Excerpt from Chapter 89



Deafblind Eligibility

Excerpt from Chapter 89. Adaptations for Special Populations - Subchapter AA. Commissioner's Rules Concerning Special Education Services

§89.1040. Eligibility Criteria.

(a) Special education services. To be eligible to receive special education services, a student must be a "child with a disability," as defined in 34 Code of Federal Regulations (CFR), §300.7(a), subject to the provisions of 34 CFR, §300.7(c), the Texas Education Code (TEC), §29.003, and this section. The provisions in this section specify criteria to be used in determining whether a student's condition meets one or more of the definitions in federal regulations or in state law.

(b) Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal (ARD) committee. Any evaluation or re-evaluation of a student shall be conducted in accordance with 34 CFR, §§300.530-300.536. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:

(1) a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or

(2) a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.

(c) Eligibility definitions.

(2) Deaf-blindness. A student with deaf-blindness is one who has been determined to meet the criteria for deaf-blindness as stated in 34 CFR, §300.7(c)(2). In meeting the criteria stated in 34 CFR, §300.7(c)(2), a student with deaf-blindness is one who, based on the evaluations specified in subsections (c)(3) and (c)(12) of this section:

(A) meets the eligibility criteria for auditory impairment specified in subsection (c)(3) of this section and visual impairment specified in subsection (c)(12) of this section;

(B) meets the eligibility criteria for a student with a visual impairment and has a suspected hearing loss that cannot be demonstrated conclusively, but a speech/language therapist, a certified speech and language therapist, or a licensed speech language pathologist indicates there is no speech at an age when speech would normally be expected;

(C) 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; or

(D) 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 the student's educational performance.

|STUDENT’S NAME: | |CHECKLIST FOR DEAFBLIND CENSUS OF TEXAS |

| | |

| To be considered as deafblind for the purposes of being included in the Federal census and receiving services from Deafblind Outreach, a child (birth through 21) would have to meet at least one condition in |

|each of the three areas. CIRCLE ALL APPLICABLE |

|Hearing |Vision |Developmental Concerns |

|1. |Documented auditory impairment meeting Texas eligibility requirements | |Documented visual impairment meeting Texas eligibility |1. |At least one year delay on developmental assessments or |

| |as cited in the Commissioner’s Rules |1. |requirements as cited in the Commissioner’s Rules | |one standard deviation from score expected on the basis |

|*2. |Hearing loss in one ear only (conductive, sensorineural or mixed) of | | | |of chronological age on standardized assessments in one |

| |at least 15 dB |2. |Vision loss in one eye only | |or more of the following areas: |

|*3. |Documented bilateral hearing impairment (conductive, sensorineural, or| | | |a) communication skills (including speech |

| |mixed) of at least 15 dB |*3. |Documented syndrome, disease or disorder associated with vision| |and language) |

|*4. |Documented syndrome, disease or disorder associated with hearing loss | |loss | |b) social skills |

| |Documented syndrome/disorder associated with a progressive hearing | | | |c) spatial awareness and orientation |

|*5. |loss |*4. |Documented syndrome/disorder associated with a progressive | |d) basic concepts |

| |Diagnosis of a central auditory processing disorder (CAPD) by a speech| |vision loss | |e) academic achievement |

|*6. |language pathologist or an audiologist. A psychologist or | | | |f) visual and/or auditory guided movement |

| |diagnostician may also participate in the diagnosis |*5. |Diagnosis of cortical visual impairment from an ophthalmologist| |g) self-help |

| |Has a documented or suspected visual impairment and is at risk for | |and/or neurologist | | |

| |hearing loss. | | | |At risk for problems with independent living |

|7. |Circle all risk factors (a)-(f) listed below that apply. |6. |Documented visual impairment of 20/70 or greater after |2. |and/or competitive employment upon graduation from high |

| |a. Documented chronic/persistent otitis media | |correction in better eye or a loss | |school |

| |b. Caregivers/professionals who know the child | |in visual field | | |

| |suspect impaired hearing based on the | | | |At risk for problems with integration into family |

| |following: |7. |Has a documented or suspected hearing loss |3. |life/community activities |

| |1) significant and otherwise unanticipated | |and is at risk for vision loss. Circle all risk factors | | |

