Right of Equal Access

The Superintendent shall permit a student who has a condition requiring prescribed medication to attend the same school the student would attend if the student did not have the condition. Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or, if appropriate, the student’s health services team, makes the determination that the student’s health condition requires that the student’s care be provided by a licensed health care practitioner at a different school. For the purpose of this determination, the teams shall include the parent or guardian. The parent or guardian may invite the student’s treating physician to the team meeting and the team shall consider the physician’s input, whether in person or in written form, when making this determination. This determination shall be based on individualized factors related to the student’s health conditions. The Superintendent shall not prohibit a student who has a condition COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT requiring prescribed medication from attending any school on the sole basis that:

(a)the student has a condition requiring prescribed medication;

(b)the school does not have a full-time school nurse; or

(c)the school does not have school employees who are trained in accordance with § 9A202 and assigned to provide care.