DHH Eligibility

Eligibility for Special Education under designation of Deaf or Hard of Hearing

The Michigan Administrative Rules for Special Education (MARSE) define eligibility for special education services within thirteen categories of disability.

R 340.1702 Student with a disability defined.

Rule 2. “Student with a disability” means a person who is determined by an individualized education program team or a hearing officer to have 1 or more of the impairments specified in this part that necessitates special education or related services, or both, who is not more than 25 years of age as of September 1 of the school year of enrollment, who has not completed a normal course of study, and who has not graduated from high school. A student who reaches the age of 26 years after September 1 is a “student with a disability” and entitled to continue a special education program or service until the end of that school year.

R 340.1707 Deaf or Hard of Hearing; determination.

Rule 7. (1)The term “deaf or hard of hearing” refers to students with any type or degree of hearing loss that interferes with development or adversely affects educational performance. “Deafness” means a hearing loss that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification. The term “hard of hearing” refers to students who have permanent or fluctuating hearing loss that is less severe than the hearing loss of students who are deaf and that Michigan Administrative Rules for Special Education With Related IDEA Federal Regulations 31 generally permits the use of the auditory channel as the primary means of developing speech and language skills.
(2) A determination of impairment must be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include an audiologist and an otolaryngologist or otologist.

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