| Evaluations, Reevaluations and Eligibility Determinations |
| USDOE Comments: C.F.R. 300.8(c)(3) Deafness. |
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Comment: One commenter stated that children who are hard of hearing are
often denied special education and related services because the
definition of deafness includes the phrase, ‘‘adversely affects a
child’s educational performance,’’ which school district personnel
interpret to mean that the child must be failing in school to receive
special education and related services. Discussion: As noted in the Analysis of Comments and Changes section discussing subpart B, we have clarified in § 300.101(c) that a child does not have to fail or be retained in a course or grade in order to be considered for special education and related services. However, in order to be a child with a disability under the Act, a child must have one or more of the impairments identified in section 602(3) of the Act and need special education and related services because of that impairment. Given the change in § 300.101(c), we do not believe clarification in § 300.8(c)(3) is necessary. Changes: None. |