A. Eligibility The IDEA requires LEAs to conduct “child find” activities to ensure that children with diabetes are identified, located, and evaluated. ( 20 USC sec. 141 2(a)(3) .) Under the IDEA, a child with diabetes is evaluated for eligibility under one of the 13 categories of disability, including the disability of “other health impaired” (OHI). ( 20 USC sec. 1401(3)(A); 34 CFR sec. 300.8; Cal. Ed. Code sec. 56026; Cal. Code Regs., Tit. 5, sec. 3030 .) The reauthorized IDEA defines “child with disability” in the following way: The term “child with a disability” means a child- (i) with ... other health impairments ... and (ii) who, by reason thereof, needs special education and related services. ( 20 USC sec. 1401(3)(A).) The term “other health impairments” (OHI) is further defined in the recently promulgated regulations as follows: (c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: (9) 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 education environment, that- (i) is due to chronic or acute health problems such as diabetes and (ii) adversely affects a child’s educational performance. Hence, an individualized education program (IEP) team can determine that a child with diabetes is eligible under the disability of OHI because high or low blood glucose levels can cause symptoms giving him/her limited strength, limited alertness, and creating chronic or acute health problems that adversely affect the student’s educational performance. (See Helping the Student with Diabetes Succeed - A Guide for School Personnel , U.S. Department of Health and Human Services, 2003). Fluctuations in blood glucose levels may have an adverse effect on education in a variety of ways, including the effect on concentration, comprehension, and energy levels. It should be noted that the IEP team “must make an individual determination as to whether, notwithstanding the child’s progress in a course or grade, he or she needs or continues to need special education and related services.” ( 34 CFR sec. 300.101(c) .) B. Special Education Defined The IDEA defines “special education” as meaning “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including- (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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