Child Find Obligation

Under both federal and CA state law, school districts are under a direct mandate to seek out and provide special education assessment to those children it has any suspicion might need special education services.

School districts sometimes use this mandate incorrectly to withhold special education assessment and services. While it is acceptable for a school district to provide services short of assessment in lieu of special education when it feels there is no evidence to warrant such an assessment, the US Department of Education has stated directly that if there is any significant evidence of the need for special education, a school district must assess.

The Economou Law Group has extensive experience working with parents whose children have not been properly assessed and qualified for special education services. If you feel that your child is not being serviced appropriately, call today at (626) 765-9607 for a consultation.

OHI: Other Health Impairment

There are a wide variety of special education qualification categories defined by the Individual with Disabilities Education Act (IDEA). These include Autism, Speech and Language Impairment, Orthopedic Impairment, Other Health Impairment (OHI), along with many others. OHI is a classification that on the surface is not very descriptive, so with that in mind, we thought it may beneficial to outline the unique needs that this specific category provides for. According to federal law, OHI is described as follows:

Other health impairment 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)]

Students whose educational performance is adversely affected by attention concerns within the classroom based upon one of the above described conditions, such as ADD or ADHD, will qualify for special education support services through the category of OHI. Once a Student has been found eligible for special education support services, the school district will be obligated to create an Individualized Education Program (IEP) that will allow that Student the opportunity to progress within his educational environment.

 The Economou Law Group has extensive experience working with parents whose children have not been properly assessed and qualified for special education services. If you feel that your child is not being serviced appropriately, call today at (626) 765-9607 for a consultation.