irvingvtatro

Irving Independent School District v. Tatro
468 U.S. 883 (1984)

//Facts:// P: (Tatro) The parents believed that the school was responsible for providing “clean intermittent catheterization” (CIC) during school hours. They believed that it was part of offering a free, appropriate, public education to all students requiring special education services. Ashley Tatro is an 8 year old girl with spina bifida. As a result she suffers from orthopedic and speech impairments as well as a neurogenic bladder, a condition impairing her to empty her bladder independently. If a CIC isn’t preformed every 3 to 4 hours it will cause kidney damage. D: (Irving Independent School District) The school stood that such a procedure would fall outside of the realm of special education “related services”. Related services laws clearly state that medical procedures are for diagnosis only. The district believed that CIC is a medical procedure.

//Issues/Answers:// Does providing CIC to a student during school hours qualify as special education related services? Yes

//Legal Basis/Rationale:// Legal Basis: The court found that providing CIC during school hours was not a medical service because the procedure was not performed by a medical doctor. Rationale: The procedure could be performed by a school nurse or other trained layperson.

//Notes//
 * The procedure could be performed by Ashley’s parents, babysitter, and teenaged brother. Ashley would be able to perform the procedure soon.
 * “ Related Services” are defined as “Transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation and medical and counseling services except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a handicapped child to benefit from special education.