New Jersey § 18a:72h-3

§ 18a:72h-3.

As used in this act: a. “ Auditory impairment ” means an inability to hear within normal limits due to a physical impairment or

dysfunction of auditory mechanisms characterized by: (i) deafness, (ii) hearing impairment,

(iii) hardness of hearing, or (iv) deaf-blindness. “ Deaf ” means an auditory impairment is so severe that the individual does not process linguistic

information through hearing, with or without amplification, and the student's educational

performance is adversely affected. “ Hearing impairment ” means an impairment in hearing, whether permanent or fluctuating, which adversely

affects the individual's educational performance. “ Deaf-blind ” means concomitant hearing and visual disabilities, the combination of which causes

such severe communication and other developmental and educational needs that the child

cannot be accommodated in special education programs solely for children with deafness

or children with blindness. b. “ Competent authority ” means any doctor of medicine or any doctor of osteopathy licensed to practice medicine

and surgery in this State. c. (Deleted by amendment, P.L.1994, c. 48 ). d. “ Eligible student ” means any student admitted to a public or independent institution of higher education

who has a visual impairment, auditory impairment or specific learning disability within

guidelines established by the Commission on Higher Education pursuant to regulations

promulgated under P.L.1985, c. 493 ( C.18A:72H-1 et seq. ). e. “ Independent institution of higher education ” means a college or university incorporated and located in New Jersey, which by virtue

of law or character or license is a nonprofit educational institution authorized to

grant academic degrees and which provides a level of education which is equivalent

to the education provided by the State's public institutions of higher education,

as attested by the receipt of and continuation of regional accreditation by the Middle

States Association of Colleges and Schools, and which is eligible to receive State

aid under the provisions of the Constitution of the United States and the Constitution

of the State of New Jersey, but does not include any educational institution dedicated

primarily to the education or training of ministers, priests, rabbis or other professional

persons in the field of religion. f. “ Learning disability ” means a significant barrier to learning caused by a disorder in one or more of the

basic psychological processes involved in understanding or in using language, spoken

or written, which disorder may manifest itself as a disability that affects the ability

to listen, think, speak, read, write, spell, or do mathematical calculations. The disorder includes conditions such as perceptual disability, brain injury, attention

deficit hyperactivity disorder, dyslexia, and developmental aphasia. This term shall not include learning problems which are primarily the result of

visual, hearing, or motor disabilities, intellectual disabilities, emotional disturbances,

or environmental, cultural, or economic disadvantage. g. “ Program ” means the Higher Education Services Program for Students with Visual Impairments,

Auditory Impairments, and Learning Disabilities established pursuant to this act. h. “ Public institution of higher education ” means Rutgers, The State University, the New Jersey Institute of Technology, Rowan

University, Montclair State University, Kean University, the State colleges and the county colleges. i. “ Support services ” or “ supportive services ” means services that assist eligible students in obtaining a college education and

include, but are not limited to, interpreters, note takers, and tutors. j. “ Visual impairment ” means when an individual's better eye with correction does not exceed 20 / 200 or where there is a field defect in the better eye in which the diameter of the field

is no greater than 20 degrees.