| Other Health Disabilities |  | MN Rule 3525.1335
Eligibility Criteria
The team shall determine that a student is eligible and in need of special education instruction and services if the student meets the criteria in items A, B, and C.
A. There is:
(1) written and signed documentation by a licensed physician of a medically diagnosed chronic or acute health condition; or
(2) in the case of a diagnosis of Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder (ADD/ADHD), there is written and signed documentation of a medical diagnosis by a licensed physician. The diagnosis of ADD/ADHD must include documentation that DSM-IV criteria in items A to E have been met. DSM-IV criteria documentation must be provided by either a licensed physician or a mental health or medical professional licensed to diagnose the condition. For initial evaluation, all documentation must be dated within the previous 12 months.
B. In comparison with peers, the health condition adversely affects the student’s ability to complete educational tasks within routine timelines as documented by three or more of the following:
(1) excessive absenteeism linked to the health condition, for example, hospitalizations, medical treatments, surgeries, or illnesses;
(2) specialized health care procedures that are necessary during the school day;
(3) medications that adversely affect learning and functioning in terms of comprehension, memory, attention, or fatigue;
(4) limited physical strength resulting in decreased capacity to perform school activities;
(5) limited endurance resulting in decreased stamina and decreased ability to maintain performance;
(6) heightened or diminished alertness resulting in impaired abilities, for example, prioritizing environmental stimuli; maintaining focus; or sustaining effort or accuracy;
(7) impaired ability to manage and organize materials and complete classroom assignments within routine timelines; or
(8) impaired ability to follow directions or initiate and complete a task.
C. The health condition results in a pattern of unsatisfactory educational progress as determined by a comprehensive evaluation documenting the required components of items A and B. The eligibility findings must be supported by current or existing data from subitems (1) to (5):
(1) an individually administered, nationally normed standardized evaluation of the pupil’s academic performance;
(2) documented, systematic interviews conducted by a licensed special education teacher with classroom teachers and the student’s parent or guardian;
(3) one or more documented, systematic observations in the classroom or other learning environment by a licensed special education teacher;
(4) a review of the student’s health history, including the verification of a medical diagnosis of a health condition; and
(5) records review.
The evaluation findings may include data from: an individually administered, nationally normed test of intellectual ability; an interview with the student; information from the school nurse or other individuals knowledgeable about the health condition of the student; standardized nationally normed behavior rating scales; gross and fine motor and sensory motor measures; communication measures; functional skills checklists; and environmental, social-cultural, and ethnic information reviews.
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