School nurse Q

IEP FAQs: Do Nursing Services Belong in the IEP?

https://www.wrightslaw.com/blog/iep-faqs-do-nursing-services-belong-in-the-iep/

My child is in a wheelchair and needs a catheter. The school wants to train an aide to catheterize my child. 

This is a medical procedure. Doesn't a school nurse need to do this procedure? Does it belong in the IEP? 

ANSWER #1

Does the child need this procedure to attend school?

If the school won't provide a nurse to do this procedure, the child can't attend school. The school isn't providing a free appropriate education (FAPE).

School nurse services are a related service (§1401 (26)) and should be listed in the child’s IEP (§1414 (d)(1)(A)).

The Commentary to the federal regulations (p.46571) says “The public agency also is responsible for providing services necessary to maintain the health and safety of a child while the child is in school, with breathing, nutrition, and other bodily functions (e.g., nursing services, suctioning a tracheotomy, urinary catheterization) if these services can be provided by someone who has been trained to provide the service and are not the type of services that can only be provided by a licensed physician.”
https://www.wrightslaw.com/idea/comment/46547-46579.reg.001-100.definitions.pdf


Jessica: There are many MANY cases about school districts refusing to provide school nurse services to children with disabilities who can't attend school or receive a FAPE unless they receive these services. Schools continue to ignore these cases unless parents take the time to learn about them as part of their advocacy for their children.

The U.S. Supreme Court has issued two decisions about school nurse services. Both support your position. 

I suggest you make copies of the two cases and include them as attachments to a letter to the school principal, the Director of Special Ed, and your school district Superintendent. If necessary, you may need to send copies of your letter and the cases to your school board and/or State Department of Education. 

You can use the text of the question you posted on the blog as the basis of your letter. * 

WRIGHTSLAW RULE: SCHOOLS ARE  BUREAUCRACIES. AN EMAIL DOES NOT HAVE THE POWER OF A LETTER *

The first case, Irving Independent Sch. Dist. v. Amber Tatro, was published in 1984 ... so it has been out there for decades. The issue in Tatro is catheterization (CIC).

https://www.wrightslaw.com/law/caselaw/ussupct.tatro.htm

The Supreme Court held that CIC is a medical procedure. A treatment like CIC is a medical procedure that the school is required to provide because the child needs it to receive a FAPE. School nursing is a related service and should be listed in the child's IEP. 

 The second case, Cedar Rapids v. Garret F., was on behalf of a Garret F., a child who was paralyzed in an accident when he was four years old. 
https://www.wrightslaw.com/law/caselaw/ussupct.garret.htm

In 1999, the Supreme Court issued a favorable decision and held that: 

    "This case is about whether meaningful access to the public schools will be assured ...It is undisputed that the services at issue must be provided if Garret is to remain in school."

    "Congress intended to open the door of public education to all qualified children and required participating states to educate handicapped children with non-handicapped children whenever possible.''

After the Court issued the decision in Garret F.'s case, we wrote 
"Supreme Court Says, 'Congress Intended to Open the Door to All Qualified Children.' "  https://www.wrightslaw.com/info/relsvcs.garretf.htm

After you read the article, you will know what the law says and what Courts have held. You will be in a stronger position to make your case to your local school officials, your school board, and perhaps in a complaint to your State Department of Education.