As used in this chapter, "deaf or hard of hearing", which may be referred to as a hearing impairment, means the following:

1. (1) A disability that, with or without the use of an amplification device, adversely affects the student's:

   1. (A) ability to use hearing for developing language and learning;
   2. (B) educational performance; and
   3. (C) developmental progress.

2. (2) The hearing loss may be:

   1. (A) permanent or fluctuating;
   2. (B) mild to profound; or
   3. (C) unilateral or bilateral.

3. (3) Students who are deaf or hard of hearing may use:

   1. (A) spoken language;
   2. (B) sign language; or
   3. (C) a combination of spoken language and signed systems.

4. (4) Students who are deaf or hard of hearing who may have:

   1. (A) an individualized family service plan;
   2. (B) an individualized education program;
   3. (C) a plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794;
   4. (D) a service plan;
   5. (E) a choice special education plan; or
   6. (F) no educational plan or program.

As added by P.L.260-2019, SEC.1. Amended by P.L.143-2022, SEC.51.