Skip to main content

Disability Conditions and Eligibility Definitions

The IDEA and Texas Administrative Code (TAC) provide explanations of the criteria for disability condition determination. Click on the disability condition below to view the federal and state eligibility definitions.

Click on a topic for more information (each topic opens a pdf file).

Students with Visual Impairments: Eligibility for Special Education
The Students with Visual Impairments Eligibility guidance document provides information about determining the presence of the VI disability and educational need. Additional questions and references are also included.
Deaf and Hard of Hearing Students: Eligibility for Special Education
The DHH Students Eligibility guidance document provides information about determining the presence of the DHH disability and educational need. Frequently asked questions are also included.
TEA Sensory Impairments and Specific Learning Disabilities
This guidance document from TEA provides the eligibility definitions of sensory impairments and specific learning disability; defines the meaning of “not primarily the result of”; and considerations when evaluating a student with sensory impairment for potential learning disability.

Eligibility Determination

Upon completion of the evaluation, the admission, review and dismissal (ARD) committee will determine whether or not the child is a child with a disability and the educational needs of the child. The local education agency (LEA) will provide a copy of the evaluation report and documentation of the ARD committee meeting to the parent at no cost.

 

34 CFR, §300.306 Determination of eligibility

  1. General. Upon completion of the administration of assessments and other evaluation measures—
    1. A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in §300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and
    2. The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
  2. Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part—
    1. If the determinant factor for that determination is—
      1. Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (December 9, 2015));
      2. Lack of appropriate instruction in math; or
      3. Limited English proficiency; and
    2. If the child does not otherwise meet the eligibility criteria under §300.8(a).
  3. Procedures for determining eligibility and educational need. 
    1. In interpreting evaluation data for the purpose of determining if a child is a child with a disability under §300.8, and the educational needs of the child, each public agency must—
      1. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and
      2. Ensure that information obtained from all of these sources is documented and carefully considered.
    2. If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§300.320 through 300.324.