Appellant filed an appeal challenging the school district’s refusal to provide her son with a health care provider to assist with his physical needs during the school day. Appellant believes that health care at school can be provided by a properly trained non-licensed care provider.

Appellee petitioned the Board of Nursing for a declaratory ruling regarding whether the student’s health care needs can be delegated by a school- employed registered nurse (RN) to non-licensed personnel. The Board of Nursing concluded that the competencies needed to provide the student’s care were within the scope of the practice of nursing and require knowledge and skills attributed to nurses.

The ALJ determined the primary issue in the appeal to be whether the student’s mother is responsible for providing his health care needs while at school or whether his health care at school must be provided at no cost to the parent as part of a free appropriate public education.

ALJ concludes that the school district has clear responsibility under state and federal law to provide the student with the health care services he needs in the school setting and directed the district to reimburse the Appellant for health care costs while at school for the 1993-94 school year.

This decision was ultimately affirmed by the Supreme Court of the United States. Cedar Rapids Community School District v. Garret F., 526 U.S. 66 (1999).