November 18, 2015 Disseminating Student Health Plans to Staff
KEEPING YOU INFORMED…
We are writing to advise you of a recent ruling from the United States Education Department Office for Civil Rights (“OCR”) with respect to student health plans. OCR determined that a New York school district failed to review a student’s Diabetes Medical Management Plan and Emergency Care Plan with the student’s bus driver at the beginning of the school year as required by the student’s Section 504 Plan. As a result, OCR and the District entered into a resolution agreement whereby the District agreed to develop a written policy requiring the District to review a student’s Diabetes Medical Management Plan and/or Emergency Care Plan with all appropriate staff, including bus drivers, by the last business day preceding the commencement of the school year when required by the student’s Section 504 Plan or Individualized Education Program (“IEP”).
We believe a best practice would be to adopt a Board policy requiring the timely transmittal of a student’s Section 504 plan and any health management plans referenced in the Section 504 Plan to all appropriate staff, including bus drivers, regardless of whether the transmittal is required by the Section 504 Plan and/or IEP. Failing to implement a student’s health plan may violate Section 504 and, therefore, all appropriate staff should be made aware of the contents of the plan prior to the commencement of each school year to better ensure that the student receives the care that he/she requires. If, at any time during the year, a new staff member is assigned to work with the student, then he/she must be provided as soon as possible with a copy of the student’s Section 504 Plan and any health management plans referenced in the Section 504 Plan.
Please contact us if you require assistance in developing a policy reflecting these recommendations.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2015