(a) - (b)(No change.)
(c)Eligibility definitions.
(1)(No change.)
(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, §300.8(c)(2). In meeting the criteria stated
in 34 CFR, §300.8(c)(2), a student with deaf-blindness is one
who, based on the evaluations specified in subsection [subsections
] (c)(3) and (12) [(c)(12)] of this section:
(A)meets the eligibility criteria for a student
who is deaf or hard of hearing [auditory impairment]
specified in subsection (c)(3) of this section and visual impairment
specified in subsection (c)(12) of this section;
(B)(No change.)
(C)has documented hearing and visual losses that,
if considered individually, may not meet the requirements for a
student who is deaf or hard of hearing [auditory impairment]
or for visual impairment, but the combination of such losses
adversely affects the student's educational performance; or
(D)(No change.)
(3)Deaf or hard of hearing [Auditory
impairment]. A student who is deaf or hard of hearing [
with an auditory impairment] is one who has been determined
to meet the criteria for deafness as stated in 34 CFR, §300.8(c)(3),
or for hearing impairment 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 [an auditory impairment]
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.
(4) - (8)(No change.)
(9)Specific learning [Learning]
disability.
(A)Specific learning disability means
a disorder in one or more of the basic psychological processes involved
in understanding or in using language, spoken or written, that may
manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or do mathematical calculations, including conditions
such as perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia. Specific learning disability
does not include learning problems that are primarily the result of
visual, hearing, or motor disabilities; intellectual disability; emotional
disturbance; or environmental, cultural, or economic disadvantage.
(B)A student with a specific learning
disability is one who:
(i)has been determined through a variety of assessment
tools and strategies to meet the criteria for a specific learning
disability as stated in 34 CFR, §300.8(c)(10), in accordance
with the provisions in 34 CFR, §§300.307-300.311;
(ii)when provided with learning experiences and instruction
appropriate for the student's age or state-approved grade-level standards
as indicated by performance on multiple measures such as in-class
tests, grade average over time (e.g. six weeks or semester), norm-
or criterion-referenced tests, and statewide assessments, does not
achieve adequately for the student's age or to meet state-approved
grade-level standards in one or more of the following areas:
(I)oral expression;
(II)listening comprehension;
(III)written expression;
(IV)basic reading skill;
(V)reading fluency skills;
(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)[(A)] Prior to and 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 [in] 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)(No change.)
(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.
[(B)A student with a learning disability
is one who:]
[(i)has been determined through a variety of assessment
tools and strategies to meet the criteria for a specific learning
disability as stated in 34 CFR, §300.8(c)(10), in accordance
with the provisions in 34 CFR, §§300.307-300.311; and]
[(ii)does not achieve adequately for the student's
age or meet state-approved grade-level standards in oral expression,
listening comprehension, written expression, basic reading skill,
reading fluency skills, reading comprehension, mathematics calculation,
or mathematics problem solving when provided appropriate instruction,
as indicated by performance on multiple measures such as in-class
tests; grade average over time (e.g. six weeks, semester); norm- or
criterion-referenced tests; statewide assessments; or a process based
on the student's response to evidence-based intervention; and]
[(I)does not make sufficient progress when provided
a process based on the student's response to evidence-based intervention
(as defined in 20 USC, §7801(21)), as indicated by the student's
performance relative to the performance of the student's peers on
repeated, curriculum-based assessments of achievement at reasonable
intervals, reflecting student progress during classroom instruction;
or]
[(II)exhibits a pattern of strengths and weaknesses
in performance, achievement, or both relative to age, grade-level
standards, or intellectual ability, as indicated by significant variance
among specific areas of cognitive function, such as working memory
and verbal comprehension, or between specific areas of cognitive function
and academic achievement.]
(10) - (13)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the
state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 24, 2021
TRD-202102083 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: July 4, 2021
For further information, please call: (512) 475-1497
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