IDEA Appendix B (continued)

Continuing to quote from Appendix B at 300.7 (Child with a Disability):

"There is no requirement under these regulations that a medical evaluation be conducted to accomplish these assessments. Even if a State requires that a medical evaluation be included as part of all evaluations to determine eligibility for the other health impairment category, it must also ensure that any necessary evaluations by other professionals, such as psychologists, are conducted and considered as part of the eligibility determination process. Whether or not public agencies will be required to conduct an additional evaluation for a child with ADD/ADHD under other health impairment once the child has been evaluated and has qualified under another disability category will depend on whether sufficient evaluation information exists to enable school district officials to ensure, consistent with 300.532(g), that each child is assessed in all areas of suspected disability."...

"Even if a state requires that a medical evaluation be included as part of all evaluations to determine eligibility for the other health impairment category, it must also ensure that any necessary evaluations by other professionals, such as psychologists, are conducted and considered as part of the eligibility determination process. Whether or not public agencies will be required to conduct an additional evaluation for a child with ADD/ADHD under other health impairment once the child has been evaluated and has qualified under another disability category will depend on whether sufficient evaluation information exists to enable school district officials to ensure, consistent with 300.532(g), that each child is assessed in all areas of suspected disability."

So, if your state requires a medical diagnosis to qualify for all Other Health Impairment categories, the district then has the responsibility to have all areas of suspected disability evaluated by other professionals such as psychologists. When they have this requirement, they must also pay for all such evaluations.

You are required to let the district do its testing. Then, if you disagree with the testing results and they do not really describe your child as you know him or her, you have the right to ask the district for an independent evaluation at district expense. You would certainly want to specify in writing that you expect the district to pay. Otherwise, you might see the district arrange the testing and you would be billed for it.

Keep in mind I am an advocate, but not a lawyer. If you feel the need for legal advice be sure to find one who specializes in Special Education Law.

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