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          24:05:24.01:13.  Orthopedic impairment defined. Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

 

          There must be evidence of the following:

 

          (1)  That the student's impaired motor functioning significantly interferes with educational performance;

 

          (2)  That the student exhibits deficits in muscular or neuromuscular functioning that significantly limit the student's ability to move about, sit, or manipulate materials required for learning;

 

          (3)  That the student's bone, joint, or muscle problems affect ambulation, posture, or gross and fine motor skills; and

 

          (4)  That current medical data by a qualified medical evaluator describes and confirms an orthopedic impairment.

 

          Source: 23 SDR 31, effective September 8, 1996; 33 SDR 236, effective July 5, 2007.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-37-1.1.

 


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