§ 5.147. Definition.

 As used in this subchapter and as defined in Pub. L. No. 103-230, the term ‘‘developmental disability’’ means a severe, chronic disability of an individual 5 years of age or older that:

   (1)  Is attributable to a mental or physical impairment or a combination of mental and physical impairments.

   (2)  Is manifested before the individual attains age 22.

   (3)  Is likely to continue indefinitely.

   (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:

     (i)   Self-care.

     (ii)   Receptive and expressive language.

     (iii)   Learning.

     (iv)   Mobility.

     (v)   Self-direction.

     (vi)   Capacity for independent living.

     (vii)   Economic self-sufficiency.

   (5)  Reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, supports or other assistance that is of lifelong or extended duration and is individually planned and coordinated.

   (6)  When the term is applied to infants and young children, it means individuals from birth to 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

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