School nurses must be knowledgeable about the special education process because federal and state legal mandates must be followed for students who are in special education or are being evaluated for special education. Students who are disabled are protected under the law and have rights, privileges, and protections that are meant to afford them equal opportunity under the law.
Federal Special Education Regulations
20U.S.C. Chapter 33 - Education of Individuals with Disabilities
Minnesota Special Education Regulations
Minnesota Statute 125A – Special Education and Special Programs
Minnesota Rule 3525 – Children With a Disability
Definition of Special Education
Special Education means any specially designed instruction and related services to meet the unique cognitive, academic, communicative, social and emotional, motor ability, vocational sensory, physical, or behavioral and functional needs of a pupil as stated in the Individual Education Program (IEP) plan (Minn.Rule 3525.0210, Subp. 42).
Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training (34C.F.R.300.34).
The Role of the Licensed School Nurse in the Special Education Process
The Role of the Licensed School Nurse in the Special Education Process is to:
• Participate as a member of the special education team
• Complete, as needed, an assessment of student’s health and physical status including all essential components as listed in the Licensed School Nurse Assessment of Health/Physical Status
• Interpret medical and health information that impact the student in their educational environment
• Assist in completing the evaluation report
• Assist in determining special education eligibility
• Assist in developing the individualized education program (IEP) plan
• Determine if the student needs nursing service as a related service on the IEP
• Document a statement of the nursing services provided to the students, when the service will begin, how often it will be provided and for what amount of time, and where it will be provided.
• Develop Individual Health Plan, Emergency Care Plan and Evacuation Plan when needed
• Seek reimbursement for assessments and health related services on an IEP
• Is to support that evaluation and health assessments be completed by a licenses school nurse or public health nurse.