Cedar Rapids Community School District V Garret F
- Slides: 5
Cedar Rapids Community School District V. Garret F. A case related to the Individuals with Disabilities Education Act
Driving Question Are school districts required to provide continuous, one-on-one nursing care as part of the guarantee to a free, appropriate education?
Summary of Facts student dependent on wheelchair and ventilator requests school district provide services for needs ● student stated related services were necessary to allow him to receive a free, appropriate education ● school district refused stating services are medical rather than related services ● administrative law judge ruled that the IDEA required the district to provide the needed service and bear the financial responsibility ● ● federal district court and the Eighth Circuit Court of Appeals affirmed decision ● Garret could not attend school without related services. ● services provided by a physician other than diagnostics and education are subject to the medical services exclusion while services that can be provided by a nurse or qualified lay person are not (see Irving Independent School District v. Tatro. ) ● US Supreme Court ruled the district must to provide nursing services during school hours to allow Garret to benefit from a FAPE
Implications ● All students (including those with disabilities) are entitled to a free appropriate public education ● Services that can be provided by a nurse must be funded and provided by school districts
Resources Cedar Rapids Community School District, Appellant, v. Garret F. , a Minor by His Mother and Next Friend, Charlenef. , Appellee, 106 F. 3 d 822 (8 th Cir. 1997). (n. d. ). Retrieved from https: //law. justia. com/cases/federal/appellate-courts/F 3/106/822/558342/ Essex, Nathan L. . School Law and the Public Schools (The Pearson Educational Leadership Series) (p. 135). Pearson Education. Kindle Edition. Researched by Christy A. Kuhl