Quote:Originally posted by Rhonda RS:
[b]I see where your question now is coming from (FAPE v. "reasonable") - you're looking at this through the IDEA lens.[/b]
"COOL........" [i]Isn't it????[/i] (Grin so huge they [i]don't[/i] make a smiley big enough) When it struck me, I was like:
[b]"whoooooooooooooa. [i]I could run with this[/i]."[/b]
[b]Below is a pretty good analysis. Accommodations under IDEA must provide:
"Responsibility To Provide A Free, Appropriate Public Education (FAPE)?--Yes. A FAPE is defined to mean special education and related services. Special education means "specially designed instruction, at no cost to the parents, to meet the unique needs of the child with a disability...." Related services are provided if student's require them in order to benefit from specially designed instruction. States are required to ensure the provision of "full educational opportunity" to all children with disabilities."[/b]
So, not as advice in any manner or form, but your own opinion...........
[i]Do you *believe/think* a full time school nurse (RN) in the bulding with a child at risk for anaphylaxis is gonna fly?[/i] Might be new territory I'm walking here, but does [i]the literature and professional opinion[/i] indicate this? I mean, is that enough to demand it (in light of the paragraph quoted above and below: )? ........Under the OHI, IDEA/FAPE lens.
(Wondering what ever became of the bill in congress re this: full time school nurses/schools/health care needs?)
[b] [url="http://www.kidsource.com/kidsource/content3/ada.idea.html"]http://www.kidsource.com/kidsource/content3/ada.idea.html[/url]
So, the law says that schools must "meet the unique needs" "at no cost" - so, my impression is that the school must meet the needs of your cub in order to meet its responsibility of providing FAPE in LRE (least restrictive environment).[/b]
[b]Thoughts?
[/b]
Am I "jumping the gun"?
Hmmmmmmmmmmmmmm. Just offhand........is there any valid reason/justification for the school nurse NOT to be present at those meetings? I mean, isn't that just like not having the school psychologist absent from the IEP meetins? If she was to meet with me before the meetings, and not during, would that be sufficient. (grapevine murmurs....., nothing official, school nurse is on vacation still).
Hmmmmmmmm..............I think I am learning. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] (This is like the "we don't know where the location is to be for the program" thing, isn't it? I mean, if someone can meet before the meeting, they can surely be there [i]for[/i] the meeting? (iep reconviening)
[This message has been edited by MommaBear (edited July 29, 2004).]

Quote:Originally posted by Rhonda RS:
[b]Hi MB,
Below is a landmark Supreme Court Case known as the "Tatro" Case. I think this is exactly what you are looking for to demonstrate that schools must pay for accommodations under IDEA to provide FAPE in LRE and make it possible for a child with a disability like, OI, to participate for children without disabilities. The Supreme Court found in favor of the child and the parents. Read the case, let me know if this is what you were looking for.
[/b]
absolutely. I mean, not a ltfa case, but so much to glean from it. [i]It's like the other side of the mirror.[/i]
To quote:
"The regulations define "related services" for handicapped children to include "school health services," 34 CFR 300.13(a) (1983), which are defined in turn as "services provided by a qualified school nurse or other qualified person," 300.13(b) (10). "Medical services" are defined as "services provided by a licensed physician." 300.13(b)(4). 10 Thus, the Secretary has determined that the services of a school nurse otherwise qualifying as a "related service" are not subject to exclusion as a "medical service," but that the services of a physician are excludable as such."
Understand. That "medical services" part. I mean, as a nurse, *I* am not a medical service. Actually, I am expressly forbidden from even determining medical diagnoses. In developing Nursing Care Plans, I use NANDA approved diagnoses. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] They are [i]specific[/i] to the [b]Scope of Nursing Practice[/b]. I mean, also, that I am only allowed, as an RN to perform what duties are [i]within[/i] my [b]Scope of Practice[/b] defined for an RN. (it's in my State Nurse Practice Act). [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Sooooooooooooooooooooo, I don't see how a School nurse could be considered "a medical service". Or even what duties she/he performs. I mean, [i]I'm not allowed to practice medicine.[/i] Actually, I think, in some ways my actions as a [i]layperson[/i] are somewhat restricted/subject to evaluation/monitoring since I am considered, um........what phrase did you use? Oh, yes.........."[b]A Knowledgeable Person[/b], under the law". [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img]
Secondly: I *believe* I have come across literature (from professional/qualified sources) that have determined a specifically qualified school nurse (RN) to be "uniquely" prepared and trained to assist in managing LTFA in schools. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] Hey, I could be wrong. But my memory is usually quite good. I'll try to find this reference. If indeed it does exist.
If it does, when I look at the sum of the two thoughts.................[i]wow.[/i]
Checkmate?
(thoughts?)
ps.......that "tatro" case......that was decided under "Education of the Handicapped" with a hedge bet on 504?

ran across this too:
[url="http://www.nasn.org/positions/casemanagement.htm"]http://www.nasn.org/positions/casemanagement.htm[/url]

Quote:Originally posted by synthia:
[b]MB,Found this I don't know if it will help?
[url="http://www.aap.org/policy/s010105.html"]http://www.aap.org/policy/s010105.html[/url]
Love this site
Synthia[/b]
Absolutely. I just skimmed it over as I am on my way over to the district office to drop off paperwork. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] I'll give it a close read when I get back.
Thank you Synthia.