Definition of Health Impairement
IDEA states that:
Other health impairment (WAC 392-172A-01035 j; i; ii) means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that--
(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
(ii) Adversely affects a child’s educational performance. [§300.8(c)(9)]
Health Impairments mentioned in IDEA’s definition
ADD and AH/HD
Diabetes
Epilepsy
Heart conditions
Hemophilia
Lead Poisoning
Leukemia
Nephritis
Rheumatic fever
Sickle cell anemia
Other Health Impairments Not Mentioned in IDEA’s Definition
Other health impairments can also fall under the umbrella of IDEA’s disability category besides the ones specifically mentioned in the law. The U.S. Department of Education mentions specific other disorders or conditions that may, in combination with other factors, qualify a child for services under IDEA–for example:
fetal alcohol syndrome (FAS),
bipolar disorders,
dysphagia, and
other organic neurological disorders
The reason these weren’t specifically mentioned in IDEA’s regulations? According to the Department:
…because these conditions are commonly understood to be health impairments…The list of acute or chronic health conditions in the definition of other health impairment is not exhaustive, but rather provides examples of problems that children have that could make them eligible for special education and related services under the category of other health impairment. (71 Fed. Reg. at 46550)
Note that the Department uses the phase “could make them eligible”--could, not does. Other aspects (adversely affected educational performance, a child’s evaluation results, state policies) are considered in determining eligibility for services under IDEA, not solely the existence of the disability or condition.
A medical diagnosis is not a necessary, nor by itself a sufficient, criterion for establishing OHI eligibility. A school system may require a medical assessment, but if it does, the school, not the child’s parents, must bear the costs of such an assessment. The finding of a medical condition that causes limited alertness is not enough, however. The condition and diminished alertness caused by the condition must also adversely affect the student’s educational performance
Summary
School officials deciding whether a child qualifies for special education services as OHI can begin by asking the following questions:
1. Does the student have a chronic or acute health problem?
2. Does the student have limited strength, vitality, or alertness? If not, does he or she have heightened alertness to general environmental stimuli?
3. If so, do the student’s limited strength, vitality, or limited alertness reduce his or her alertness in the educational environment? Or does the child’s heightened alertness to the surrounding environment limit his or her alertness to the educational environment? If so, is the limited, or heightened, alertness due to a chronic or acute health problem?
4. If so, is the student’s educational performance adversely affected by the limited alertness?
5. Finally, if so, does the disability create a need for special education services?
Other health impairment (WAC 392-172A-01035 j; i; ii) means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that--
(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
(ii) Adversely affects a child’s educational performance. [§300.8(c)(9)]
Health Impairments mentioned in IDEA’s definition
ADD and AH/HD
Diabetes
Epilepsy
Heart conditions
Hemophilia
Lead Poisoning
Leukemia
Nephritis
Rheumatic fever
Sickle cell anemia
Other Health Impairments Not Mentioned in IDEA’s Definition
Other health impairments can also fall under the umbrella of IDEA’s disability category besides the ones specifically mentioned in the law. The U.S. Department of Education mentions specific other disorders or conditions that may, in combination with other factors, qualify a child for services under IDEA–for example:
fetal alcohol syndrome (FAS),
bipolar disorders,
dysphagia, and
other organic neurological disorders
The reason these weren’t specifically mentioned in IDEA’s regulations? According to the Department:
…because these conditions are commonly understood to be health impairments…The list of acute or chronic health conditions in the definition of other health impairment is not exhaustive, but rather provides examples of problems that children have that could make them eligible for special education and related services under the category of other health impairment. (71 Fed. Reg. at 46550)
Note that the Department uses the phase “could make them eligible”--could, not does. Other aspects (adversely affected educational performance, a child’s evaluation results, state policies) are considered in determining eligibility for services under IDEA, not solely the existence of the disability or condition.
A medical diagnosis is not a necessary, nor by itself a sufficient, criterion for establishing OHI eligibility. A school system may require a medical assessment, but if it does, the school, not the child’s parents, must bear the costs of such an assessment. The finding of a medical condition that causes limited alertness is not enough, however. The condition and diminished alertness caused by the condition must also adversely affect the student’s educational performance
Summary
School officials deciding whether a child qualifies for special education services as OHI can begin by asking the following questions:
1. Does the student have a chronic or acute health problem?
2. Does the student have limited strength, vitality, or alertness? If not, does he or she have heightened alertness to general environmental stimuli?
3. If so, do the student’s limited strength, vitality, or limited alertness reduce his or her alertness in the educational environment? Or does the child’s heightened alertness to the surrounding environment limit his or her alertness to the educational environment? If so, is the limited, or heightened, alertness due to a chronic or acute health problem?
4. If so, is the student’s educational performance adversely affected by the limited alertness?
5. Finally, if so, does the disability create a need for special education services?