Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

Special Education Rights

IEP for Orthopedic Impairment: Rights, Services, and Advocacy

Q: What is adapted physical education?

Adapted physical education (APE) is a specially designed program of physical activity for students with disabilities who cannot participate in regular PE. It is a required special education service under IDEA and must be included in the IEP if the student needs it.

Children with physical disabilities have the right to a free appropriate public education. Here's how orthopedic impairment qualifies under federal law and what belongs in an IEP.

Meghan Moore, BCBA, M.A. Special Education

How IDEA Defines Orthopedic Impairment

Under IDEA, orthopedic impairment is defined as a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by:

Congenital anomaly (e.g., clubfoot, absence of a limb)
Disease (e.g., bone tuberculosis, poliomyelitis)
Other causes (e.g., cerebral palsy, amputations, fractures or burns that cause contractures)

The key is that the impairment adversely affects educational performance. Physical differences that do not affect how the child accesses or benefits from education may not qualify under this category, though the child might still qualify under Other Health Impairment or receive supports through a 504 plan.

Common Conditions That Qualify

Cerebral palsy
Spina bifida
Muscular dystrophy
Limb differences or amputations
Scoliosis (severe cases)
Osteogenesis imperfecta (brittle bone disease)
Juvenile arthritis
Spinal cord injury

What Services the IEP Should Include

An IEP for orthopedic impairment addresses both access to the school environment and educational needs that arise from the physical impairment.

Related Services

Physical therapy: mobility, strength, motor skills, positioning
Occupational therapy: fine motor skills, self-care, handwriting, adaptive equipment use
Assistive technology: communication devices, adapted keyboards, voice recognition software, adapted tools for writing or drawing
Accessible transportation: specialized bus or vehicle if needed
Orientation and mobility: if the child has difficulty navigating the school environment

Adapted Physical Education

Physical education is the only curricular area specifically mentioned in IDEA as a required special education service. If your child cannot participate in general PE, the IEP must include adapted physical education (APE) goals and services. APE is provided by a specialist and can include activities designed for the child's physical abilities and goals.

Environmental Accommodations

The IEP should address how the child accesses the physical school environment:

Elevator access and accessible routes between classes
Accessible restrooms and changing facilities
Positioning accommodations in the classroom (adjustable desks, seating modifications)
Assistance with materials, lunch, or other activities as needed
Extra time between classes for mobility

Health Plans and the IEP

Some children with orthopedic impairment need health-related support during the school day, such as catheterization, medication administration, or physical repositioning. These can be addressed in a health plan attached to or incorporated into the IEP. Make sure school staff are trained in any health procedures your child needs, and that training is documented.

Assistive Technology Evaluation

IDEA requires the IEP team to consider whether a student needs assistive technology. For children with orthopedic impairment, an AT evaluation should be completed by a qualified specialist. AT can include low-tech solutions (pencil grips, slant boards) and high-tech devices (electronic communication devices, powered wheelchairs, voice-to-text software).

Request a comprehensive AT evaluation if your child has difficulty accessing academic tasks or communicating due to physical limitations. The school must provide the AT at no cost if the IEP team determines it is needed.

Transition Planning

Beginning at age 16 (or younger in some states), the IEP must include transition planning focused on postsecondary goals. For students with orthopedic impairment, transition planning should address independent living skills, accessible postsecondary education, vocational training, and community participation. Make sure transition services address the specific physical access needs your child will face after high school.

Frequently Asked Questions

What is the IDEA definition of orthopedic impairment?

IDEA defines orthopedic impairment as a severe orthopedic impairment that adversely affects educational performance. It includes impairments caused by congenital anomaly, disease, or other causes such as cerebral palsy, amputations, and fractures or burns that cause contractures.

What services does a child with orthopedic impairment receive through an IEP?

Services commonly include physical therapy, occupational therapy, assistive technology, accessible transportation, adapted physical education, and specialized instruction. The IEP must address how the physical impairment affects access to education.

Does a child with orthopedic impairment need both an IEP and a 504 plan?

No. A child with an IEP under the orthopedic impairment category already has rights under IDEA, which are more comprehensive than Section 504. The IEP can include all necessary accommodations and services.

What is adapted physical education?

Adapted physical education is a specially designed program of physical activity for students who cannot participate in regular PE. It is a required special education service under IDEA and must be included in the IEP if the student needs it.