Section B – Provision of Nursing Services Federal Law
The Individuals with Disabilities Education Act (IDEA) ensures that all children have available to them a free appropriate public education (FAPE). The law emphasizes special education and related services designed to meet their unique needs, to assure the rights of children with disabilities and their parents or guardians are protected, and to assess and assure the effectiveness of efforts to educate children with disabilities. School health service(s) is a related service. Federal regulations provide further distinction between “school health services,” which are provided by a “qualified school nurse or other qualified person,” and “medical services,” which are provided by a licensed physician. The Charter LEA must provide school health services, but not medical services, except those “medical services” that are for diagnostic or evaluation purposes ( Title 34 of the Code of Federal Regulations § 300.16(a)(b)(4) ). Definition Children who need school health services require special health care procedures for life support or health support during the school day in order to be able to benefit from the educational program. Procedure for Developing the IEP of a Child with Specialized Health Care Needs If a child is eligible for special education, the health plan is a part of the IEP process. The IEP team (including a nurse knowledgeable about the child’s health care needs) is convened to discuss safe and appropriate classroom placement, as well as necessary services and personnel for the child to attend school in the least restrictive environment (LRE). The issues addressed include: • Medical diagnosis or concern; • Child’s condition and needs; • Procedure(s) required; • How the need is currently being met; • How the procedure is performed; • What records are kept; • What level of personnel is required; • What supervision is needed; • What is the educational impact; and • Where should the educational placement be. The information from this meeting becomes a health plan that is a part of the IEP of a child who is eligible for special education. The school nurse is legally responsible for school nursing procedures. He or she can delegate that responsibility by training and certifying other school staff. All staff having contact with the child
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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