OTHER HEALTH IMPAIRMENT ELIGIBILITY CONFIDENTIAL

#1 The OHI form is an evaluation.

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: 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. § (c)(1)

#2 The District needs a doctor.

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 OHI is everywhere.

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: “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:  Always seek a release to talk to the physician signing the OHI form  Consider the need for additional evaluation

Your mission:  Remember that all District evaluations are “free”  Diagnosis on OHI form does not constitute eligibility... that is for the ARD Committee

Your mission:  Teacher input is critical  Pay attention to changing diagnoses on updated OHI forms

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

Don’t self-destruct!