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

ORTHOPEDIC IMPAIRMENT

 

FEDERAL AND STATE REGULATIONS 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 a licensed physician.

89.1040(c)(7)

Determine whether the student meets the criteria for orthopedic impairment:

89.1040(c)(7)

  • Has a severe orthopedic impairment.

300.7(c)(8)

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

300.7(c)(8)
300.7(a)
300.26(a)(1)(i)

Determination of a student’s eligibility for special sducation 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