Disability Categories

What Is Required

Children must be 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. For a child to be eligible for services under IDEA, the child must qualify in one or more of the thirteen areas of disability as listed below 34 CFR 300.304(c)(4) and 20 USC 1414(b)(3)(B)

What We Do

A child with a disability means a child evaluated as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (emotional disturbance), an orthopedic impairment, autism, traumatic brain injury or other health impairment, a specific learning disability, deaf-blindness or multiple disabilities and who, because of this/these disability/disabilities, needs special education and related services.

If a child is determined, through an appropriate evaluation, to have one of these disabilities, but only needs a related service and not special education, the child is not a child with a disability.

If the related service required by the child is considered special education rather than a related service under Texas standards, the child would be determined to be a child with a disability.

A student is eligible to participate in the Floresville ISD special education program if the student meets age requirements and

has a visual or auditory impairment that prevents him/her from being adequately or safely educated in public school without the provision of special services or
has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services.

IDEA's disability terms and definitions guide how States in their own turn define disability and who is eligible for a free appropriate public education education under special education law.

AUDITORY IMPAIRMENT (AI)

What Is Required

(3) Auditory impairment. A student 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 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.

Definition

A student with auditory impairment is one who has been determined to have a serious hearing loss even after corrective medical treatment or use of amplification.

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 the child’s educational performance.

Hearing impairment means 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.

AUTISM (AU)

What Is Required

(1) Autism. A student with autism is one who has been determined to meet the criteria for autism as stated in 34 CFR, §300.8(c)(1). Students with pervasive developmental disorders are included under this category. The team's written report of evaluation must include specific recommendations for behavioral interventions and strategies.

Definitions

A student with autism is one who evidences a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines and unusual responses to sensory experiences. A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria above are satisfied. Students with pervasive developmental disorders are included in this category.

DEAF-BLINDNESS

What Is Required

(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 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.

Definitions

Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that cannot be accommodated through special education services/programs developed solely for children with deafness or children with blindness.

A student with deaf-blindness is one who:

• Meets the eligibility criteria for a student with a visual impairment AND the eligibility criteria for a student with an auditory impairment; OR

• Meets the criteria for a student with visual impairment and has a suspected hearing loss that cannot be demonstrated conclusively, but a speech/language therapist, certified speech and language therapist, or a licensed speech language pathologist, indicates there is no speech at an age when speech would normally be present OR

• 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 that student’s educational performance; OR

• Has documented medial 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.

EMOTIONAL DISTURBANCE

What Is Required

(4) Emotional disturbance. A student with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance as stated in 34 CFR, §300.8(c)(4). The written report of evaluation must include specific recommendations for behavioral supports and interventions.

What We Do

A student with an emotional disturbance is one who exhibits one or more of the following characteristic over a long period of time and to a marked degree that adversely affects a child’s educational performance

An inability to learn that cannot be explained by intellectual, sensory, or other health factors
An inability to build or maintain satisfactory interpersonal relationships with peers and teachers
Inappropriate types of behaviors and feelings under normal circumstances
A general pervasive mood of unhappiness or depression
A tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they also have an emotional disturbance.

Evaluation Procedures

A Licensed Specialist in School Psychology (LSSP) is required for an assessment for emotional disturbance.

Required Eligibility Documents

Full and Individual Evaluation (FIE) that includes a psychological evaluation conducted by an LSSP
Emotional Disturbance (ED) Eligibility Form signed by an LSSP

ARD/IEP Requirements

The ARD/IEP Team must make specific recommendations for behavioral supports and interventions. This includes a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP).

INTELLECTUAL DISABILITY

What Is Required

(5) Intellectual disability. A student with an intellectual disability is one who has been determined to meet the criteria for an intellectual disability as stated in 34 CFR, §300.8(c)(6). In meeting the criteria stated in 34 CFR, §300.8(c)(6), a student with an intellectual disability is one who:

(A) has been determined to have significantly sub-average intellectual functioning as measured by a standardized, individually administered test of cognitive ability in which the overall test score is at least two standard deviations below the mean, when taking into consideration the standard error of measurement of the test; and

(B) concurrently exhibits deficits in at least two of the following areas of adaptive behavior: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety.

Definitions

A student with an intellectual disability is one who has been determined to meet the criteria for an intellectual disability (significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance)

A student with an intellectual disability is one who

• Has been determined to have significantly sub-average intellectual functioning, as measured by a standardized, individually administered test of cognitive ability in which the overall test score is at least two standard deviations below the mean, when taking into consideration the standard error of measurement

AND

• Concurrently exhibits deficits in at least two of the following areas of adaptive behavior:

– Communication

– Self-care

– Home living

– Social/interpersonal skills

– Use of community resources

– Self-direction

– Functional academic skills

– Work

– Leisure

– Health

– Safety

The child's deficits are manifested during the developmental period; and by reason of the intellectual disabilities, the child needs special education and related services.

What We Do

1. The diagnostician must obtain a full scale IQ by using one or more of the following assessment batteries: WISC IV, DAS II (core subtests), or Woodcock-Johnson III Test of Cognitive Abilities (subtests 1-7). Obtaining a non-verbal IQ is not required.

Note: A full scale IQ of 70 or below is considered more than two standard deviations below the mean. Always take into consideration the standard error of measurement (SEM) which can be found in the assessment manual.

