Authority: 34 C.F.R. Part 300; Texas Education Code (TEC); 19 T.A.C. Chapter 89

AUDITORY IMPAIRMENT (State)
Deafness and Hearing Impairment (Federal)

 

FEDERAL AND STATE REQUIREMENTS

CITATIONS

 

The evaluation is completed by a multidisciplinary team as part of a FULL AND INDIVIDUAL EVALUATION. Document the members of the multidisciplinary team.  

89.1040(b)
 

The multidisciplinary team that collects or reviews evaluation data includes, but is not limited to:

 
 
  • An otological examination performed by an otologist.

89.1040.(c)(3)

 
  • OR, by a licensed medical doctor, with documentation that an otologist is not reasonably available.

89.1040.(c)(3)

 
  • AND, an audiological evaluation by a licensed audiologist.

89.1040.(c)(3)

 

Document whether the student meets the criteria for deafness:

89.1040.(c)(3)
300.7(c)(3)

 
  • A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing.

300.7(c)(3)

 
  • With or without amplification.

300.7(c)(3)

 

  • Adversely affects educational performance creating a need for special education (i.e. specially designed instruction) and related services.

300.7(a)
300.24
300.26(a)(1)(i)
300.7(c)(5)

 

OR, meets the criteria for a hearing impairment:

89.1040.(c)(3)
300.7(c)(5)

 
  • An impairment in hearing, whether permanent or fluctuating.

300.7(c)(5)

 
  • That adversely affects educational performance.

300.7(c)(5)

 
  • But is not included in the definition of deafness above.

300.7(c)(5)

 

Describe, from the evaluation data, the implications of the hearing loss in a variety of circumstances with or without recommended amplification.

89.1040.(c)(3)

 

Ascertain the student’s language and communication needs, including oral (spoken) or aural (hearing) means, finger spelling, or sign language, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and opportunities for direct instruction in the child's language and communication mode.

TEC 30.083(a)(6)

300.346(a)(2)(iv)

 

The determination of whether a student is eligible for special education and related services is made by the student’s ARD Committee, including the parents. The district shall ensure that the ARD committee for each student with a disability includes the required members for students with Auditory Impairments. All special education and related service personnel shall be certified, endorsed, or licensed in the area(s) of assignments.

89.1131(a)
89.1131(b)(5)
89.1040(b)

  A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights. TEC 29.017
 

For a child from birth through two years of age with Auditory Impairments, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting.

89.1050(b)

MOU between the T.E.A. and Texas Interagency Council on Early Childhood Intervention page 18