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Authority: 34 C.F.R.
part 300; 19 T.A.C. Chapter 89; Texas
Education Code (TEC); |
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DEAF-BLINDNESS |
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FEDERAL
AND STATE REQUIREMENTS |
CITATIONS
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The evaluation is completed by a multidisciplinary
team as part of a FULL
AND INDIVIDUAL EVALUATION. Document the members
of the multidisciplinary team.
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89.1040(b)
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The multidisciplinary
team that collects or reviews evaluation data includes, but is not limited
to, the individuals described as follows:
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89.1040(b)(1)
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- An
otologist or licensed medical doctor and an audiologist to determine
the presence of a hearing impairment.
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89.1040(c)(2)
89.1040(c)(3)
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- An
ophthalmologist or optometrist, a professional certified in the education
of students with visual impairments or a certified orientation and mobility
instruction to determine the presence of a visual impairment.
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89.1040(c)(2)
89.1040(c)(12)(A)
89.1040(c)(12)(A)(ii)(I)
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- A
speech/language therapist, a certified speech and language therapist,
or a licensed speech language pathologist, if appropriate.
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89.1040(c)(2)(B)
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Document whether the
combination of hearing and visual impairments causes:
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- Severe
communication needs.
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300.7(c)(2)
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- Other
developmental needs.
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300.7(c)(2)
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- Adverse
affects on educational performance creating a need for special
education (i.e., specially designed instruction) and related services.
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300.7(c)(2)
300.7(c)(3)
300.7(a)
300.26(a)(1)(i)
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- Needs
that cannot be accommodated in special education programs solely for
children with deafness or children with blindness.
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300.7(c)(2)
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Document whether the
student meets the eligibility for deaf-blindness:
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- Meets
eligibility criteria for auditory impairment and visual impairment.
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89.1040(c)(2)(A)
89.1040(c)(3)
89.1040(c)(12)
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- OR,
meets eligibility criteria for visual impairment and has a suspected
hearing loss that cannot be demonstrated conclusively, but there is
no speech at an age when speech would normally be expected. This determination
is made by a speech/language therapist, a certified speech and language
therapist, or a licensed speech language pathologist.
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89.1040(c)(2)(B)
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- OR,
has documented hearing and visual losses that, if considered individually,
may not meet the requirements for auditory impairment or visual impairment,
but the combination of such losses adversely affects the student's educational
performance.
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89.1040(c)(2)(C)
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- OR,
has a documented medical diagnosis of a progressive medical condition
that will result in concomitant hearing and visual losses that, without
special education intervention, will adversely affect educational performance.
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89.1040(c)(2)(D)
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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. All special education and related service personnel
shall be certified, endorsed, or licensed
in the area(s) of assignments.
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89.1131(a)
89.1040(b)
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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 |