When Is It OHI? A Review of Case Law Decisions for OHI - ADHD Eligibility

Educators, families, and policy actors rely on federal and state special education law to inform many decision-making processes. Vague eligibility criteria within the laws can result in conflict between school districts and parents. Resulting due process hearing decisions can have important implications for future practice. One area of particular ambiguity and inconsistency is the disability category—other health impairment—for which students with attention-deficit/hyperactivity disorder may qualify. We examined outcomes of cases regarding disputes about eligibility for other health impairment where attention-deficit/hyperactivity disorder was considered, including judges’ decisions, rationales, and factors influencing their decision-making, as well as trends over time and location. The systematic search process yielded 202 relevant cases wherein the majority of judges’ decisions (67%) were in favor of the school district, often citing educational need, or lack thereof, in their rationale. The second most common rationale was the evaluation itself being deemed (in)appropriate. Parents who had an expert witness were almost four times more likely to prevail in their cases. We discuss implications for parents, practitioners, and policy.