Current through Register Vol. 49, No. 27, December 30, 2024
Subpart
1.
Definition.
"Deaf and hard of hearing" means a diminished sensitivity to
sound, or hearing loss, that is expressed in terms of standard audiological
measures.
Hearing loss has the potential to affect educational,
communicative, or social functioning that may result in the need for special
education instruction and related services.
Subp. 2.
Criteria.
A pupil who is deaf or hard of hearing is eligible for
special education instruction and related services if the pupil meets one of
the criteria in item A and one of the criteria in item B, C, or D.
A. There is audiological documentation
provided by a certified audiologist that a pupil has one of the following:
(1) a sensorineural hearing loss with an
unaided pure tone average, speech threshold, or auditory brain stem response
threshold of 20 decibels hearing level (HL) or greater in the better
ear;
(2) a conductive hearing loss
with an unaided pure tone average or speech threshold of 20 decibels hearing
level (HL) or greater in the better ear persisting over three months or
occurring at least three times during the previous 12 months as verified by
audiograms with at least one measure provided by a certified
audiologist;
(3) a unilateral
sensorineural or persistent conductive loss with an unaided pure tone average
or speech threshold of 45 decibels hearing level (HL) or greater in the
affected ear; or
(4) a
sensorineural hearing loss with unaided pure tone thresholds at 35 decibels
hearing level (HL) or greater at two or more adjacent frequencies (500 hertz,
1000 hertz, 2000 hertz, or 4000 hertz) in the better ear.
B. The pupil's hearing loss affects
educational performance as demonstrated by:
(1) a need to consistently use amplification
appropriately in educational settings as determined by audiological measures
and systematic observation; or
(2)
an achievement deficit in basic reading skills, reading comprehension, written
language, or general knowledge that is at the 15th percentile or 1.0 standard
deviation or more below the mean on a technically adequate norm-referenced
achievement test that is individually administered by a licensed
professional.
C. The
pupil's hearing loss affects the use or understanding of spoken English as
documented by one or both of the following:
(1) under the pupil's typical classroom
condition, the pupil's classroom interaction is limited as measured by
systematic observation of communication behaviors; or
(2) the pupil uses American Sign Language or
one or more alternative or augmentative systems of communication alone or in
combination with oral language as documented by parent or teacher reports and
language sampling conducted by a professional with knowledge in the area of
communication with persons who are deaf or hard of hearing.
D. The pupil's hearing loss
affects the adaptive behavior required for age-appropriate social functioning
as supported by:
(1) documented systematic
observation within the pupil's primary learning environments by a licensed
professional and the pupil, when appropriate; and
(2) scores on a standardized scale of social
skill development are below the average scores expected of same-age
peers.
Statutory Authority: MS s
14.389; 120.17;
L
1999 c 123
s
19