| |delay in receptive and/or expressive | |(a)-(f) listed below that apply. | |At risk of getting hurt when walking/moving |

| |speech-language skills | |a. Diagnosis of nystagmus |4. |around independently |

| |2) responses to full range of auditory stimuli in | |b. Diagnosis of untreated amblyopia after the age of 6 years | | |

| |the environment is less than anticipated | |c. History of untreated eye condition, such as cataracts, | |Under the age of 5 years |

| |c. Ototoxic medications | |during the first three years of life |5. | |

| |d. Prematurity | |d. Impaired oculomotor functioning resulting from strabismus | |Has a documented visual loss and is at risk for a hearing|

| |e. Balance problems | |or cerebral palsy or other neurological impairments |6. |loss |

| |f. Family history of hearing loss | |e. Prematurity | | |

| | | |f. Caregivers/professionals who know the childsuspect visual | |Has a documented hearing loss and is at risk for a vision|

| | | |impairments because visual attending and/or visual examining |7. |loss |

| | | |behaviors are less than anticipated | | |

| | | |g. Family history of vision loss | | |

|*examples/definitions on reverse side of this page | | |

|Suggested uses for this CHECKLIST |1) To evaluate each of the students in special education. |

| |2) To present to parents as a tool to help develop an understanding of their child’s needs for program modification because of sensory deficits. |

| |3) To keep in child’s records. |

|*EXAMPLES | | |

|Hearing |Vision |Developmental Concerns |

| | | | | | |

|2/3. |A conductive hearing loss is caused by problems in the outer ear or |3. |Some examples of syndromes or disorders associated with loss of | | |

| |middle ear (e.g.) blockage of the ear canal, damage to the ear drum, | |vision include: | | |

| |problems with the bones in the middle ear, fluid in the middle ear. | |Congenital cataracts | | |

| |A sensorineural hearing loss is caused by nerve damage to the inner | |Retinopathy of Prematurity | | |

| |ear. | |Retinal Blastomas | | |

| |A mixed hearing loss is a combination of conductive and sensorineural | |Optic Nerve Hypoplasia | | |

| |impairments. | |CHARGE | | |

| |Examples of syndromes/diseases causing hearing loss: | |Down | | |

| |Bacterial meningitis | |Hydrocephaly | | |

| |CMV | | | | |

|4. |CHARGE |4. |Some examples of disorders associated with | | |

| |Usher | |progressive or fluctuating vision loss include: | | |

| |Down | |Retinitis Pigmentosa | | |

| |Microcephaly | |Usher S. | | |

| |Rubella | |Glaucoma | | |

| |Examples of syndromes/diseases causing progressive hearing losses: | | | | |

| |CMV |5. |Cortical visual impairment results in difficulties in processing | | |

| |Norrie S. | |visual information. | | |

|5. |Goldinhar S. | | | | |

| |Hurler S. |7a. |Nystagmus is an involuntary rapid movement of | | |

| |Reports from professionals may include such terms or descriptions as: | |the eye. | | |

| |central auditory processing problem | | | | |

| |central auditory processing dysfunction |7b. |Amblyopia is uncorrectable blurred vision | | |

| |difficulty in understanding what is heard | |due to disuse of the eye. | | |

|6. |Otitis media/middle ear infection when chronic (lasting longer than 3 | | | | |

| |weeks) and recurring can inhibit language/communication development. |7c. |Cataracts are a clouding of the lens of the eye. | | |

| |Some common ototoxic substances: | | | | |

| |antibiotics: |7d. |Strabismus is a deviation of the eyes so they are | | |

| |tetracycline | |not simultaneously directed to the same object. | | |

|7a. |streptomycin | | | | |

| |anticancer drugs: | |Examples of oculomotor problems: | | |

| |methotrexate | |Child may be observed to overreach or underreach for objects | | |

|7c. |aminopterin | |Child may misjudge where the food is on a plate | | |

| |Some balance problems are associated with hearing loss: | |Child may be confused by color or texture of walking surface | | |

| |Usher I syndrome | | | | |

| |Inner ear damage | | | | |

| | | | | | |

| | | | | | |

| | | | | | |

|7e. | | | | | |

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