Week+6

__**Team B:** Cedar Rapids Community School District v. Garret F.__

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 * **Name of Case** -Cedar Rapids Comm. Sch. Dist. v. Garret F. and Charlene F.


 * **Citation** -106 F.3d 822 (US Supreme Ct. 1999) (//For Cedar Rapids Comm. Sch. Dist. v. Garret F. and Charlene F.//)


 * **Date** - 1999


 * **Facts**

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In 1987, when he was four years old, Garret was severely injured in a tragic motorcycle accident. While Garret's mental abilities were unaffected, his spinal cord injury left him a quadriplegic and ventilator dependant.======

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In the fall of 1988, Garret started kindergarten in the Cedar Rapids Community School District. He has been in school there ever since. During the school day, Garret requires a personal attendant within hearing distance of him at all times to see to his health care needs. Garret requires urinary bladder catheterization about once a day, suctioning of his tracheostomy as needed, food and drink on a regular schedule, repositioning, Ambu bag administration if the ventilator malfunctions, ventilator setting checks, observation for respiratory distress or autonomic hyperreflexia, blood pressure monitoring, and bowel disimpaction in cases of autonomic hyperreflexia. From kindergarten through the fourth grade, pursuant to an agreement between Garret's parents and the school district, Garret's family provided the personal attendant.======

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Garret F. held that IDEA requires a school district to be financially responsible for the provision of nursing services that students require in order to access and benefit from their educational program. The Court based its ruling on IDEA’s definition of "related services" and on the United States Supreme Court decision Irving Independent School District v. Tatro (hereinafter known as "Tatro") (1984). Garret F. involved a student who required continuous nursing services in school, including urinary bladder catheterization, tracheostomy tube suctioning, nutrition and fluids on a regular schedule, positioning, monitoring of ventilator settings, artificial ventilations by ambu bag when the ventilator malfunctioned, assessment of respiratory status for respiratory distress or autonomic hyperreflexia, blood pressure monitoring, and bowel disimpaction.======

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Under the statute, our precedent, and the purposes of the IDEA, the Supreme Court determined that the District must fund such "related services" in order to help guarantee that students like Garret are integrated into the public schools.======


 * **Issue** - Should a district have to bear the financial responsibility of caring for a student with such intense medical needs?


 * **Holding** - the Supreme Court determined that the District must fund such "related services" in order to help guarantee that students like Garret are integrated into the public schools as long as there is no need for a physician to administer the services.


 * **Rationale** - This case considered the ruling in IDEA as amended that it was enacted to "to assure that all children with disabilities have available to them . . . a free appropriate public education which emphasizes special education and related services designed to meet their unique needs." Regardless of the actual number of students with disabilities who may require the supportive services of a nurse, school districts need to be cognizant of necessary and reasonable services and ever mindful of the inclusion and safety requirements for these students. These may include any level of service on a continuum, from direct or indirect nursing services one hour per week, a nurse on- site in the building at all times, or one-on-one nursing care throughout an entire school day. Regardless of the level of the service required, nursing services must be provided as determined in the student’s IEP. It is critical therefore, for school nurses to be part of IEP teams for students whose health conditions have an actual or potential impact on their learning and for school districts to ensure that school nurses are integral members of their schools’ early identification and special education teams. ([])

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