School Nursing Services

By: Eric G. Rodriguez

Related Services

34 C.F.R. § 300.34

“means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education and includes…”

Related Services

34 C.F.R. § 300.34 (emphasis added)

•“speech-language pathology and audiology services… and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training”

34 CFR § 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 the child's IEP….”

34 CFR § 300.34(c)(13) (con’t)

“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."

Significance?

Consideration of whether a student requires school nursing services should be made using the same procedures used to consider any other related service. In short:

•Evaluation (with the requisite consent) &

•ARD committee consideration and decision.

....Real Significance?

If there are private duty nurses providing services in your district, and your district has not evaluated and convened an ARD committee to consider whether the student qualified for related service school nursing services this is a potential legal problem.

Potential legal issues:

• Failure to conduct appropriate evaluation

• Failure to identify eligibility for related services

• Failure to provide FAPE

Evaluation

• From a medical doctor to identify what tasks require skilled nursing services (as opposed to school health services), pursuant to Doctor’s orders.

We want to bring our nurse…

Some suggested steps:

1.Ask for a copy of any doctors’ orders and seek consent to contact the doctor (have the school nurse be part of this conversation).

2.Notice an ARD.

We want to bring our nurse…

Some suggested steps:

3.Discuss the information in the ARD to determine:

– Student needs (& expectations of your district)

– Qualification of service providers– Frequency, duration, and location

If the student qualifies

• A district has discretion in selecting a nurse, unless the district will seek reimbursement through SHARS.

• But, if the services are provided by the district as a SHARS provider, parents have “freedom of choice of providers,” pursuant to 42 CFR § 431.51.

Freedom of Choice of Providers

If the parent requests that someone other than the district’s employees provide a related service, the district must make a good faith effort to comply with the parent’s request. A district may negotiate with the provider to provide the services under a contract.

http://www.tmhp.com/tmppm/2011/Vol2_Children’s_Services_Handbook.pdf

Why do you want a contract?

• To be certain that you can exercise supervision over the provider in connection with:– Services and responsibilities– Records– Campus policies

What if the provider refuses?

If the provider refuses to sign an agreement the district must provide the related services but is not required to use the student’s preferred provider.

Other options?

• A district may elect to permit a nurse on campus as a courtesy, but this can be problematic and we encourage you to consult with your own legal counsel before you take this step.

School Nursing Services

By: Eric G. Rodriguez