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Minnesota Administrative Rules

3525.1331 DEAF AND HARD OF HEARING.

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

History:

16 SR 1543; L 1998 c 397 art 11 s 3; 24 SR 1799

Published Electronically:

October 12, 2007

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569