26 Tex. Admin. Code § 350.813 - Deaf or Hard of Hearing

(a) The interdisciplinary team may not determine a child ineligible if the child is suspected to be deaf or hard of hearing until all evaluations and assessments required in this section have been completed and reviewed by the interdisciplinary team.
(b) The interdisciplinary team must determine any need for further hearing testing by analyzing risk factors and evaluation results during every evaluation to determine eligibility.
(1) Evaluation results must include the items listed in §350.809 (relating to Initial Eligibility Criteria).
(2) A hearing screening tool may be used when an evaluation tool is not administered for a child who is eligible based on a medical diagnosis or a child who meets the criteria of having a visual impairment as defined by 19 TAC § 89.1040 (relating to Eligibility Criteria).
(c) The subrecipient must refer the child to a licensed audiologist if the child has been identified as having a need for further hearing testing and the child has not had a hearing test within the six months prior to identifying the need.
(1) If necessary to access a licensed audiologist, the subrecipient may refer the child to the child's primary health care provider.
(2) The referral must be made:
(A) within five working days; and
(B) with parental consent.
(d) If the subrecipient receives a hearing test that indicates the child is deaf or hard of hearing or receives documentation that the child has a medical condition that has a high probability of resulting in a developmental delay and sensory impairment, the subrecipient mustenroll the child and make a referral to the LEA.
(1) The referral must be made within five business days after the subrecipient receives:
(A) the hearing test, in which case the referral must include results of the hearing test; or
(B) documentation indicating the child has a medical condition that has a high probability of resulting in a developmental delay and sensory impairment.
(2) Per 20 USC § 1232g(b)(1)(A), parental consent is not required for this referral, but the parent must be notified that the referral is being made.
(3) If the child has not been tested by an audiologist, the subrecipient must assist the family in obtaining a hearing test and send the test results to the LEA within five business days of receiving the hearing test.
(e) The subrecipient must refer any child who uses amplification to the LEA.
(f) The Certified Teacher of the Deaf and Hard of Hearing from the LEA participates in the service planning process as part of the interdisciplinary team and, with written parental consent, completes any necessary evaluations.

Notes

26 Tex. Admin. Code § 350.813
The provisions of this §108.813 adopted to be effective September 1, 2013, 38 TexReg 5524; amended by Texas Register, Volume 40, Number 09, February 27, 2015, TexReg 949, eff. 3/7/2015; amended by Texas Register, Volume 41, Number 02, January 8, 2016, TexReg 499, eff. 1/10/2016; amended by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3289, eff. 6/30/2019; entire chapter transferred from Title 40, Part 2, Chapter 208 by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0941, eff. 3/1/2021; Amended by Texas Register, Volume 50, Number 06, February 7, 2025, TexReg 0782, eff. 2/13/2025

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