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The Tennessee Conservative [By Rebecca Scott] –
As a second grader from Bradley County fights kidney cancer, her parents are fighting for their daughter’s right to continue her education through her time of treatment.
The child’s parents have filed a lawsuit against the school district because Waterville Elementary School will not allow the child do her schooling from home while she finishes her treatments.
The parents were informed that, if their daughter did not return to school in the month of November, then she would need to be withdrawn from school. The child’s course of treatment will not be complete until January.
As the child’s parents believe their daughter should legally be able to keep up with her schoolwork from home due to her medical status, Bradley County School District has its own perspective.
As submitted to Local 3 News, the school district’s statement reads, “We are aware of the recently filed lawsuit. We are committed to providing all students, including students with disabilities, illnesses, or other challenges, with the best possible education. We did that in this case, and we stand ready to continue to do so for this student and for everyone else. Since this matter is in litigation, we have no further comment at this time.”
As the family awaits a decision in their lawsuit, the little girl continues with her chemo and radiation treatments. Her parents now have the added concern of their child’s education on top of her medical needs.
Rebecca Scott is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Rebecca at Rebecca@tennesseeconservativenews.com.
4 Responses
Sue them and do your own home school.
Yup, lucifer’s pubic ejikashun.
The Tennessee Board of Regents and the Tennessee State Board of Education require that ALL Tennessee schools have a process to determine eligibility and offer “Homebound” classes for students with medical issues/needs as documented by a physician and meet homebound status.
Furthermore, should the student be required to attend school, the child’s parents should hand deliver or mail a certified letter to the school Principal, requesting a 504 Educational Plan evaluation within 10 days of the receipt of the letter. Here is a Powerpoint presentation from Tennessee Dept of Education that details 504 Plans for students and also that Homebound classes can be a part of a 504 Plan.
https://www.tn.gov/content/dam/tn/education/special-education/rti/Updated_504_training.pdf
RULES OF THE TENNESSEE STATE BOARD OF EDUCATION
CHAPTER 0520-01-02
DISTRICT AND SCHOOL OPERATIONS
Medical Homebound Qualification and Placement
2 (a) Each LEA shall establish a medical homebound instruction program for each student
enrolled in the LEA who qualifies. A student qualifies for a medical homebound instruction
program if the student’s treating physician certifies in writing that the student has a medical
condition that prevents the student from attending regular classes. A student is prevented
from attending regular classes if the student will miss more than ten (10) consecutive
instructional days over the period of the school year due to the medical condition. An LEA
may also create a policy that allows students who miss an aggregate number of
instructional days over the period of the school year due to a medical condition to be eligible
for a medical homebound instruction program.
0520-01-02-.10 HOMEBOUND INSTRUCTION.DISTRICT & SCHOOL OPERATIONS CHAPTER 0520-01-02
(Rule 0520-01-02-.10, continued)
February, 2021 (Revised) 2
(b) Once a student has qualified for a medical homebound instruction program, the
homebound instruction period shall be determined by the student’s review team on a caseby-case basis and shall take into consideration the recommendations of the student’s
treating physician, if available. Educational decisions regarding the student’s medical
homebound instruction program shall be determined by the student’s review team on a
case-by-case basis. .
(c) Decisions regarding students with disabilities who require instruction in the home, hospital,
or related site pursuant to an IEP team’s determination that the home, hospital, or related
site is the child’s least restrictive environment are governened by the requirements set forth
in the Individuals with Disabilities Education Act (34 C.F.R. § 300.39; 34 C.F.R. § 300.115)
and State Board Rule 0520-01-09-.07 regarding educational homebound placements.
Excellent information. Truth wins when it’s told.
Well done.