Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 > aural habilitation is a medical service and not > an educational service and it was not needed to provide a free appropriate > education. That's a new one on me. Actually it's not an educational service but IS a related service - based on a couple of Supreme Court Rulings: Irving Independent School District v. Tatro http://www.ideapractices.org/law/showLitigation.php?id=49 Cedar Rapids CSD v. Garret F http://www.whittedclearylaw.com/CM/Publications/publications20.asp In the link I just gave, it may be helpful to note the section called Limitations of " Existing " Staff: " The court further stated that the " district cannot limit educational access simply by pointing to the limitations of existing staff. The district must hire specially trained personnel as required by law. " As to this problem of existing school staff being unable to meet all of their responsibilities and provide for Garret too, the concept was dismissed out of hand. As in Honig, the U.S. Supreme Court declined to read into the law a definition that was not present. The court was remarkably consistent here. Note also footnote 9 (at 1999 WL104410*5) which mentions that Garret had a teaching assistant who also was a qualified LPN. In Iowa, the State Board of Nursing has held that RN's can delegate responsibilities to LPNs. The court further held that school districts cannot use cost itself in the definition of related of related services. This would be " judicial law making without any guidance from Congress. " Citing Rowley, as courts always do, the court further required that districts must " open the door " of opportunity to all qualified children. There is no " onerousness " exception. " Hope this helped. Hugs, Kay Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 There are references to a " bright line " test in both of these links. Does anyone know what a bright line test is? Re: IEP > > aural habilitation is a medical service and not > > an educational service and it was not needed to provide a free appropriate > > education. > > That's a new one on me. Actually it's not an educational service but IS a > related service - based on a couple of Supreme Court Rulings: > Irving Independent School District v. Tatro > http://www.ideapractices.org/law/showLitigation.php?id=49 > > Cedar Rapids CSD v. Garret F > http://www.whittedclearylaw.com/CM/Publications/publications20.asp > > In the link I just gave, it may be helpful to note the section called > Limitations of " Existing " Staff: > > " The court further stated that the " district cannot limit educational access > simply by pointing to the limitations of existing staff. The district must > hire specially trained personnel as required by law. " As to this problem of > existing school staff being unable to meet all of their responsibilities and > provide for Garret too, the concept was dismissed out of hand. As in Honig, > the U.S. Supreme Court declined to read into the law a definition that was > not present. The court was remarkably consistent here. Note also footnote > 9 (at 1999 WL104410*5) which mentions that Garret had a teaching assistant > who also was a qualified LPN. In Iowa, the State Board of Nursing has held > that RN's can delegate responsibilities to LPNs. > > The court further held that school districts cannot use cost itself in the > definition of related of related services. This would be " judicial law > making without any guidance from Congress. " Citing Rowley, as courts always > do, the court further required that districts must " open the door " of > opportunity to all qualified children. There is no " onerousness " > exception. " > > Hope this helped. Hugs, > Kay > > > > All messages posted to this list are private and confidential. Each post is the intellectual property of the author and therefore subject to copyright restrictions. > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 There are references to a " bright line " test in both of these links. Does anyone know what a bright line test is? Re: IEP > > aural habilitation is a medical service and not > > an educational service and it was not needed to provide a free appropriate > > education. > > That's a new one on me. Actually it's not an educational service but IS a > related service - based on a couple of Supreme Court Rulings: > Irving Independent School District v. Tatro > http://www.ideapractices.org/law/showLitigation.php?id=49 > > Cedar Rapids CSD v. Garret F > http://www.whittedclearylaw.com/CM/Publications/publications20.asp > > In the link I just gave, it may be helpful to note the section called > Limitations of " Existing " Staff: > > " The court further stated that the " district cannot limit educational access > simply by pointing to the limitations of existing staff. The district must > hire specially trained personnel as required by law. " As to this problem of > existing school staff being unable to meet all of their responsibilities and > provide for Garret too, the concept was dismissed out of hand. As in Honig, > the U.S. Supreme Court declined to read into the law a definition that was > not present. The court was remarkably consistent here. Note also footnote > 9 (at 1999 WL104410*5) which mentions that Garret had a teaching assistant > who also was a qualified LPN. In Iowa, the State Board of Nursing has held > that RN's can delegate responsibilities to LPNs. > > The court further held that school districts cannot use cost itself in the > definition of related of related services. This would be " judicial law > making without any guidance from Congress. " Citing Rowley, as courts always > do, the court further required that districts must " open the door " of > opportunity to all qualified children. There is no " onerousness " > exception. " > > Hope this helped. Hugs, > Kay > > > > All messages posted to this list are private and confidential. Each post is the intellectual property of the author and therefore subject to copyright restrictions. > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 > There are references to a " bright line " test in both of these links. Does > anyone know what a bright line test is? From the IDEAPractices Website: " This case affirmed some services perceived as medical to be school health related services and created a three prong " bright-line " test: 1) the child with a disability must qualify under IDEA for special education, 2) the service is necessary to aid the child with a disability to benefit from special education, and 3) the service must be able to be provided by a qualified person other than a physician. The bright line test is used to determine whether or not a specific service is considered to be a related service (fundable under IDEA) or a medical service (not fundable under IDEA). " -Kay Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 > There are references to a " bright line " test in both of these links. Does > anyone know what a bright line test is? From the IDEAPractices Website: " This case affirmed some services perceived as medical to be school health related services and created a three prong " bright-line " test: 1) the child with a disability must qualify under IDEA for special education, 2) the service is necessary to aid the child with a disability to benefit from special education, and 3) the service must be able to be provided by a qualified person other than a physician. The bright line test is used to determine whether or not a specific service is considered to be a related service (fundable under IDEA) or a medical service (not fundable under IDEA). " -Kay Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 1, 2002 Report Share Posted October 1, 2002 > There are references to a " bright line " test in both of these links. Does > anyone know what a bright line test is? From the IDEAPractices Website: " This case affirmed some services perceived as medical to be school health related services and created a three prong " bright-line " test: 1) the child with a disability must qualify under IDEA for special education, 2) the service is necessary to aid the child with a disability to benefit from special education, and 3) the service must be able to be provided by a qualified person other than a physician. The bright line test is used to determine whether or not a specific service is considered to be a related service (fundable under IDEA) or a medical service (not fundable under IDEA). " -Kay Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 12, 2003 Report Share Posted January 12, 2003 Yipee! I'm glad to hear you've made some headway. Good luck! Gisgie > Well, for those of you who remember the trouble we were having with > 's school, I thought I'd let you know that we finally got an > appointment to set up an IEP. There will be several experts there, as well > as teachers and staff. Thanks for the support and encouragement! > > Amy Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 12, 2003 Report Share Posted January 12, 2003 Yipee! I'm glad to hear you've made some headway. Good luck! Gisgie > Well, for those of you who remember the trouble we were having with > 's school, I thought I'd let you know that we finally got an > appointment to set up an IEP. There will be several experts there, as well > as teachers and staff. Thanks for the support and encouragement! > > Amy Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 12, 2003 Report Share Posted January 12, 2003 Yipee! I'm glad to hear you've made some headway. Good luck! Gisgie > Well, for those of you who remember the trouble we were having with > 's school, I thought I'd let you know that we finally got an > appointment to set up an IEP. There will be several experts there, as well > as teachers and staff. Thanks for the support and encouragement! > > Amy Quote Link to comment Share on other sites More sharing options...
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