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

DEAF-BLINDNESS

 

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, the individuals described as follows:

89.1040(b)(1) 

 
  • An otologist or licensed medical doctor and an audiologist to determine the presence of a hearing impairment.

89.1040(c)(2)
89.1040(c)(3)

 
  • 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.

89.1040(c)(2)
89.1040(c)(12)(A)
89.1040(c)(12)(A)(ii)(I)

 
  • A speech/language therapist, a certified speech and language therapist, or a licensed speech language pathologist, if appropriate.

89.1040(c)(2)(B)

   Document whether the combination of hearing and visual impairments causes:      
 
  • Severe communication needs.

300.7(c)(2)

 
  • Other developmental needs.

300.7(c)(2)

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

300.7(c)(2)
300.7(c)(3)
300.7(a)
300.26(a)(1)(i)

 
  • Needs that cannot be accommodated in special education programs solely for children with deafness or children with blindness.

300.7(c)(2)

 

Document whether the student meets the eligibility for deaf-blindness:

     
 
  • Meets eligibility criteria for auditory impairment and visual impairment.

89.1040(c)(2)(A)
89.1040(c)(3)

89.1040(c)(12)

 
  • 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.

89.1040(c)(2)(B)

 
  • 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.

89.1040(c)(2)(C)

 
  • 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.

89.1040(c)(2)(D)

 

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.

89.1131(a)
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