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The Journal of School Nursing
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Legal and Ethical Issues

Does the School Nurse Have a Role to Play in School Discipline?

Katherine Pohlman, RN, MS, JD

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

Mary H. B. Gelfman, MA, JD

Mary Hughes Boyce Gelfman, MA, JD, is an attorney at law in Connecticut and a State of Connecticut Department of Education Hearing Officer for cases related to special education and student expulsions. She has coedited and coauthored books, including Legal Issues in School Health Services (2001), authored numerous articles for professional journals, and is a presenter at conferences for educators and school health professionals across the United States

Student discipline has become a subject of increasing concern at local, state, and national levels. This article is a discussion of current federal, state, and local school district legal requirements for student discipline in public schools with examples that illustrate several issues that could or should involve a school nurse. A brief history of the legal developments in school discipline includes key U.S. Supreme Court decisions and Acts of Congress. School district options in policy development and disciplinary procedures are discussed. Some of the discipline incidents include issues of nurse–patient confidentiality.

Key Words: confidentiality • due process rights • expulsion • Family Educational Rights and Privacy Act (FERPA) • Individuals with Disabilities Education Act (IDEA) • Individualized Education Program (IEP) • Individualized Healthcare Plan (IHP) • manifestation determination • multidisciplinary team • Section 504 (of the 1973 Rehabilitation Act) • school discipline law • suspension

The Journal of School Nursing, Vol. 18, No. 1, 48-53 (2002)
DOI: 10.1177/10598405020180010901
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