MULTIPLE DISABILITIES

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; 
     . . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(b)  Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:
(1)  a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
(2)  a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . .  
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
(i)  the student's disability is expected to continue indefinitely; and
(ii)  the disabilities severely impair performance in two or more of the following areas:
(I)  psychomotor skills;
(II)  self-care skills;
(III)  communication;
(IV)  social and emotional development; or
(V)  cognition.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
(i)  the student's disability is expected to continue indefinitely; and
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
(I)  psychomotor skills;
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. .  .
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
. . . 
(II)  self-care skills;
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
. . . 
(III)  communication;
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
. . . 
(IV)  social and emotional development; or
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
(A)  A student with multiple disabilities is one who has been determined to meet the criteria for multiple disabilities as stated in 34 CFR, §300.8(c)(7). In meeting the criteria stated in 34 CFR, §300.8(c)(7), a student with multiple disabilities is one who has a combination of disabilities defined in this section and who meets all of the following conditions:
. . . 
(ii)  the disabilities severely impair performance in two or more of the following areas:
. . . 
(V)  cognition.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(6)  Multiple disabilities.
. . . 
(B)  Students who have more than one of the disabilities defined in this section but who do not meet the criteria in subparagraph (A) of this paragraph must not be classified or reported as having multiple disabilities.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

Low Incidence Statewide Network (LISN) (Region 3 ESC)