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(5.31) My child needs health services as a related service in order to attend school, but the district told me it does not have to provide such related services because they are “medical.” Is this true?

(5.31) My child needs health services as a related service in order to attend school, but the district told me it does not have to provide such related services because they are “medical.” Is this true?

It depends on the nature of the service your child requires because there is a difference between “medical services” and “health services”. “Medical services” are “services provided by a licensed physician.”[1] Except for those medical services that are for “diagnostic or evaluation purposes,” districts are not responsible for providing medical services as related services.[2] However, if a service can be performed by a school nurse or other qualified person, and is not one that must be provided by a licensed physician, then it is not a medical service. In that instance, a district could provide the service as a health service. Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66 (1999). ”Health services” are services that are necessary to help a student with a disability attend school. If your child needs the health service to be able to attend school at all, then they need it to benefit from special education.[3] Even if the services are expensive or time-consuming, such as continuous nursing services throughout the day, the district must provide them if they are “supportive services” that enable a child to remain at school during the day and provide meaningful access to education.[4]

  1. 34 C.F.R. Sec. 300.34(c)(5).[]
  2. 34 C.F.R. Sec. 300.34(a).[]
  3. Irving Independent School Dist. v. Tatro, 468 U.S. 883, 892 (U.S. 1984).[]
  4. Cedar Rapids Community School Dist.; see also Chapter 14, Information on the Rights of Students with Significant Health Conditions.[]