IHPs under Section 504 Heather R Rutland Eichelbaum Wardell Hansen Powell amp Mehl PC NELI Bootcamp June 10 2019 IHP Defined An individual health plan or individualized health plan typically focuses exclusively on addressing a students medical needs It is generally not developed ID: 804077
Download The PPT/PDF document "He Needs to be Checked by the Nurse 3 Ti..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
He Needs to be Checked by the Nurse 3 Times a Day!IHPs under Section 504
Heather R. Rutland
Eichelbaum Wardell Hansen Powell & Mehl, P.C.
NELI Bootcamp
June 10, 2019
Slide2IHP DefinedAn "individual health plan," or "individualized health plan," typically focuses exclusively on addressing a student's medical needs. It is generally not developed in accordance with formal procedures, such as those required for the development of a 504 plan.
Springer (NM)
Mun
.
Schs
.
,
111 LRP 65450
(OCR 06/17/11);
Roselle Park (NJ) Sch. Dist.
,
59 IDELR 17
(OCR 2012).
Slide3IHP Defined another way…A written document that outlines the provision of student healthcare services intended to achieve
specific student outcomes
.
Manage healthcare conditions to promote learning
Facilitate communication, coordination, and continuity of care among service providers
Slide4IHPs and Section 504 Eligibility
When determining if a student has a disability, follow the expanded ADAAA interpretation of disability, including the requirement that the ameliorative effects of mitigating measures, including the provisions of an IHP, not be considered.
Slide5IHPs and Section 504 EligibilityDistricts may not delay a § 504 evaluation based merely on the existence of an IHP. Just because a specific student’s health needs can be accommodated with an IHP does not mean the district is relieved of its obligation to create a § 504 plan for the student.
The key is whether the IHP was developed in accordance with procedures that satisfy the requirements of § 504.
Slide6IHPs and Section 504 EligibilityIn some cases, a student may require both a Section 504 plan and
an IHP to receive FAPE.
Section 504 Plan for educational needs
IHP to detail managing student’s meds
Birdville
(TX)
Indep
. Sch. Dist.
,
65 IDELR 307
(OCR 2015).
Slide7IHPs and Section 504 EligibilityBe wary of becoming a district that has a policy or practice of providing only IHPs to students with a particular health issue, (diabetes, asthma, allergies) instead of determining their eligibility for a 504 plan.
You are obligated under Section 504 to evaluate students who may, because of their condition, require related aids
and services.
Failure to do so may be a denial of FAPE.
Tyler (TX)
Indep
. Sch. Dist.,
56 IDELR 24
(OCR 2010).
Slide8IHPs and Section 504 EligibilityAddressing the needs of students strictly through IHPs and conducting 504 evaluations only when parents specifically request them has been deemed a violation of Section 504.
It should not be (solely) the parent’s responsibility to request evaluations.
Forest Hills (OH) Local Sch. Dist.
,
58 IDELR 114
(OCR 2011).
Slide9IHPs and Section 504 EligibilityA one-size-fits-all approach to certain conditions can backfire.
Example: Seizures
Simply distributing a Seizure Protocol form isn’t enough. There are other considerations:
Medication?
Staff training?
Staying current with medical info?
Slide10IHPs and Section 504IHP should be referenced in or fully incorporated into the 504 Plan.
On its own, the IHP does not provide any procedural safeguards for the student.
Only by attaching (or incorporating by reference) the IHP to the 504 plan will it guarantee nondiscrimination rights under the ADAAA.
Slide11IHPs and Section 504IHP should be reviewed and revised as necessary whenever new health information is available.
If IHP is part of 504 Plan, a 504 meeting should be convened to consider new info
Regardless, IHP should be reviewed annually
Slide12Nurse’s ResponsibilityWrite the Individualized Health Plan (IHP)
Non-medical supportive services (not performed by a physician) that are necessary for the student to remain in school during the day.
With diabetic students, base the IHP on the Diabetes Management and Treatment Plan (DMTP) in collaboration with the physician
Slide13Limits to an IHP?
Private Duty Nurses
Serious concerns, even if parent funded
Employee vs. Contractor status
Confidentiality
Accountability
District should be READY, WILLING and ABLE
Detail nursing credentials and care plan
Be ready to “prove” your staff is capable of meeting the student’s needs.
Slide14Examples of Health Care Services Allergies and multiple chemical sensitivity:
Medical monitoring by school nurse at least twice daily, and adoption of a medical protocol concerning oxygen availability (
Massachusetts
)
Implementation of emergency response protocols explaining how staff members should handle and administer epinephrine in the event of an anaphylactic or other serious allergy-related reaction (
Virgina
)
Slide15Examples of Health Care Services
Diabetes:
Insulin administration services to students who are unable to self-administer the insulin (
Florida
)
Insulin and glucagon administration and calculation of ketones during field trips (
Georgia
)
Provide nutritional information for school lunches (
Michigan
)
Installing insulin pod refills for an insulin pump (
Virginia
)
Insulin injections and/or snacks while traveling on the school bus (
Georgia
)
Change a student's insulin pump infusion site after the pump became dislodged at school (
Utah
)
Slide16Examples of Health Care Services
Asthma:
Administration of inhaler or medication (
Colorado
)
Transportation services to school placement that implements 504 plan (
Alabama
)
ADHD:
Med administration during school day (
Letter to
Mentink
)
Hirschsprung's
disease:
Colostomy bag services (
Florida
)
Slide17Examples of Health Care Services
Epilepsy:
Medically trained aide to recognize and respond to seizures during band camp (
Washington
)
Adrenal failure:
Trained staff members, including transportation personnel, to administer steroid injection and implement in the emergency care protocols in case the student experienced adrenal failure (
Florida
)
Slide18Examples of Health Care Services Tube feeding:
Revision of district policy to permit tube feeding in the classroom (
Alabama
)
Tracheotomy care:
Carry out physician’s orders for suction and other care and care and monitoring (
Maryland
)
Slide19Emergency Care PlansDefined as an emergency plan developed by the school nurse and either based on
the IHP or
instead of
the IHP.
Written in clear action steps
Using succinct terminology understood by school faculty and staff
For use by those charged with recognizing a health crisis and intervening appropriately
Slide20Emergency Care PlansParents are often more interested in the ECP than the IHP.
Additional training may be required
Document any training conducted
As with the IHP, an ECP needs backup staff built in
Update ECP when receive new info
Review ECP annually
Slide21IHPs and FAPEIf a student is entitled to receive FAPE under Section 504, the failure to properly implement the student's IHP may result in a Section 504 violation, regardless of whether the student has a separate 504 plan or not.
Scarborough
(ME) Pub.
Schs
.
,
66 IDELR 190
(OCR 2015);
Yakima
(WA) Sch. Dist. No. 7
,
64 IDELR 53
(OCR 2014).
Slide22Helping Parents Let Go
Acknowledge parent fears or concerns
Establish good communication with parents
Establish good communication with doctor(s)
Conduct additional training if necessary
Have parent demonstrate techniques
Invite Nurse to each 504 meeting
Document all nursing services
Slide23Contact Us
www.edlaw.com
(800) 488-9045
information@edlaw.com