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Let’s Talk About: Orthopedic Impairment (OI) Eligibility

  • Writer: Dr. Mary Jo Ray-Jewett
    Dr. Mary Jo Ray-Jewett
  • Jun 10, 2024
  • 2 min read
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Defined by the IDEA in section 34 C.F.R § 300.8(c)(8), Orthopedic Impairment (OI) refers to a child whose severe orthopedic impairments adversely affect their educational performance. The key phrase here is “adversely affect their educational performance.” A student may have an OI, but if that impairment does not negatively impact their education, they will not be found eligible for Special Education. 


OI includes impairments caused by congenital anomalies (e.g., deformity or absence of a limb(s), impairment caused by disease (poliomyelitis, osteogenesis imperfecta, muscular dystrophy, bone tuberculosis, etc.), impairment from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). A secondary disability may be present, such as visual impairment, hearing impairment, communication impairment, and/or intellectual disability. 


The school’s evaluation must include:

  1. A current (within one year) medical evaluation from a licensed medical doctor. The evaluation must indicate the diagnosis and prognosis of the child’s OI. Also, medications, surgeries, special health care procedures, and special diet or activity restrictions should be included. 

  2. A comprehensive educational assessment indicating the adverse effects of the OI on the student’s educational performance. 

  3. Assessments documenting deficits in pre-academic or academic functioning, social/emotional development, adaptive behavior, motor development, or communication abilities resulting from the orthopedic impairment. 


There is an extra stipulation, though: the student served in a program for OI can be no lower than the criteria for mild intellectual disabilities (intellectual functioning between 70-55). An OI student can have a mild ID, average IQ, or be gifted in intelligence. However, a student with an IQ below 55 is served in another program area. For OI children served in an alternate placement, support from the OI teacher may be appropriate. 


 
 
 

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