In Small v. Shelby County Schools, 49 IDELR 195 (Tenn. Ct. App. 2008), it was ordered that a school pay $130,000 in hospital bills for a student with severe asthma because of its failure to provide notice of the student's medical condition to the physical education teacher. The district had a procedure for notifying medical concerns of students to all appropriate teachers; however, they did not follow it so the district was liable. However, since the parents did not request an adapted PE program, they were 20% responsible for the injury.LEA's must take the initiative to do what is in the best interest of students and follow procedures for disseminating information.
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