To shed some light to the question what about the child with XYor Z condition that would need actual medical care on a day to day basis at school, there are 2 different laws to protect and help the child the IDEA, which is more an education law and 504 which is a civil rights law.
IDEA, Individuals with Disabilities Education Improvement Act, the US Federal Law (originally written in 1975, then known as P.L. 94-142) that is written to insure that all children with disabilities receive a free and appropriate education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepares then for further education, employment, and independent living......
section 300.34 Related Services
basically defines what related services are
Quote:
| "300.34(a) ....Related services also include school health services and school nurse services,...." |
exceptions are in 300.34(b) and all it's subparts ... (I'm ad-libbing here, not quoting the law) Basically the school is not responsible for medical devices that are surgically implanted specifically saying the school is not responsible for mapping cochlear implants, maintaining or replacing any surgically implanted devices.
It does say that the public agency is responsible to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school;
The last part of that section defines what school health and nurse services are...
Quote:
"300.34(c)(13) School health services and school nurse services
means health services that are designed to enable a child with a disability to receive FAPE as described in he child’s IEP. School nurse services are services
provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. |
(A parent, (term generically used to mean the person making the decisions and acting on behalf of the child) would have a bunch to say in who they felt was a "qualified person" while they were writing an IEP for their child.)
Section 504 of the Rehabilitation Act Rules Regulation who's purpose is to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance
Under subpart E, Section 104.37 Nonacademic services
Quote:
"(a) General.
(1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.
(2) Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies which provide assistance to handicapped persons, and employment of students, including both employment by the recipient and assistance in making available outside employment." |
http://www.tnstep.org/ near the bottom of the page is a link [Read our 2009 Parent Manual and the Implementing Regulations] you can find a copy of IDEA and 504 that you can download in a pdf format, note that there is a section in it that deals directly with the state of TN and their laws so if your searching around the manual be sure what section you are reading from if you aren't from TN because it wouldn't apply to you.
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