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Cognitive Disability
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511 IAC 7-41-5 Deaf-blind

Sec. 5. (a) “Deaf-blind”, which may be referred to as dual sensory impaired, means a disability that: 

(1) is a concomitant hearing and vision loss or reduction in functional hearing and vision capacity; 

(2) causes significant communication and adaptive behavior deficits;

(3) adversely affects the student's educational performance; and

(4) cannot be accommodated for by use of a program or service designed solely for students who are: 

(A) deaf or hard of hearing; or

(B) blind or have low vision.

(b) Students who are deaf-blind represent a heterogeneous group that includes the following: 

(1) Students who are both deaf and blind with:

(A) measured acuities and intellectual and adaptive functioning; or

(B) estimated acuities and intellectual and adaptive functioning supported by a description of pathology.

(2) Students with hearing and visual reductions of a mild to severe degree:

(A) with additional learning or language disabilities that adversely affect educational performance; or 

(B) who have been diagnosed with a chronic or degenerative pathology or a disease that may potentially result in deaf-blindness.

(3) Students with generalized central nervous system dysfunction who: 

(A) exhibit:

(i) auditory and visual impairments; or

(ii) deficits in auditory-visual functioning; and

(B) may demonstrate inconclusive or inconsistent responses:

(i) during hearing and vision assessments; or

(ii) to auditory and visual stimuli in the environment.

(c) A student who is solely deaf-blind is not considered to be a student who has multiple disabilities as defined in section 9 of this rule.

(d) Eligibility for special education as a student who is deaf-blind 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) An assessment of the following:

(A) Current academic achievement as defined at 511 IAC 7-32-2.

(B) Functional skills or adaptive behavior across various environments from multiple sources. 

(C) Communication conducted in the:

(i) language or system utilized for the student's instruction; or

(ii) student's preferred mode of communication; that assesses the student's receptive and expressive language skills.

(D) Functional vision.

(E) Functional literacy as described in 511 IAC 7-42-6(c)(5).

(2) A systematic observation of the student across various environments.

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

(A) Communication skills.

(B) Social interaction skills.

(C) Motor skills.

(D) Responses to sensory experiences.

(E) Relevant family and environmental information.

(4) An assessment of motor skills, including travel skills.

(5) A written report from an optometrist or an ophthalmologist that includes the following:

(A) Etiology and prognosis of the visual dysfunction.

(B) Secondary or accompanying visual conditions, such as nystagmus or photophobia, if appropriate.

(C) Near/distance and corrected/uncorrected acuity measures for left, right, and both eyes, as appropriate.

(D) Measures of visual fields for both eyes, if appropriate.

(E) Recommendations for use of aids, glasses, or lighting requirements, if appropriate.

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

(A) etiology and prognosis of the hearing loss; and

(B) student's potential requirement for amplification, if appropriate.

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

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs.

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