Sb. Thomas et C. Hawke, Health-care services for children with disabilities: Emerging standards and implications, J SPEC EDUC, 32(4), 1999, pp. 226-237
Conflicting interpretations of federal statutes and regulations have emanat
ed from federal and state courts regarding the provision of health-care ser
vices as required under the Individuals with Disabilities Education Act and
section 504 of the Rehabilitation Act. As a result, educators and parents
have been left in a quandary over the level and extent of health services t
hat children with disabilities are entitled to receive. To help clarify rel
ated issues, this article provides an overview of relevant federal statutor
y, regulatory, and common law; examines the two primary standards applied b
y federal courts; and establishes a procedure that may be used to determine
whether a specific form of requested health care qualifies as a health ser
vice to be provided by the local school district or a medical service to be
provided by the parents or governmental agency.