2. The diagnostician must obtain a formal measure of adaptive behavior using either the Adaptive Behavior Assessment System II (ABAS II) or the Vineland II. It is best practice to have both a parent and teacher complete an adaptive behavior rating scale. To ensure a valid measurement of adaptive behavior, the child needs to be with the teacher for at least 4 weeks. A student must have deficits in at least two of the following areas of adaptive behavior: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. Deficits in adaptive behavior should be considered for students who are assessed at a scale score of 5 or below or a standard score of 75 or below.

3. The diagnostician will administer a formal achievement test, such as the KTEA-III, WJ III Tests of Achievement, WIAT III or for very young children TEMA 3/TERA 3.

4. The diagnostician should always include informal information from teacher ,previous goals and objectives, RtI data (if applicable) and observations, as well as district/campus/state assessment data.

SPEECH IMPAIRMENT

What Is Required

(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.

A student with a speech impairment is one who has been determined to meet the criteria for speech or language impairment (a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child’s educational performance). The multidisciplinary team that collects or reviews evaluation data must include a certified speech and hearing therapist, a certified speech and language therapist or a licensed speech/language pathologist.

Definition

SPECIFIC LEARNING DISABILITIES

What Is Required

(c) Eligibility definitions.

(9) Learning disability.

(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 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) 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. 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.

(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 scientific, research-based intervention; and

(I) does not make sufficient progress when provided a process based on the student's response to scientific, research-based intervention (as defined in 20 USC, §7801(37)), 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.

(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.

Definition

A student with a learning disability is one who:

Has been determined through a variety of assessment tools and strategies to meet the criteria for specific learning disability (a disorder in one or more of the basic psychological process involved in understanding or in using spoken or written language that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations) AND
Does not achieve adequately for the child’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 child’s response to scientific, research-based intervention AND
- Does not make sufficient progress when provided a process based on the child’s response to scientific, research-based interventions, as indicated by the child’s performance relative to the performance of the child’s peers on repeated, curriculum-based assessments of achievement at reasonable intervals, reflecting student progress during classroom instruction OR
- 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.

NOTE: A student’s failure to pass STAAR should not automatically result in an SLD referral and/or determination. A variety of information sources and measures, including, but not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments shall be considered. Intervals are considered reasonable if consistent with the assessment requirements of a student’s specific instructional program. Students whose classroom achievement indicates a pervasive weakness that does not constitute a pattern of strengths and weaknesses should not be determined to have an a SLD. Students who meet the criteria for having an intellectual disability should not be determined to have a SLD.

VISUAL IMPAIRMENTS

What Is Required

(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). The visual loss should be stated in exact measures of visual field and corrected visual acuity at a distance and at close range in each eye in a report by a licensed ophthalmologist or optometrist. The report should also include prognosis whenever possible. If exact measures cannot be obtained, the eye specialist must so state and provide best estimates. In meeting the criteria stated in 34 CFR, §300.8(c)(13), a student with a visual impairment is one who:

(i) has been determined by a licensed ophthalmologist or optometrist:

(I) to have no vision or to have a serious visual loss after correction; or

(II) to have a progressive medical condition that will result in no vision or a serious visual loss after correction; and

(ii) has been determined by the following evaluations to have a need for special services:

(I) 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; and

(II) a learning media assessment by a professional certified in the education 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.

(B) A student with a visual impairment is functionally blind if, based on the preceding evaluations, the student will use tactual media (which includes braille) as a primary tool for learning to be able to communicate in both reading and writing at the same level of proficiency as other students of comparable ability.

(C) Beginning with the 2014-2015 school year, a full individual and initial evaluation of a student suspected of having a visual impairment must include an orientation and mobility evaluation conducted by a person who is appropriately certified as an orientation and mobility specialist and 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.

(D) Beginning with the 2014-2015 school year, a person who is appropriately certified as an orientation and mobility specialist must participate, as part of a multidisciplinary team, in evaluating data used in making the determination of the student's eligibility as a student with a visual impairment.

(E) Beginning with the 2014-2015 school year, the scope of any reevaluation of a student who has been determined, after the full individual and initial evaluation, to be eligible for the district's special education program on the basis of a visual impairment must be determined, in accordance with 34 CFR, §§300.122 and 300.303-300.311, by a multidisciplinary team that includes an appropriately certified orientation and mobility specialist

What We Do

A student with a visual impairment is one who

Has been determined by a licensed ophthalmologist or optometrist
To have no vision or to have a serious visual loss after correction or
To have a progressive medical condition that will result in no vision or a serious visual loss after correction.
Has been determined by the following evaluations to have a need for special services
- A functional vision evaluation (FVE) by a professional certified in the education of students with visual impairments or a certified orientation and mobility specialists. The evaluation must include the performance of tasks in a variety of environments requiring the use of both near and distance vision evaluation and an orientation and mobility evaluation.
- A learning media assessment (LMA) by a professional certified in the education of students with visual impairments. The evaluation must include recommendations concerning which specific visual, tactual, and/or auditory learning media are appropriate for the student and whether there is a need for ongoing evaluation in this area.

A student who has a visual impairment is functionally blind, if based on the preceding evaluations the student will use tactual media (Braille) as a primary tool for communication.

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