FAPE: CHILD DENIED RETURN TO SCHOOL BY SCHOOL NURSE

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Erika:  My son has a bone infection; he requires a PICC line with his antibiotics 24/7 for the next 6 weeks. He has been cleared to return to school since the day after he was released from the hospital. The nursing staff has filled out forms for my son’s school four times, but he still not allowed to return to school (he’s been out for a week and now going on two weeks). Is this legal, does the school district nurse have the right to keep a student out even though his specialist has already cleared him to return to school? Please help…

  1. If it is a temporary medical concern, the student can either have a temporary 504… Or a temporary individual healthcare plan. He’s good to come to school with a doctors note stating “may return to school”…. And he should be good to come to school in a few days after a temporary care plan is developed re: activities & functions & picc line safety. The nurse will also need specific clearance or restriction depending on the issues such as, does he need temporary accommodations if arm or legs are affected? This is needed to ensure the student’s safety & legalities.

  2. Staff above the campus level need to get involved. You do not indicate if the child is covered by IDEA or Section 504. You can get the state education agency or the Office of Civil Rights involved if the district continues to keep him out.

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