Other health impairment eligibility
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OTHER HEALTH IMPAIRMENT ELIGIBILITY PowerPoint PPT Presentation


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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

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Other health impairment eligibility

CONFIDENTIAL

OTHER HEALTH IMPAIRMENTELIGIBILITY


Other health impairment eligibility

#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)


Other health impairment eligibility

#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.


Other health impairment eligibility

#3

  • OHI is everywhere.


The list of conditions is not exhaustive

The list of conditions is not exhaustive:

  • 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:

  • “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:

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

  • Consider the need for additional evaluation


Your mission1

Your mission:

  • 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:

  • Teacher input is critical

  • Pay attention to changing diagnoses on updated OHI forms


Your mission3

Your mission:

  • 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!

[email protected]


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