Equity in Education Legal Database v0.1
 

Related Laws and Acts

Individuals with Disabilities Education Act

  

Irving Independent School District v. Tatro (1984)

Details:

The Supreme Court heard this in order to determine whether a school was required under IDEA to provide a student needing clean intermittent catherization (CIC), a medical procedure involving catheter insertion in order to drain the bladder, with the procedure. The Court decided that because the student required special eduation (spina bifida), required the service in order to attend school, and did not require a medical professional beyond a nurse or trained individual, the school district must provide the service.

 

Applications and Implications:

  • This case set up a three part guideline for whether a school is required to provide health services. The service can only be provided to students who qualify for special education, only if they are necessary for the child to participate in the school day and must be applied during the school day, and only if they can be administered by a nurse or qualified person, not a doctor.
  • The plaintiffs in this case filed the suit under both IDEA and the RHA. It was mentioned in the case that where IDEA applies, the RHA is not relevant, as IDEA is the more stringent law.

 
Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 275.
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