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Legal and Financial Issues Associated With Providing Services in Schools to Children With Swallowing and Feeding Disorders

Nancy S. N. Alley
Richmond, VA

Contact author: Lissa Power-deFur, 9623 Lyndonway Drive, Richmond, VA 23229. E-mail: powerdefurea{at}longwood.edu.

Purpose: This review of federal statutes and regulations, state and federal administrative and case law, and policy documents is designed to provide information regarding the treatment of children with swallowing and feeding disorders in the law for the purpose of identifying best practice procedures for school personnel serving children with swallowing and feeding disorders.

Method: A narrative review of federal statutes and regulations, state and federal administrative and case law, and policy documents was conducted. The review identified prevailing and emerging policies related to serving children with swallowing and feeding issues in schools. In addition, federal standards regarding funding were reviewed for relevance to serving children with dysphagia.

Implications: Statutes, regulations, and case law establish the rights of students with health impairments, including swallowing and feeding disorders, to receive such related services as are necessary to attend school safely. Recent administrative hearings have addressed dysphagia, identifying the importance of ensuring the child's feeding safety through diet and services. School districts can receive reimbursement for services that are provided to children with dysphagia through Medicaid when said services are provided in accordance with each state's Medicaid requirements.

KEY WORDS: dysphagia, Medicaid, legislation and regulation, schools (educational facilities)

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