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(5.4) Are school districts responsible for the provision, care or replacement of a child’s surgically implanted device such as a cochlear implant?

(5.4) Are school districts responsible for the provision, care or replacement of a child’s surgically implanted device such as a cochlear implant?

Under both federal and California law, related services do not include a medical device that is surgically implanted, such as a cochlear implant, or the replacement of that device.  [20 U.S.C. Sec. 1401(26)(B); 34 C.F.R. Sec. 300.34(b); Cal. Ed. Code Sec. 56363(c).]  However, the law does not prohibit the routine checking of a device’s external components to ensure that the device is working properly. [34 C.F.R. Sec. 300.34(b)(2)(iii).] Moreover, the school district is responsible “to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school.” [34 C.F.R. Sec. 300.34(b)(2)(ii).]