Rhode Island Department of Elementary & Secondary Education v. Warwick School Committee

696 A.2d 281, 1997 R.I. LEXIS 169, 1997 WL 282674
CourtSupreme Court of Rhode Island
DecidedMay 29, 1997
Docket95-612-M.P.
StatusPublished
Cited by1 cases

This text of 696 A.2d 281 (Rhode Island Department of Elementary & Secondary Education v. Warwick School Committee) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhode Island Department of Elementary & Secondary Education v. Warwick School Committee, 696 A.2d 281, 1997 R.I. LEXIS 169, 1997 WL 282674 (R.I. 1997).

Opinion

*282 OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on a petition for certiorari by the Warwick Teachers’ Union (union) seeking review of a decision of the Board of Regents for Elementary and Secondary Education (Regents). The Regents reversed a finding by the Commissioner of Education (commissioner) that the Warwick School Committee (school committee) had acted unlawfully when it engaged the services of a health professional who was not a certified school-nurse-teacher to provide care to a student enrolled in a Warwick public school. For the reasons stated below, we deny the petition for certiorari and affirm the decision of the Regents’ in this case. A summary of the facts relevant to this petition follows.

Facts and Procedural History

This controversy arose when the school committee retained a registered nurse on a contract basis for the purpose of providing services to a special education student enrolled in the Warwick school system. The then-six-year-old-child’s open tracheostomy required medical monitoring throughout the day. The registered nurse assisted the child at home in the morning, accompanied the child to school on the school bus, remained with the child to monitor her and suction her air passage throughout the school day, then accompanied the child on the bus to her home at the end of the school day. The nurse’s services were provided pursuant to the child’s Individualized Education Program (IEP), 1 which stipulated that she be monitored by “qualified medical personnel” on the bus and at school. The nurse provided no other services to the Warwick School Department; she was not involved in any aspect of its educational program, performed no instructional activities, and provided no other health-related services to any other children at the school.

At some point the Rhode Island Department of Elementary and Secondary Education (department) issued an advisory opinion stating that the committee was violating state education statutes by staffing the school health program with health professionals other than certified nurse-teachers. Pursuant to G.L.1956 § 16-39-1, the school committee sought a reexamination by the commissioner of the department’s opinion. In response, on December 11, 1992, the commissioner appointed a hearing officer to resolve the dispute between the committee and the department. Relying on this Court’s decision in Cranston Teachers’ Association v. Cranston School Committee, 424 A.2d 648 (R.I.1981), the hearing officer concluded that G.L.1956 §§ 16-21-7 and 16-21-8 require that the “organized direction and supervision of a healthful school environment, health education, and services” be rendered exclusively by certified nurse-teachers. The hearing officer found that the services in the instant case comprised part of the “school health program” as described in § 16-21-7, and thus could be performed only by certified nurse-teachers. Thereafter, the commissioner ordered the school committee to “cease and desist in its use of other health professionals in providing health services to students.”

The school committee appealed the commissioner’s decision to the Regents, pursuant to § 16-39-3, and, while the matter was pending on appeal, the Regents granted the union’s motion to intervene. 2 Following the Regents’ reversal of the commissioner’s decision, this Court agreed to review the matter in response to the union’s petition for certio-rari.

Analysis

The union contended that §§ 16-21-7 and 16-21-8 mandate that the health-care services be rendered to the child exclusively by a certified school-nurse-teacher. Section 16-21-7 provides in pertinent part:

*283 “School health program. — All schools * * * shall have a school health program which * * * shall provide for the organized direction and supervision of a healthful school environment, health education, and services. The program shall include and provide, within and consistent with existing school facilities, for the administration of such nursing care by certified nurse teachers, as defined in § 16-21-8, as shall be requested in writing by the attending physician of any student and authorized in writing by the parent or legal guardian of the student.”

Section 16-21-8 provides:

“Certified nurse-teacher. — Each school system shall employ certified nurse-teacher personnel certified by the state department of elementary and secondary education * * *. The school health program as defined in § 16-21-7 shall be staffed by certified personnel only.”

In support of its contention, the union relied on this Court’s holding in Cranston Teachers’. In that case, the Cranston Teachers’ Association sought review of a Regents’ decision that reversed the commissioner’s finding that the Cranston School Committee was “unlawfully soliciting registered nurses rather than certified nurse-teachers for employment in the Cranston school’s health program.” 424 A.2d at 649. On review, this Court held that §§ 16-21-7 and 16-21-8 require the exclusive employment of certified nurse-teachers in a school district’s health program. Id. at 650.

In the case sub judice, the respondent school committee argued that § 16-21-7 does not require the employment of a nurse who is also a certified nurse-teacher if that nurse’s sole responsibility consists of attending to the specific needs of an individual handicapped child, both inside and outside the school, on those days when the child is able to attend school, because the nurse is not functioning as part of the school health program as defined in § 16-21-7 while he or she is delivering those services. The school committee asserted that Cranston Teachers’ is not controlling because that case did not define the scope of a school health program, nor did it evaluate whether particular services or personnel must be provided as part of a school health program. The respondent department, arguing on behalf of the Regents, contended that the individualized nursing assistance at issue here is not encompassed by the meaning of the term “services” in § 16-21-7. The union, on the other hand, argued that even though an individual nurse renders specialized health services for a single child, those services are not separate or distinguished from the so-called services that constitute part of a school health program and, thus, those services must be performed by a certified nurse-teacher, pursuant to § 16-21-8. In support of its position, the union relied on G.L.1956 § 23-13-26, as enacted by P.L.1992, ch. 340, § 1 3 and the Rules and Regulations for School Health Programs (R 16-21SCHO, as amended February 1993), promulgated under §§ 16-21-7 and 16-21-8, as evidence of the Legislature’s intent to include services to technology-dependent children as part of the school health program. Section 23-13-26 provides in pertinent part:

“Technology-dependent children — Definitions — Caretakers’ skills. — (A) For the purposes of this section, the following definitions shall apply:

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696 A.2d 281, 1997 R.I. LEXIS 169, 1997 WL 282674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhode-island-department-of-elementary-secondary-education-v-warwick-ri-1997.