| (VI) reading comprehension;
(VII) mathematics calculation; or
(VIII) mathematics problem solving;
(iii) meets one of the following criteria:
(I) does not make sufficient progress to meet age or
state-approved grade-level standards in one or more of the areas identified
in clause (ii)(I)-(VIII) of this subparagraph when using a process
based on the student's response to scientific, research-based intervention;
or
(II) exhibits a pattern of strengths and weaknesses
in performance, achievement, or both relative to age, state-approved
grade-level standards, or intellectual development that is determined
to be relevant to the identification of a specific learning disability,
using appropriate assessments, consistent with 34 CFR, §300.304
and §300.305; and
(iv) does not meet the findings under clauses (ii)
and (iii) of this subparagraph primarily as the result of:
(I) a visual, hearing, or motor disability;
(II) an intellectual disability;
(III) emotional disturbance;
(IV) cultural factors;
(V) environmental or economic disadvantage; or
(VI) limited English proficiency.
(C) As part of the evaluation described in subparagraph
(B) of this paragraph and 34 CFR, §§300.307-300.311, and
in order to ensure that underachievement by a student suspected of
having a specific learning disability is not due to lack of appropriate
instruction in reading or mathematics, the following must be considered:
(i) data that demonstrates the student was provided
appropriate instruction in reading (as described in 20 United States
Code (USC), §6368(3)), and/or mathematics within general education
settings delivered by qualified personnel; and
(ii) data-based documentation of repeated assessments
of achievement at reasonable intervals, reflecting formal evaluation
of student progress during instruction, which must be provided to
the student's parents. Data-based documentation of repeated assessments
may include, but is not limited to, response to intervention progress
monitoring results, in-class tests on grade-level curriculum, or other
regularly administered assessments. Intervals are considered reasonable
if consistent with the assessment requirements of a student's specific
instructional program.
(D) The school district must ensure that the student
is observed in the student's learning environment, including the regular
classroom setting, to document the student's academic performance
and behavior in the areas of difficulty. In determining whether a
student has a specific learning disability, the admission, review,
and dismissal (ARD) committee must decide to either use information
from an observation in routine classroom instruction and monitoring
of the student's performance that was conducted before the student
was referred for an evaluation or have at least one of the members
described in subsection (b) of this section conduct an observation
of the student's academic performance in the regular classroom after
the student has been referred for an evaluation and the school district
has obtained parental consent consistent with 34 CFR, §300.300(a).
In the case of a student of less than school age or out of school,
a member described in subsection (b) of this section must observe
the student in an environment appropriate for a student of that age.
(E) The determination of whether a student suspected
of having a specific learning disability is a student with a disability
as defined in 34 CFR, §300.8, must be made by the student's parents
and a team of qualified professionals, which must include at least
one person qualified to conduct individual diagnostic examinations
of children such as a licensed specialist in school psychology, an
educational diagnostician, a speech-language pathologist, or a remedial
reading teacher and one of the following:
(i) the student's regular teacher;
(ii) if the student does not have a regular teacher,
a regular classroom teacher qualified to teach a student of his or
her age; or
(iii) for a student of less than school age, an individual
qualified by the Texas Education Agency to teach a student of his
or her age.
(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.
(11) Traumatic brain injury. A student with a traumatic
brain injury is one who has been determined to meet the criteria for
traumatic brain injury as stated in 34 CFR, §300.8(c)(12). The
multidisciplinary team that collects or reviews evaluation data in
connection with the determination of a student's eligibility based
on a traumatic brain injury must include a licensed physician, in
addition to the licensed or certified practitioners specified in subsection
(b)(1) of this section.
(12) Visual impairment.
(A) A student with a visual impairment is one who has
been determined to meet the criteria for visual impairment as stated
in 34 CFR, §300.8(c)(13). Information from a variety of sources
must be considered by the multidisciplinary team that collects or
reviews evaluation data in connection with the determination of a
student's eligibility based on visual impairment in order to determine
the need for specially designed instruction as stated in 34 CFR, §300.39(b)(3),
and must include:
(i) a medical report by a licensed ophthalmologist
or optometrist that indicates the visual loss stated in exact measures
of visual field and corrected visual acuity, at a distance and at
near range, in each eye. If exact measures cannot be obtained, the
eye specialist must so state and provide best estimates. The report
should also include a diagnosis and prognosis whenever possible and
whether the student has:
(I) no vision or visual loss after correction; or
(II) a progressive medical condition that will result
in no vision or a visual loss after correction;
(ii) a functional vision evaluation by a certified
teacher of students with visual impairments or a certified orientation
and mobility specialist. The evaluation must include the performance
of tasks in a variety of environments requiring the use of both near
and distance vision and recommendations concerning the need for a
clinical low vision evaluation;
(iii) a learning media assessment by a certified teacher
of students with visual impairments. The learning media assessment
must include recommendations concerning which specific visual, tactual,
and/or auditory learning media are appropriate for the student and
whether or not there is a need for ongoing evaluation in this area;
and
(iv) as part of the full individual and initial evaluation,
an orientation and mobility evaluation conducted by a person who is
appropriately certified as an orientation and mobility specialist.
The evaluation must be conducted in a variety of lighting conditions
and in a variety of settings, including in the student's home, school,
and community, and in settings unfamiliar to the student.
(B) A person who is appropriately certified as an orientation
and mobility specialist must participate in any reevaluation as part
of the multidisciplinary team, in accordance with 34 CFR, §§300.122
and 300.303-300.311, in evaluating data used to make the determination
of the student's need for specially designed instruction.
(C) A person who is appropriately certified as an orientation
and mobility specialist must participate, as part of a multidisciplinary
team, in accordance with 34 CFR, §§300.122 and 300.303-300.311,
in evaluating data used in making the determination of the student's
eligibility as a student with a visual impairment.
(13) Noncategorical. A student between the ages of
3-5 who is evaluated as having an intellectual disability, an emotional
disturbance, a specific learning disability, or autism may be described
as noncategorical early childhood.
|
| Source Note: The provisions of this §89.1040 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective December 2, 2015, 40 TexReg 8642; amended to be effective February 15, 2018, 43 TexReg 763; amended to be effective March 14, 2021, 46 TexReg 1466; amended to be effective October 5, 2021, 46 TexReg 6533; amended to be effective June 7, 2022, 47 TexReg 3248 |
