Legal Issues: Advocacy by and Disabilities of School Nurses.

This article summarizes the facts and rulings of a recent representative federal appeals court decision concerning the legal claims of two school nurses who lost their positions after advocating on behalf of students with diabetes. Their primary claim was the anti-retaliation protection under the pair of federal laws prohibiting disability discrimination-Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. The second of the two nurses additionally asserted protection under this pair of laws based on her own asserted disabilities. The discussion reveals the sometimes significant difference between legal requirements, as determined by appellate courts, and professional norms, as perceived by practitioners and professors in school nursing.

K-12 students with concussions: a legal perspective.

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act and the varying state laws or local policies for individual health plans and (b) a summary of the developing body of hearing officer decisions, court decisions, and Office for Civil Rights rulings that have applied this framework to K-12 students with concussions. The final part offers recommendations for proactive return to school policies, with the school nurse playing a central supporting role.

Section 504 and student health problems: the pivotal position of the school nurse.

News reports illustrate controversies between parents and schools in response to student health problems. Today's school nurse is in a pivotal position for the avoidance and resolution of disputes not only by increasing awareness of student health conditions but also by having a working knowledge of legal developments under Section 504 and its sister statute-the Americans with Disabilities Act (ADA). The ADA amendments of 2008 have extended the standards for eligibility and expanded questions about school districts' obligations under Section 504 and the ADA. This article provides a comprehensive synthesis of recent case law and related legal developments under this pair of federal statutes, culminating in practical implications and professional recommendations for school nurses.

Orton-Gillingham and the IDEA: analysis of the frequency and outcomes of case law.

The Individuals with Disabilities Education Act grants dissatisfied parents of students with disabilities the right to pursue legal remedies. In 2007, Rose and Zirkel found that parents of students with reading disabilities seeking Orton-Gillingham (OG) instruction under the IDEA's central obligation for a free appropriate public education (FAPE) were largely unsuccessful in their complaints. Since that review, various factors had the potential to influence the frequency and outcomes of OG-related case law-namely, the peer-reviewed research requirement of the IDEA and growing awareness of the need for specialized reading instruction. Our updated analysis of OG-related case law revealed an increase in the number of cases but similar district-favored outcomes identified by Rose and Zirkel. In particular, the relaxed substantive FAPE standard and deference to local and state authorities diminished the likelihood of parents prevailing in their requests. Implications for parents, school district personnel, special education professionals, and education researchers are presented.

Physical Exams: Legal Liability (Versus Professional Norms).

This article summarizes the facts and rulings of a relatively recent and representative federal appellate court decision concerning a parent's civil rights lawsuit in response to a school nurse's visual examination of a child's "private parts." The discussion of the court's rulings extends to a sampling of related case law and, as in a previous NASN School Nurse Zirkel article, the difference between legal and professional boundaries.

School Nurse Advocacy: The Dilemma of Ethical Interpretation Versus Legal Protection.

This article summarizes the facts and rulings of a recent, representative federal court decision concerning the legal claims of a school nurse who had engaged in advocacy for student safety, with particular attention to a student with insulin-dependent diabetes who committed suicide. The discussion of the court's rulings for the school nurse's various legal claims identifies the difference between ethical interpretation in terms of prevailing perceptions among school nurses and legal protection in terms of the current state of the case law specific to such advocacy.

Unlicensed administration of medication. the California Supreme Court decision.

This article summarizes the California Supreme Court's decision in American Nurses Association v. Torlakson concerning the administration of prescription medications, such as insulin injections for students with diabetes, by school personnel who are not licensed nurses. More specifically, the coverage includes (a) an overview of the legal history of this California case; (b) an analysis of the specific contours of the court's ruling along with their applications and effects in California; and (c) a discussion of the more general legal implications for school nurses and school districts in other states.

The trend in SLD enrollments and the role of RTI.

Based on the latest U.S. Department of Education data, this article presents the enrollment figures for students identified with specific learning disabilities (SLD) under the Individuals with Disabilities Education Act (IDEA) for the school years from 1995-1996 to 2011-2012. The figures for each year are (a) the number of students with SLD ages 6 to 21, (b) the percentage in relation to students classified under all of the IDEA classifications, and (c) the percentage in relation to total K-12 school enrollments. The discussion examines these trends and explores the possible reasons for them.

History and expansion of section 504 student eligibility: implications for school nurses.

This article presents an explanation of the eligibility criteria for K-12 students under Section 504 and its sister statute, the Americans with Disabilities Act (ADA). The explanation shows the evolving application of Section 504 to students in terms of three phases: awareness, constriction, and expansion. The latest phase, expansion, started with the January 1, 2009, effective date of the ADA Amendments (ADAA), which dramatically reversed the previous phase of judicial constriction of the eligibility criteria. The changes affect two of the three criteria in the definition of disability under Section 504 and the ADA: (a) an expanded list of illustrations of "major life activities" and (b) much less restrictive standards for interpreting "substantially limits." As a result, the school nurse plays a more critical role as a member of or consultant to the school teams that determine student eligibility for and the contents appropriate in 504 Plans.