Or. Admin. R. 581-015-2165

Current through Register Vol. 63, No. 6, June 1, 2024

Section 581-015-2165 - Other Health Impairment

(1) Definition of "Other Health Impairment": For early childhood and school age special education, "Other Health Impairment" means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that:

(a) Is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette's syndrome or diabetes); and

(b) Adversely affects a child's educational performance.

(2) Comprehensive Evaluation: If a child is suspected of having an other health impairment, a comprehensive evaluation must be conducted for early childhood or school age special education services, including the following:

(a) Medical examination. Documentation of a medical examination as defined in OAR 581-015-2000, indicating a diagnosis of a health impairment or a description of the impairment, and a statement that the child's condition is permanent or is expected to last for more than 60 calendar days;

(b) Other:

(A) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's educational performance for a child age 5 to 21; or

(ii) On the child's developmental progress for a child age 3 to 5; and

(B) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an other health impairment for early childhood or school age special education services, the child must meet all of the minimum criteria:

(a) The child exhibits limited strength, vitality or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment;

(b) The child's limited strength, vitality or alertness is due to a chronic or acute health problem; and

(c) The child's condition is permanent or expected to last for more than 60 calendar days.

(4) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with an other health impairment, the eligibility team must also determine that:

(a) The child has an other health impairment as defined in this rule; and

(b) By reason thereof, the child requires early childhood special education (OAR 581-015-2795) or school age special education (OAR 581-015-2120) services.

Or. Admin. R. 581-015-2165

1EB 29-1978, f. & ef. 7-20-78; 1EB 18-1983(Temp), f. & ef. 12-20-83; Reverted to 1EB 29-1978, f. & ef. 7-20-78; 1EB 7-1986, f. & ef. 2-24-86; EB 25-1991(Temp), f. & cert. ef. 11-29-91; EB 16-1992, f. & cert. ef. 5-13-92; EB 22-1995, f. & cert. ef. 9-15-95; ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00; ODE 8-2001, f. & cert. ef. 1-29-01; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0051(8), ODE 10-2007, f. & cert. ef. 4-25-07; ODE 10-2023, amend filed 03/29/2023, effective 3/29/2023

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;

Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306