WV Policy 2419: Regulations for the Education of Students with Exceptionalities and Other Health Impairments

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1 WV Policy 2419: Regulations for the Education of Students with Exceptionalities and Other Health Impairments Sandra McQuain, Ed.D. Lanai Jennings, Ph.D. Wednesday, September 14, 2011

2 Incidence 6000 West Virginia Number of Students Identified with Other Health Impairments

3 Percent Other Health Impairments (OHI Count/Total SWD Second Month Child Count*100) 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00%

4 Other Health Impairment / Specific Learning Disability Second Month Trend Data , ,

5 Policy 2419 Eligibility Criteria The student exhibits characteristics consistent with the definition; The student has a chronic or acute medical or health condition as diagnosed and described by a licensed physician; and The existence of educational needs as a result of the medical or health condition. The student s condition adversely affects educational performance. The student needs special education.

6 Definition : Other Health Impairment Policy 2419 Other health impairment means having limited strength, vitality or alertness, including heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems. These health problems may include, but are not limited to the following conditions and other commonly understood medical conditions asthma, attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), cancer, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome and stroke to such a degree that it adversely affects the student s educational performance

7 Is a physician's diagnosis required under Policy 2419 for OHI? Yes. It is not required by IDEA, but it is permitted There is nothing in the Act that would prevent a State from requiring a medical evaluation for eligibility under other health impairment, provided the medical evaluation is conducted at no cost to the parent. Comment to 34 CFR 300.8(c)9 Policy 2419: The student has a chronic or acute medical or health condition as diagnosed and described by a licensed physician

8 Diagnosis or Evaluation? Diagnosis does not always equal evaluation Physician should provide basis of the diagnosis and recommendations, ideally directed toward health needs in the educational setting Additional evaluation will be needed: Observations of functioning in school Social/behavior information, including coping with disability Affect on education, not just academics

9 Is sensory integration disorder/sensory processing disorder an other health impairment? Teams must base their determinations on a information from a variety of sources, one of which is a diagnosis by a licensed medical physician. Sensory integration disorder may be a characteristic of a disability, indicating other areas of suspected disability should be evaluated.

10 Is Asperger s Syndrome a health impairment? Children with Asperger s syndrome would typically be found eligible for Autism, provided the eligibility requirements for that category are met. Asperger s syndrome may meet the criteria under an eligibility category other than Autism (for example, Language Impaired) It appears unlikely Asperger s syndrome would fit the description of Other Health Impaired, which is a chronic or acute health problem that results in limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli Eligibility is determined by the EC based on consideration of information from a variety of sources

11 When is a district required to pay for an ADHD evaluation for a student in the referral process? Anytime a student is suspected of having a health impairment, such as ADHD, and is suspected of needing special education services, an initial evaluation is requested: Policy 2419 requires the medical or health condition to be diagnosed and described by a licensed physician District is responsible to obtain and pay for a medical evaluation May use a medical diagnosis/evaluation that was paid for by parent voluntarily and provided to district Evaluation should be sufficiently comprehensive to identify all the child s special education and related service needs. IDEA

12 What about orthopedic impairment? Same criteria as OHI Different definition A severe physical limitation that adversely affects a student s educational performance Congenital anomaly Impairment caused by disease (e.g. polio) Cerebral palsy, amputations, fractures/burns causing contractures

13 Existence of Educational Needs What does the evaluation show the child needs as a result of the medical or health condition? Additional evaluation will be needed: Observations of functioning in school Social/behavior information, including coping with disability Assistive technology needs Affect on education, not just academics Physical education and career technical education

14 Adverse Effect A student need not fail or be retained to demonstrate adverse effect The student must need special education and related services Special education includes more than academics Determined on an individual basis by the Eligibility Committee

15 Special Education Specially designed instruction Conducted in a variety of settings Includes physical education, speech/language services, vocational education and travel training (when it is specially designed) At not cost to parents Meets the unique needs of the student

16 How do you evaluate a child referred for ADHD to determine adverse effect? Requires a comprehensive evaluation Reading Class Momentary Time Sampling How does ADHD impact a student s social skills, adaptive skills, learning, assignment completion rates, etc.? Peer 1 June Peer 2 0 On Task Verbal Off Task Motor Off Task Passive Off Task

17 What if the child needs a related service only? A student who needs a related service but not special education would not be eligible under Policy 2419 The student with an acute or chronic medical or health condition who needs related services only may have a disability as defined by Section 504 Local Section 504 procedures should be followed to consider whether the student has a disability and needs services through a Section 504 plan

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