Irving Independent Public School District v. Tatro 468 U.S. 883, 104 S.CT. 3371, 82 L.Ed.2d 664, (1993)

FACTS: Amber Tatro is an 8 year old girl born with a defect known as spina bifida. Tatro suffered from orthopedic and speech impairment and a neurological bladder, which prevented her from emptying her bladder voluntaril7. Consequently, she must be catheterized every three or four hours to avoid injury to her kidneys. In accordance with accepted medical practices, clean intermittent catheterization (CIC), a procedure involving the insertion of a catheter into the urethra to drain the bladder, has been prescribed.

In 1979, petitioner Irving Independent School District agreed to provide special education for Tatro. The school district developed an IEP program for Tatro. The IEP provided that Tatro would attend early childhood development classes and receive special services such as, physical and occupational therapy. The program made no provisions for the school personnel to administer CIC. Tatro’s parents unsuccessfully pursued administrative remedies to secure CIC services for their daughter during school hours.

In October 1979, respondents brought suit under the Education of All Children Handicap Act and also the Rehabilitation Act in District Court to provide their daughter with CIC services. After factual review, the District Court granted the respondent’s request. Petitioner appealed and the Court of Appeals affirmed the District Court’s decision. Petitioner then appealed to the U.S. Supreme Court.

ISSUE: Does the Handicap for All Children Act require school districts to provide related/medical services, such as CIC, for Tatro and whether Section 504 of the Rehabilitation Act creates such an obligation for school districts?

HOLDING: The Supreme Court held that CIC is a related/medical service under the Education of All Children Handicap Act. The Supreme Court found that Section 504 of the Rehabilitation Act was irrelevant in this case.

REASONING: The U.S. Supreme Court found that, under the Education of All Handicap Children Act, CIC falls within “related/medical” service. The Court found that the CIC is a supportive service that would keep Tatro in school therefore, affording Tatro with a free appropriate public education.