Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 4. (a) "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 amplification, 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.

(b) Eligibility for special education as a student who is deaf or hard of hearing shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

1. (1) An assessment of the following:

   1. (A) Current academic achievement as defined at 511 IAC 7-32-2.
   2. (B) Functional skills or adaptive behavior across various environments from multiple sources.

   3. (C) Communication conducted in the:

      1. (i) language or system utilized for the student's instruction; or
      2. (ii) student's preferred mode of communication;
   4. that assesses the student's receptive and expressive language skills.

2. (2) A social and developmental history that may include, but is not limited to, the following:

   1. (A) Communication skills.
   2. (B) Social interaction skills.
   3. (C) Motor skills.
   4. (D) Responses to sensory experiences.
   5. (E) Relevant family and environmental information.

3. (3) A written report from an educational or clinical audiologist, otologist, or otolaryngologist with information regarding the:

   1. (A) etiology of the hearing loss; and
   2. (B) student's potential requirement for amplification, if appropriate.

4. (4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

   1. (A) determine eligibility for special education and related services; and
   2. (B) inform the student's CCC of the student's special education and related services needs.

(Indiana State Board of Education; 511 IAC 7-41-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)