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Subpart 1.


"Other health disability" means having limited strength, endurance, vitality, or alertness, including a heightened or diminished alertness to environmental stimuli, with respect to the educational environment that is due to a broad range of medically diagnosed chronic or acute health conditions that adversely affect a pupil's educational performance.

Subp. 2.


The team shall determine that a pupil is eligible and in need of special education instruction and services if the pupil meets the criteria in items A and B.


There is:


written and signed documentation by a licensed physician of a medically diagnosed chronic or acute health condition; or


in the case of a diagnosis of Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder (ADD or ADHD), there is written and signed documentation of a medical diagnosis by a licensed physician, an advanced practice nurse, or a licensed psychologist. The diagnosis of ADD or ADHD must include appropriate documentation using DSM criteria that items A to E have been met. DSM 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.


In comparison with peers, the health condition adversely affects the pupil's ability to complete educational tasks within routine timelines as documented by three or more of the following:


excessive absenteeism linked to the health condition, for example, hospitalizations, medical treatments, surgeries, or illnesses;


specialized health care procedures that are necessary during the school day;


medications that adversely affect learning and functioning in terms of comprehension, memory, attention, or fatigue;


limited physical strength resulting in decreased capacity to perform school activities;


limited endurance resulting in decreased stamina and decreased ability to maintain performance;


heightened or diminished alertness resulting in impaired abilities, for example, prioritizing environmental stimuli; maintaining focus; or sustaining effort or accuracy;


impaired ability to manage and organize materials and complete classroom assignments within routine timelines; or


impaired ability to follow directions or initiate and complete a task.

Subp. 3.


The health condition results in a pattern of unsatisfactory educational progress as determined by a comprehensive evaluation documenting the required components of subpart 2, items A and B. The eligibility findings must be supported by current or existing data from items A to E:


an individually administered, nationally normed standardized evaluation of the pupil's academic performance;


documented, systematic interviews conducted by a licensed special education teacher with classroom teachers and the pupil's parent or guardian;


one or more documented, systematic observations in the classroom or other learning environment by a licensed special education teacher;


a review of the pupil's health history, including the verification of a medical diagnosis of a health condition; and


records review.

The evaluation findings may include data from: an individually administered, nationally normed test of intellectual ability; an interview with the pupil; information from the school nurse or other individuals knowledgeable about the health condition of the pupil; standardized, nationally normed behavior rating scales; gross and fine motor and sensory motor measures; communication measures; functional skills checklists; and environmental, socio-cultural, and ethnic information reviews.

Statutory Authority:

MS s 14.389; 120.17; L 1999 c 123 s 19,20; L 2014 c 312 art 17 s 12


16 SR 1543; L 1998 c 397 art 11 s 3; 26 SR 657; 39 SR 1168

Published Electronically:

February 10, 2015

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569