Originally appeared in the CAS Weekly Newsletter
Dear Legal Mailbag:
One of the students in my school has an IEP for educational services. She also has a medical plan filed with our health office regarding a seizure disorder. The school nurse has reached out to the family on multiple occasions to obtain updated seizure medication (used in the event of a seizure). The parent told the nurse that the child has not had a seizure in about a year and one-half. Other than that, however, the parents have not been cooperative. Despite numerous requests from the school nurse, the family has not provided an updated doctor's note or medication that has not expired. Moreover, the seizure plan provided by the doctor expires in two months.
Last week, the class went on a field trip off campus without a nurse. The parents were invited either to take the child themselves, or to have the child remain in school where there was at least a nurse.
Were we within our right to keep her in school until the medical issue is updated?
Signed,
What Do You Want Us To Do Anyway?
Dear What:
In a word, no - your district was not within its right to take the approach you describe. Legal Mailbag does not wish to be overly critical here, but the practice you describe (encouraging the parents of a child with a seizure disorder to transport their child or leaving the child behind) violates Section 504 of the Rehabilitation Act as well as...
