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child belongs, observation and professional judgment are to
be used instead.
(d) Determination that a child is mentally retarded is never
to be made on the basis of any one test alone.
§ 1308.11 Eligibility criteria: Hearing impairment including
deafness.
(a) A child is classified as deaf if a hearing impairment
exists which is so severe that the child is impaired in processing
linguistic information through hearing, with or without amplification, and
learning is affected. A child is classified as hard of hearing who has a
permanent or fluctuating hearing impairment which adversely affects
learning; or
(b) Meets the legal criteria for being hard of hearing
established by the State of residence; or
(c) Experiences recurrent temporary or fluctuating hearing
loss caused by otitis media, allergies, or eardrum perforations and other
outer or middle ear anomalies over a period of three months or more.
Problems associated with temporary or fluctuating hearing loss can include
impaired listening skills, delayed language development, and articulation
problems. Children meeting these criteria must be referred for medical
care, have their hearing checked frequently, and receive speech, language
or hearing services as indicated by the IEPs. As soon as special services
are no longer needed, these children must no longer be classified as
having a disability.
§ 1308.12 Eligibility criteria: Orthopedic
impairment.
(a) A child is classified as having an orthopedic impairment
if the condition is severe enough to adversely affect a child’s learning.
An orthopedic impairment involves muscles, bones, or joints and is
characterized by impaired ability to maneuver in educational or noneducational settings, to perform fine or gross motor activities, or to
perform self-help skills and by adversely affected educational
performance.
(b) An orthopedic impairment includes, but is not limited
to, spina bifida, cerebral palsy, loss of or deformed limbs, contractures
caused by
"An orthopedic impairment involves muscles, bones, or joints and is
characterized by impaired ability to maneuver in educational or noneducational settings, to perform fine or gross motor activities, or to
perform self-help skills and by adversely affected educational
performance."
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burns, arthritis, or muscular
dystrophy.
§ 1308.13 Eligibility criteria: Visual impairment including
blindness.
(a) A child is classified as visually impaired when visual
impairment, with correction, adversely affects a child’s learning. The
term includes both blind and partially seeing children. A child is
visually impaired if:
| (1) |
The vision loss meets the definition of legal
blindness in the State of residence; or
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| (2) |
Central acuity does not exceed 20/200 in the better
eye with corrective lenses, or visual acuity is greater than 20/200,
but is accompanied by a limitation in the field of vision such that
the widest diameter of the visual field subtends an angle no greater
than 20 degrees.
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| (3) |
A child is classified as having a visual impairment if
central acuity with corrective lenses is between 20/70 and 20/200 in
either eye, or if visual acuity is undetermined, but there is
demonstrated loss of visual function that adversely affects the
learning process, including faulty muscular action, limited field of
vision, cataracts, etc. |
"A child is classified as visually impaired ... includes both blind and
partially seeing children."
§ 1308.14 Eligibility criteria: Learning
disabilities.
(a) A child is classified as having a learning disability
who has a disorder in one or more of the basic psychological processes
involved in understanding or in using language, spoken or written, which
may manifest itself n imperfect ability to listen, think, speak or, for
preschool age children, acquire the precursor skills for reading, writing,
spelling or doing mathematical calculations. The term includes such
conditions as perceptual disabilities, brain injury, and aphasia.
(b) An evaluation team may recommend that a child be
classified as having a learning disability if:
| (1) |
The child does not achieve commensurate with his or
her age and ability levels in one or more of the areas listed in (a)
above when provided with appropriate learning experiences for the
age and ability; or
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| (2) |
The child has a severe discrepancy between achievement
of developmental |
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