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CONFIDENTIAL. OTHER HEALTH IMPAIRMENT ELIGIBILITY. #1. The OHI form is an evaluation. . Rely on your suspicions:.

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Other health impairment eligibility

CONFIDENTIAL

OTHER HEALTH IMPAIRMENTELIGIBILITY


#1

  • The OHI form is an evaluation.


Rely on your suspicions
Rely on your suspicions:

  • IDEA requires school districts to assess in all areas of suspected disability. 20 U.S.C. § 1414 (b)(3)(B). See also, D.B. v. Bedford County School Board, 54 IDELR 190 (W.D. Va. 2010).


There is a countdown
There is a countdown:

  • The initial evaluation must be conducted and the evaluation report completed within 60 days of receiving parental consent for the evaluation. 34 C.F.R. § 300.301(c)(1)


#2

  • The District needs a doctor.


The district has a right and maybe an obligation to conduct its own medical evaluation
The District has a right (and maybe an obligation) to conduct its own medical evaluation:

  • The Fifth Circuit in Shelby v. Conroe ISD, 454 F.3d 450 (5th Cir. 2006) clearly held that a District has a right to conduct its own evaluation, which includes a medical evaluation.


#3 conduct its own medical evaluation:

  • OHI is everywhere.


The list of conditions is not exhaustive
The list of conditions is not exhaustive: conduct its own medical evaluation:

  • The list of examples of specific acute or chronic health conditions, set forth in the definition of OHI, is not an exhaustive list. (Federal Register, Vol. 71 No. 156, August 14, 2006).


I don t want to believe
I don’t want to believe: conduct its own medical evaluation:

  • “There is nothing in the Act that requires the team… to consider only health problems that are universally recognized by the medical profession,” (Federal Register, Vol. 71 No. 156, August 14, 2006).


Your mission
Your mission: conduct its own medical evaluation:

  • Always seek a release to talk to the physician signing the OHI form

  • Consider the need for additional evaluation


Your mission1
Your mission: conduct its own medical evaluation:

  • Remember that all District evaluations are “free”

  • Diagnosis on OHI form does not constitute eligibility . . . that is for the ARD Committee


Your mission2
Your mission: conduct its own medical evaluation:

  • Teacher input is critical

  • Pay attention to changing diagnoses on updated OHI forms


Your mission3
Your mission: conduct its own medical evaluation:

  • Be careful when using OHI in lieu of a more appropriate eligibility category

  • Make sure needs of child and not eligibility drive the individualized program


Ehouston@sa wabsa com

Don’t self-destruct! conduct its own medical evaluation:

[email protected]


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