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

MULTIPLE DISABILITIES

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 must include the members of the team required to establish the two or more disabilities that are the basis for the multiple disabilities.

89.1040(b)(2)

89.1040(c)(6)

Document the presence of two or more disabilities (according to the framework for each disability), but not including deaf-blindness. 

300.7(c)(7)

Document whether the student's disability is expected to continue indefinitely.

89.1040(c)(6)(A)(i)

Document whether the disabilities severely impair performance in two or more of the following areas:

89.1040(c)(6)(A)(ii)

  • Psychomotor skills.

89.1040(c)(6)(A)(ii)(I)

  • Self-care skills.

89.1040(c)(6)(A)(ii)(II)

  • Communication.

89.1040(c)(6)(A)(ii)(Ill)

  • Social and emotional development.

89.1040(c)(6)(A)(ii)(IV)

  • Cognition.

89.1040(c)(6)(A)(ii)(v)

Document whether the disabilities cause such severe educational needs that the student cannot be accommodated in special education programs solely for one of the impairments.

300.7(c)(7)

300.7(a)

Students who have more than one of the disabilities, defined in this section, but who do not meet the criteria shall not be classified or reported as having multiple disabilities.

89.1040(c)(6)(B)

Determination of a student’s eligibility for special education services and development of the individualized education program is the function of the 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.

89.1040(b)
89.1131(a)

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