DEAF OR HARD OF HEARING

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; 
     . . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(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 committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. 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.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . .  
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(b)  For a student from birth through two years of age with a visual impairment or who is deaf or hard of hearing, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324, and the memorandum of understanding between the Texas Education Agency and the Texas Health and Human Services Commission. For students three years of age and older, school districts must develop an IEP. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . .  
   (3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
    (5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

. . . 
(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate. 
. . . 
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

Texas Education Code § 29.310. Procedures and Materials for Assessment and Placement.

. . . 
(c) The procedures and materials for the assessment and placement of a student who is deaf or hard of hearing shall be in the student's preferred mode of communication.  All other procedures and materials used with any student who is deaf or hard of hearing and who has limited English proficiency shall be in the student's preferred mode of communication.


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  Oct. 17, 2007

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

Texas Education Code § 30.083. Statewide Plan.

(a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives: 
. . . 
    (6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  Oct. 17, 2007

Texas Education Code § 30.083. Statewide Plan.

(a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives: 
. . . 
    (6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  Oct. 17, 2007

Texas Education Code § 30.083. Statewide Plan.

(a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives: 
. . . 
    (6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  Oct. 17, 2007

Texas Education Code § 30.083. Statewide Plan.

(a) The director of services shall develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. The plan shall be designed to accomplish the following objectives: 
. . . 
    (6) recognizing the need for development of language and communications abilities in students who are deaf or hard of hearing, but also calling for the use of methods of communication that will meet the needs of each individual student, with each student assessed thoroughly so as to ascertain the student's potential for communications through a variety of means, including through oral or aural means, fingerspelling, or sign language.
. . . 


Last Amended: 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  Oct. 17, 2007

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(3)  Deaf or hard of hearing. A student who is deaf or hard of hearing is one who has been determined to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3), or for students who are deaf or hard of hearing as stated in 34 CFR, §300.8(c)(5). The evaluation data reviewed by the multidisciplinary team in connection with the determination of a student's eligibility based on being deaf or hard of hearing must include an otological examination performed by an otolaryngologist or by a licensed medical doctor, with documentation that an otolaryngologist is not reasonably available, and an audiological evaluation performed
by a licensed audiologist. The evaluation data must include a description of the implications of the hearing loss for the student's hearing in a variety of circumstances with or without recommended amplification. 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . .  
   (3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
    (5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

. . . 
(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate. 
. . . 
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . .  
   (3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
    (5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

OSEP Letter to Blodgett (November 12, 2014)

OSEP Letter to Anonymous (November 28, 2007)

DOJ/OSERS/OCR Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools (November 12, 2014)