On July 30, 2007, the Maryland Court of Appeals held that administration of medicine is a "related service" required by the Individuals with Disabilities Education Act (IDEA) regardless of whether it is enumerated in a student's Individualized Education Program (IEP). In John A. v. Board of Education for Howard County, the court held that although there was no statement about the "administration of medication" in the child's IEP, the IDEA does require that the child receive those services. Additionally, because a physician is not necessary for the administration of medication, the school nurse or other qualified person may administer the medication. Thus, administering the medication is not an excluded medical service, and must be paid for and provided by the school to ensure the child receives a free appropriate public education.

Full Opinion:
John A. v. Bd. of Educ., 400 Md. 363 (Md. Ct. App. 2007) available at
http://tinyurl.com/2g7oog [1]

Source: The Disability Law & Policy e-Newsletter [2]