DETSEL, AN INFANT, BY HER MOTHER AND NEXT FRIEND, DETSEL
v.
BOARD OF EDUCATION OF THE AUBURN ENLARGED CITY SCHOOL DISTRICT ET AL.

U.S. | 1987-12-07
No. 87-615
484 U.S. 981 Supreme Court of the United States (1987) Positive Treatment
Cited by 6 cases

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  • …services at issue. See, e.g., Neely v. Rutherford County School, 68 F. 3d 965, 972-973 (CA6 1995), cert. denied, 517 U. S. 1134 (1996); Detsel v. Board of Ed. of Auburn Enlarged City School Dist., 820 F. 2d 587, 588 (CA2) (per curiam), cert. denied, 484 U. S. 981 (1987). We granted the District’s petition to resolve this conflict. 523 U. S. 1117 (1998). [*73] b-i H — t The District contends that § 1401(a)(17) does not require it to provide Garret with “continuous one-on-one nursing services” during the scho…
  • …— does not become instantly “related” when it can be implemented by persons other than licensed physicians. The post-Tatro case of Detsel v. Board of Education of Auburn, 637 F.Supp. 1022 (N.D.N.Y.1986), aff'd 820 F. 2d 587 (2d Cir.), cert. denied, 484 U.S. 981, 108 S.Ct. 495, 98 L.Ed.2d 494 (1987), is even more on point. There a district court found that intensive [*644] life support services necessary to maintain a child in school fell outside the “related services” mandated by the Act and “more closely…
  • Detsel v. Louis Sullivan, M.D., 895 F.2d 58 (2d Cir. 1990)
    …17), in contrast to the more routine medical procedures that courts had recently found to be “related services” under the act. Detsel v. Board of Educ., 820 F. 2d 587 (2d Cir.1987) (per curiam), aff'g, 637 F.Supp. 1022 (N.D. N.Y.1986), cert. denied, 484 U.S. 981, 108 S.Ct. 495, 98 L.Ed.2d 494 (1987). Cf. Irv [*61] ing Independent School Dist. v. Tatro, 468 U.S. 883, 104 S.Ct. 3371, 82 L.Ed.2d 664 (1984) (intermittent bladder catheterization, which child could soon perform herself, is “related service” under…

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