Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 8.
(a) A
language or speech impairment is characterized by one (1) of the following
impairments that adversely affects the student's educational performance:
(1) Language impairments in the comprehension
or expression of spoken or written language resulting from organic or
nonorganic causes that are nonmaturational in nature. Language impairments
affect the student's primary language systems, in one (1) or more of the
following components:
(A) Word
retrieval.
(B) Phonology.
(C) Morphology.
(D) Syntax.
(E) Semantics.
(F) Pragmatics.
(2) Speech impairments that may include
fluency, articulation, and voice disorders in the student's speaking behavior
in more than one (1) speaking task that are nonmaturational in nature,
including impairments that are the result of a deficiency of structure and
function of the oral peripheral mechanism.
(b) A student is not eligible for special
education and related services as a student with a language or speech
impairment solely because the student's native language is not English.
Bilingual or multilingual speakers include students whose speech or language
patterns:
(1) deviate from those of standard
English; and
(2) are characteristic
of dialectical differences.
A student who is bilingual or multilingual may be a student
with a language or speech impairment only if the impairment is exhibited in all
languages spoken by the student.
(c) Students who are deaf or hard of hearing
or students with specific learning disabilities, who have language deficits or
auditory processing difficulties, are not eligible for services designed solely
for students with language impairments in lieu of services designed for:
(1) students who are deaf or hard of hearing;
or
(2) students with specific
learning disabilities.
(d) Severe language or speech impairments may
require the use of augmentative communication systems, such as:
(1) gestures;
(2) signed language;
(3) communication books or boards;
(4) electronic devices; or
(5) other systems determined by the student's
CCC.
(e) Eligibility for
special education as a student with a language impairment 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) Progress in the general
education curriculum that includes an analysis of any interventions used to
address the academic concerns leading to the referral for the educational
evaluation.
(B) Current academic
achievement as defined at
511 IAC
7-32-2.
(2) A social and developmental history that
may include, but is not limited to, the following:
(A) Communication skills.
(B) Social interaction skills.
(C) Responses to sensory
experiences.
(D) Relevant family
and environmental information.
(3) An observation of the student in the
student's learning environment to document the student's academic performance
in the area or areas of difficulty. The multidisciplinary team:
(A) may use information from an observation
in routine classroom instruction and monitoring of the student's performance
that was done before the student was referred for an educational evaluation;
or
(B) have at least one (1) member
of the multidisciplinary team, other than the student's general education
teacher, conduct an observation of the student's academic performance in the
general education classroom after the child has been referred for an
educational evaluation and parental consent for the educational evaluation has
been obtained. In the case of a student of less than school age or out of
school, a team member must observe the student in an environment appropriate
for a student of that age.
(4) Available medical information that is
educationally relevant.
(5) Any
other assessments and information, collected prior to referral or during the
educational evaluation, necessary to:
(A)
address the exclusionary factors listed in subsections (b) and (c);
(B) determine eligibility for special
education and related services; and
(C) inform the student's CCC of the student's
special education and related services needs.
(f) Eligibility for special education as a
student with a speech impairment 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) The student's skills in:
(i) articulation;
(ii) fluency; and
(iii) voice.
(B) Current academic achievement as defined
at
511 IAC
7-32-2.
(2) A social and developmental history that
may include, but is not limited to, the following:
(A) Communication skills.
(B) Social interaction skills.
(C) Oral motor skills.
(D) Responses to sensory
experiences.
(E) Relevant family
and environmental information.
(3) At least one (1) observation of the
student's speech completed by a speech and language pathologist.
(4) If an organic cause is the suspected
cause of the speech impairment, a statement from a physician with an unlimited
license describing:
(A) the student's medical
needs; and
(B) any consequent
limitations to communication training.
(5) Available medical information that is
educationally relevant.
(6) Any
other assessments and information, collected prior to referral or during the
educational evaluation, necessary to:
(A)
address the exclusionary factors listed in subsection (b);
(B) determine eligibility for special
education and related services; and
(C) inform the student's CCC of the student's
special education and related services needs.
