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The Journal of School Nursing
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Legal and Ethical Issues

School Health Services After Cedar Rapids Independent School District v. Garret F

Katherine Pohlman, RN, MS, JD

Nadine Schwab, RN, MPH, PNP, NCSN, FNASN

Mary Hughes Boyce Gelfman, MA, JD
Nadine Schwab, RN, MPH, PNP, NCSN, FNASN

Attorney Mary H. B. Gelfman, MA, JD, is admitted to practice in the state and federal courts of Connecticut. She is currently a hearing officer for state-level special education appeals, student expulsion hearings, contested school residency cases, and school transportation disputes for the Connecticut State Department of Education. She is coeditor of the upcoming book, Legal Issues in School Health Services; coauthor of the 1997 book, Education Records: A Manual; and a presenter and author of professional journal articles on topics related to school law, special education, school health services, student discipline, and confidentiality of school records
Nadine Schwab, RN, MPH, PNP, CSN, FNASN, is an independent school health consultant and principal of Schwab & Associates. An associate clinical professor, courtesy faculty, at Yale University School of Nursing and the University of Hartford, Division of Nursing, she is coeditor of the upcoming book, Legal Issues in School Health Services. She is also a nurse consultant to the Section on School Health of the American Academy of Pediatrics. She worked at the Connecticut State Department of Education for 10 years as a consultant for School Health Services and is an experienced school nurse manager and pediatric nurse practitioner. Ms. Schwab is a past president of the National Association of State School Nurse Consultants and presenter and author of professional journal articles related to legal and clinical issues in school health

In 1999, the U.S. Supreme Court ruled that "school health services" include nursing services that are required for students needing one-on-one ("private-duty") nursing care to attend school. This ruling settled opposing federal court interpretations of the Individuals with Disabilities Education Act, clarifying the rights of students with complex medical needs and the responsibility of school districts to provide them with an appropriate educational program. In responding to the challenges and opportunities raised by this decision, school nurses must understand the implications for school nursing practice and for school districts, educate their school leaders and communities, and provide leadership for creative and collaborative problem solving.

Key Words: delegation • individualized educational program • individualized healthcare plan • Individuals with Disabilities Education Act (IDEA) • least restrictive environment • medically fragile student • school health services (as "related services") • Section 504 • students with complex medical needs

The Journal of School Nursing, Vol. 16, No. 4, 54-59 (2000)
DOI: 10.1177/105984050001600408


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