On March 3, 1999, the U.S. Supreme Court announced its decision in Cedar Rapids Community School District v. Garret F. During the school day, Garret required the services of a specially trained nurse to attend to his health needs. The school district, believing that they were not obligated under the IDEA to provide continuous one-on-one nursing care, refused to provide the services. The Supreme Court held that the school district had to pay for the nursing services Garret required when he was at school. This article analyzes the Supreme Court's ruling in this case and offers recommendations for educators and school administrators regarding the provision of complex health services to medically fragile students in special education.
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References
1.
BartlettL. (2000). Medical services: The disputed related service. Journal of Special Education, 33, 225–234.
2.
Bevin H. v. Wright, 666 F. Supp. 71 (W. D. Pa. 1987).
3.
Cedar Rapids Community School District v. Garret F., 106 F.3d 822 (8th Cir. 1997).
Individuals with Disabilities Education Act of 1997, 20 U.S.C. Section 1401. Individuals with Disabilities Education Act of 1997, 20 U.S.C. Section 1401 (ERIC Document Reproduction Service No. ED 424 722).
10.
Individuals with Disabilities Education Act of 1997 Regulations, 34 C.F.R. § 300 et seq.
11.
Irving Independent School District v. Tatro, 468 U.S. 883 (1984).
12.
LearR. (1995). The extent of public schools' responsibility to provide health-related services. Paper presented to the 16th annual Institute on Legal Issues of Educating Students with Disabilities. Alexandria, VA: LRP Conference Division.
13.
Letter to Anderson, 24 IDELR 180 (OSEP 1996).
14.
Letter to Anonymous, 25 IDELR 531 (OSEP 1996).
15.
Letter to Greer, 19 IDELR 348 (OSEP 1992).
16.
Letter to Rainforth, 17 EHLR 222 (OSEP 1990).
17.
Letter to Shelby, 21 IDELR 61 (OSERS 1994).
18.
MaagJ. W.KatsiyannisA. (1996). Counseling as a related service for students with emotional or behavioral disorders: Issues and recommendations. Behavioral Disorders, 21, 293–305.
19.
Macomb County Intermediate School District v. Joshua S., 715 F. Supp. 824 (E. D. Mich. 1989).
20.
Morton Community Unit School District No. 709 v. J. M., 28 IDELR 614 (7th Cir. 1998).
21.
Neely v. Rutherford County School, 68 F.3d 965 (9th Cir. 1995).
22.
RapportM. J. (1996). Legal guidelines for the delivery of special health care services in school. Exceptional Children, 62, 537–549.
23.
RawlinsP.StephensP. (1992). Medical education liaison: A valuable resource for rural educators. Rural Special Education Quarterly, 11(3), 43–47.
24.
SchnetterV. A. (1986). Manual for special education nurses. Iowa State Department of Education, Des Moines, IA: Division of Instructional Services. (ERIC Document Reproduction Services No. ED 318 153).
25.
SpallerK. D.ThomasS. B. (1994). A timely idea: Third party billing for related services. Education Law Reporter, 86, 581–592.
26.
Supreme Court adopts bright-line test in medical services case (1999, March 12). The Special Educator, 14 (15), 1.
27.
ThomasS. B.HawkeC. (1999). Health-care standards for children with disabilities: Emerging standards and implications. Journal of Special Education, 32, 226–237.
28.
Timothy W. v. Rochester (NH) School District, 875 F.2d 954 (1st Cir. 1989).
29.
TuckerB. P.GoldsteinB. A.SorensonG. (1993). The educational rights of children with disabilities: Analysis, decisions, and commentary. Horsham, PA: LRP.
30.
YellM. L. (1998). The law and special education. Upper Saddle River, NJ: Merrill.
