Notification of Rights: Pursuant to C.R.S. § 22-20-121(2)(b)(I), Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 794, as amended, and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., affords students access to medically necessary treatment required for the student to have meaningful access to the benefits of a public education, or to attend school without risks to the student’s health or safety due to the student’s disabling medical condition.
The provision of medically necessary treatment to students by private health-care specialists must be done in accordance with district policy. If medically necessary treatment requires administration of prescription and/or nonprescription medication to students, such administration must be in accordance with applicable federal and state law and the District’s policy and accompanying regulations concerning the administration of medications to students, JLCD (Administering Medication to Students).
“Medically necessary treatment” means treatment recommended or ordered by a Colorado licensed health-care provider acting within the scope of the heath-care provider’s license.
“Private health-care specialist” means a health-care provider who is licensed, certified, or otherwise authorized to provide health-care services in Colorado, including pediatric behavioral health treatment providers pursuant to the state medical assistance program, as defined in C.R.S. § 22-20-121(b), and autism services providers who provide treatment pursuant to C.R.S. § 10-16-104(1.4). In no event may a school district or administrative unit staff member be recognized as a private health-care specialist for the purposes of district policy.
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It is the responsibility of a student’s IEP team or Section 504 team to determine whether any medically necessary treatment is required during the school day and within the school building to ensure the student can access their education, in accordance with Section 504 and Title II.
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When determining whether medically necessary treatment is required within the school setting, the student’s IEP team or Section 504 team will invite the private health-care specialist who ordered or recommended the medically necessary treatment to attend the meeting at which the issue will be discussed. Private health-care specialists are encouraged to submit information in writing that can be reviewed at the meeting by the student’s IEP or Section 504 team. The invitation will issue to the private health-care specialist at least ten (10) calendar days in advance of the IEP or section 504 meeting.
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Nothing in district policy will be construed to prevent the District from using its own staff, if qualified, or contracting with a qualified provider of its choice to provide medically necessary treatment to a student within the school setting when determined appropriate by a student’s IEP or Section 504 team.
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Nothing in district policy will be construed to require the District to permit a third-party to determine or provide special education or related services in the school setting in a way that interferes with the District’s obligations and authority under federal and state law.
A private health-care specialist may be granted access to school or district property to provide medically necessary treatment in accordance with the determination of the student’s IEP team or Section 504 team, subject to the District's policy and/or procedures concerning visitors to schools and all other applicable policies.
A private health-care specialist may be granted access to school or district property to observe the student in the school setting, in accordance with the determination of the student’s IEP team or Section 504 team, and with express consent from the parent/legal guardian. During the observation, the health-care specialist is prohibited from providing medical treatment, disrupting the student’s instructional program, or interfering with the provision of special education and related services. The health-care specialist’s observation is subject to the District’s policies and procedures regarding visitors to schools and District property.
Permission to provide medically necessary treatment on school premises may be limited or revoked if the private health-care specialist violates any board policy, or demonstrates an inability to responsibly follow the requirements of the school district.
If the IEP team or the Section 504 team determines that any medically necessary treatment is not required to be provided in the school setting pursuant to this policy, the IEP team or Section 504 team will provide notice to the student’s parents or legal guardian that the student has a right to appeal such determination. Such appeals must meet, at a minimum, the requirements as set forth in Board policy JLCDC (Medically Necessary Treatment in School Settings). Additional information regarding medically necessary treatment in school settings, as well as the process for authorizing private health-care specialists to provide medically necessary treatment in school settings, can be found in JLCDC (Medically Necessary Treatment in School Settings) and its accompanying regulation, JLCDC-R (Authorizing Private Health-Care Specialists to Provide Medically Necessary Treatment in School Settings).