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

IF 4.3 3区 教育学 Q1 EDUCATION, SPECIAL
Tara Kulkarni, Elizabeth L. Shaver, Thuy Nguyen, Edvin Pepic, Evie M. Harter, Amanda L. Sullivan
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Abstract

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.
什么时候是OHI?对OHI - ADHD资格的判例法判决的回顾
教育工作者、家庭和政策制定者依靠联邦和州的特殊教育法为许多决策过程提供信息。法律规定的模糊资格标准可能导致学区和家长之间的冲突。由此产生的正当程序听证决定可能对未来的实践产生重要影响。一个特别模糊和不一致的领域是残疾类别——其他健康损害——患有注意力缺陷/多动障碍的学生可能符合这一标准。我们检查了考虑到注意缺陷/多动障碍的其他健康损害资格争议案件的结果,包括法官的决定、理由和影响他们决策的因素,以及随时间和地点的趋势。系统的搜索过程产生了202个相关案例,其中大多数法官的判决(67%)支持学区,通常以教育需求或缺乏教育需求为理由。第二个最常见的理由是评估本身被认为是适当的。有专家证人的父母胜诉的可能性几乎是其他人的四倍。我们讨论了对家长、从业者和政策的影响。
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来源期刊
CiteScore
5.90
自引率
14.30%
发文量
22
期刊介绍: Exceptional Children, an official journal of The Council for Exceptional Children, publishes original research and analyses that focus on the education and development of exceptional infants, toddlers, children, youth, and adults. This includes descriptions of research, research reviews, methodological reviews of the literature, data-based position papers, policy analyses, and registered reports. Exceptional Children publishes quantitative, qualitative, and single-subject design studies.
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