School Health Policies & Legal Requirements Flashcards

Under FERPA, when do the rights to access and consent to disclosure of a student's education records, including health records, transfer from the parent to the student?

Answer: When the student turns 18 or attends a postsecondary institution

FERPA rights transfer to the 'eligible student' at age 18 or upon attending a postsecondary institution at any age.

Which U.S. Supreme Court case established that clean intermittent catheterization is a related service that schools must provide under special education law?

Answer: Irving Independent School District v. Tatro

Tatro (1984) held that CIC is a school health service, not an excluded medical service, because a nurse or trained layperson can perform it.

A school nurse receives a request from a parent to review their child's cumulative health record. Under FERPA, the school must comply within what maximum timeframe?

Answer: 45 days

FERPA requires schools to grant access to education records within 45 days of the request.

Which four elements must a plaintiff prove to establish nursing negligence or malpractice?

Answer: Duty, breach of duty, causation, damages

Negligence requires a duty owed, a breach of the standard of care, proximate causation, and actual damages.

A student with severe peanut allergy has no other impairment and does not require specially designed instruction. Which law most appropriately provides for accommodations at school?

Answer: Section 504 of the Rehabilitation Act

Section 504 covers students whose impairment substantially limits a major life activity even if they do not need special education.

Under the Nurse Practice Act in most states, which task may an RN school nurse NOT delegate to unlicensed assistive personnel?

Answer: Conducting the initial nursing assessment

Assessment, nursing judgment, and care planning remain the RN's responsibility and cannot be delegated.

Which federal law requires local education agencies that participate in the National School Lunch Program to establish a local school wellness policy?

Answer: Child Nutrition and WIC Reauthorization Act of 2004

The 2004 Child Nutrition and WIC Reauthorization Act first mandated local wellness policies, later strengthened by the Healthy, Hunger-Free Kids Act of 2010.