K–12 Students With Concussions: A Legal Perspective. (April 2015)

• Record Type: Journal Article
• Authors: Zirkel, Perry A.; Brown, Brenda Eagan
• Is Part Of: Journal of school nursing. Volume 31:Number 2(2015:Apr.)
• Page Start: 99
• Page End: 109
• Publication Date: 2015-04
• Subjects: academic achievement -- attendance -- school nurse education -- policies -- procedures -- legal -- ethical issues -- collaboration -- multidisciplinary teams -- middle -- junior -- high school -- best practices -- practice guidelines -- high school; School health services -- Periodicals; School nursing -- Periodicals; 610.73
• DOI: 10.1177/1059840514521465
• Languages: English
• ISSNs: 1059-8405

Abstract

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws—the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act and the varying state laws or local policies for individual health plans and (b) a summary of the developing body of hearing officer decisions, court decisions, and Office for Civil Rights rulings that have applied this framework to K–12 students with concussions. The final part offers recommendations for proactive return to school policies, with the school nurse playing a central supporting role.