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On March 3, 1999, the United States Supreme Court ruled that students with disabilities, who require special care during the school day, are entitled to that care at public expense, as long as the services can be provided by someone other than a doctor. The Court stated, "Congress intended to open the door of public education to all "qualified children" and "to educate handicapped children with non-handicapped children whenever possible". The court held that puiblic financing was required under the Individuals with Disabilities Education Act (IDEA) because the Federal law's exemption for "medical services" applied only when a doctor's help was needed.

The ruling was a victory not only for high school sophmore Garret Frey of Cedar Rapids, Iowa; but also for many other familes of children with disabilities. Frey, who became a quadriplegic after a motorcycle accident, depends on a ventilator, required urinary catherization, suctioning of the tracheostomy, blood pressure monitoring and assistance with eating and drinking.

In 1993, Garret's parents asked the school system to pay the $20,000 to $30,000 a year for the care. The average per-pupil cost for regular students nationwide is $6,495.

About six million students nationwide have special needs. According to the National School Board Association, the Court's decision could affect 17,000 students nationwide who require "significant assistance".

Federal Special Education Law, first approved in 1975, provides that all children with disabilities receive a "free appropriate public education". Under the law, public schools are required to provide various "special education and related services", but an exception is made for medical treatment.

Parents of children requiring special education benefits should be advised to:

• Review their IEP with an attorney in light of the Court's recent decision, especially if their child is in need of "significant services", or is medically omplex or ventilator dependent;
  
  
• The family should coordinate their private health insurance benefits and special education benefits in order to save the lifetime maximum of the private health insurance policy;
  
  
• Private health insurance companies, who have previously been paying for aides while a child was in school, may now attempt to shift those costs to the school district in view of the Garret Decision.