The Individuals with Disabilities Education Act includes school health services in a list of possible related services. The rising costs associated with education and the request for more extensive and costly services by children who have special health care needs have made the delivery of these services in schools as part of free, appropriate public education increasingly controversial. An examination of relevant documents and court decisions from the past 10 years provides insight into congressional intent, federal regulations, and local implementation of service delivery related to children with extensive health care needs.
Get full access to this article
View all access options for this article.
References
1.
Assistance to States for the Education of Children with Disabilities Program Rule, C.F.R., Title 34, Part 300 (1992).
2.
v. WrightBevin H., 666 F. Supp. 71 (W.D. Pa. 1987).
3.
CaldwellT. H.SirvisB. (1991). Students with special health conditions: An emerging population presents new challenges. Preventing School Failure, 35(3), 13–18.
4.
Caledonia Public Schools, 19 IDELR 1125 (SEA Mich. 1993).
5.
Cedar Rapids Community School District, 22 IDELR 278 (SEA Iowa 1994).
6.
CzajaC. F. (1990, April). An approach to multi-level planning and policy for children who are medically fragile and profoundly retarded. Paper presented at the annual meeting of The Council for Exceptional Children, Toronto, Canada. (ERIC Document Reproduction Service No. ED 324 864).
7.
Department of Education, Hawaii v. Katherine D., 727 F.2d 809 (9th Cir. 1983); certiorari denied, 471 U.S. 1117 (1985).
8.
Detsel v. Board of Education of the Auburn Enlarged City School District, 637 F. Supp. 1022 (N.D.N.Y. 1986); affirmed 820 F.2d 587 (2d Cir. 1987); certiorari denied, 484 U.S. 981 (1987).
9.
Education of All Handicapped Children Act (EAHCA), U.S.C., Title 20, 1400 et seq. (1975).
10.
Ellison v. Board of Education of the Three Village Central School District, 597 N.Y.S.2d 483 (N.Y. App. Div. 1993), 19 IDELR 1027.
11.
Field v. Haddonfield Board of Education, 769 F. Supp. 1313 (D.N.J. 1991).
12.
Granite School District v. Shannon M., 787 F. Supp. 1020 (D. Utah 1992).
13.
Handicapped Children's Protection Act. (1985). Hearings on H.R. 1523 before the Subcommittee on Select Education of the House of Representatives Committee on Education and Labor, 99th Congress, 1st Session (p. 11).
14.
Hopedale School District, 17 EHLR 973 (SEA Mass. 1991).
15.
In re A Child with Disabilities, 18 IDELR 936 (SEA N.H. 1991).
16.
Individuals with Disabilities Education Act (IDEA), U.S.C., Title 20, §1400–1485 (1990). Irving Independent School District v. Tatro, 468 U.S. 883, 104 S. Ct. 3371 (1984).
17.
KoopC. E. (1982, December). Keynote address. Presentation to the Surgeon General's Workshop on Children with Handicaps and Their Families. Washington, DC: U.S. Department of Health and Human Services (p. 9).
18.
Kruelle v. New Castle County School District, 642 F.2d 687 (3d Cir. 1981).
19.
Macomb County Intermediate School District v. Joshua S., 715 F. Supp. 824 (E.D. Mich. 1989).
20.
Neely v. Rutherford County Schools, 851 F. Supp. 888 (M.D. Tenn. 1994); reversed, 68 F. 3d 965 (6th Cir. 1995); petition for cert. filed(U.S. Jan. 31, 1996).
21.
NewacheckP. W.TaylorW. R. (1992). Childhood chronic illness: Prevalence, severity, and impact. American Journal of Public Health, 82(3), 364–371.
22.
Rules of Special Education, Chapter 41. (1992). Iowa: Department of Education.
23.
Tanya v. Cincinnati Board of Education, 21 IDELR 1120 (Ohio Ct. App. 1995).
24.
Task Force on Technology Dependent Children. (1988). Fostering home and community-based care for technology-dependent children: A report to the Congress and the Secretary (Vol. 2, No. 2). Washington, DC: U.S. Department of Health and Human Services.
