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U.S. Department of Education: Promoting Educational Excellence for all Americans

Deafness (Sec. 300.8(c)(3))

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 Sec. 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 Sec. 300.101(c), we do not believe clarification in Sec. 300.8(c)(3) is necessary.

Changes: None.