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SPEECH OR LANGUAGE IMPAIRMENT

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SPEECH OR LANGUAGE IMPAIRMENT

Authorities: 34 CFR Part 300; 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Document	The child must be assessed in all areas of suspected disability. Citations: 300.304(c)(4)
Practice	The local educational agency must comply with EVALUATION PROCEDURES.
Practice	In Texas, the group of qualified professionals that determines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION, REVIEW, AND DISMISSAL COMMITTEE. Citations: 89.1040(b) 89.1050(a)(5)
	EVALUATION PROCEDURES
Document	The group of qualified professionals that collects or reviews evaluation data in connection with the determination of the child's eligibility based on a speech impairment must include a: Citations: 89.1040(c)(10)
Document	Certified speech and hearing therapist; Citations: 89.1040(c)(10)
Document	Certified speech and language therapist; or Citations: 89.1040(c)(10)
Document	Licensed speech-language pathologist. Citations: 89.1040(c)(10)
	ELIGIBILITY CRITERIA
Practice	A child with a speech impairment is one who has been determined to meet the criteria for speech or language impairment. Citations: 89.1040(c)(10) 300.8(c)(11)
Practice	Speech or language impairment means a communication disorder or a voice impairment that adversely affects the child's educational performance. Citations: 300.8(c)(11)
Practice	The term communication disorder includes: Citations: 300.8(c)(11)
Practice	Stuttering; Citations: 300.8(c)(11)
Practice	Impaired articulation; Citations: 300.8(c)(11)
Practice	A language impairment; and Citations: 300.8(c)(11)
Practice	A voice impairment. Citations: 300.8(c)(11)

Last Updated : Wed, Apr 05, 2023

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SPEECH OR LANGUAGE IMPAIRMENT

Document

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

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

300.304(c)(4)

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

89.1040(b)

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: July 30, 2024, 49 TexReg 5515

Entered: March 24, 2025

89.1050(a)(5)

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: July 30, 2024, 49 TexReg 5507

Entered: April 15, 2025

89.1040(c)(10)

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . .
(c) Eligibility definitions.
. . .
(10) Speech impairment. A student with a speech impairment is one who has been determined to meet the criteria for speech or language impairment as stated in 34 CFR, §300.8(c)(11). The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on a speech impairment must include a certified speech and hearing therapist, a certified speech and language therapist, or a licensed speech/language pathologist.
. . .