School Health Services Laws and Rules
The School Health Services Laws and Rules (PDF) document provides resources and links to Minnesota laws and administrative rules, federal laws, and regulations. This is not an exhaustive list, however, best represents the most commons laws related to school nursing practice and school health services in Minnesota. This resource is not substitute for and does not constitute legal advice. Schools and personnel are directed to consult with their local legal resources with questions, concerns, or interpretation.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities like those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504)
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). The Section 504 regulations require a school district to provide a free appropriate public education (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. (U.S. Department of Education, 2023).
Minnesota Department of Education Section 504
The U.S. Department of Education Office for Civil Rights provides these resources specific for students.
Section 504 Protections for Students with Asthma
Section 504 Protections for Students with Diabetes
Section 504 Protections for Students with Epilepsy
Section 504 Protections for Students with Food Allergies
Section 504 Protections for Students with Sickle Cell Disease
Individuals with Disabilities Education Act
On November 29, 1975, President Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), later known as the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law that governs special education and makes available free and appropriate public education (FAPE) to eligible children with disabilities and ensures special education and related services to those children.
Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.
In 2004, Congress reauthorized IDEA but with some important changes. The reauthorized legislation had enough differences from the original law that Congress decided to rename it the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA). The Minnesota Department of Education Special Education provides additional resources. Questions should be directed to them.
The National Association of School Nurses (NASN) provides this position statement, IDEIA and Section 504 Teams - The School Nurse as an Essential Team Member