Back to Breatheasyville Home- Helping Hoosiers with Asthma

Regulations Coordinator : Asthma Management in Schools

It is helpful to have a staff member that is familiar with school and disability regulations. The Regulations Coordinator must be familiar with Rule 410 IAC 6-5.1 Sanitary Schoolhouse Rule. This Indiana Code details how schools are required to be constructed and maintained.
Another Indiana Code that may apply to students with asthma is IC 20-33-8-13 Possession and self-administration of medication permitted. Students with proper documentation are allowed to self-administer medication such as an inhaler. The Indiana Chronic Disease Management website has a printable form that can be used: Permission to Carry Asthma Medications to School Contract. An authorization form must be completed each year. All forms should be kept in a central location for accessibility.
Children with asthma have disease symptoms that could limit one or more major life activities- breathing. This may qualify as a disability when diagnosed by a physician. There are regulations that apply to students with disabilities including the Americans with Disabilities Act (ADA), Rehabilitation Act  and Individuals with Disabilities Education Act (IDEA). The ADA prohibits discrimination on the basis of disability. Section 504 of the Rehabilitation Act give persons with disabilities the right to free appropriate public education , while IDEA provides funds to help schools serve students with a disability, when schools follow specific requirements. To be protected under the Rehabilitation Act, a student must be determined to:

  1. Have a physical or mental impairment that substantially limits one or more major life activities;
  2. Have a record of such an impairment, or
  3. Be regarded as having such an impairment.

Evaluation Determination

  • School districts are required to individually evaluate a student before classifying the student as having a disability, providing the student with special education, and that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. Specific evaluation requirements for Section 504 regulation are at 34 C.F.R. 104.35.
  • If it is determined that the child requires special education and related services, an individualized education program or accommodation plan must be developed and implemented.  This may involve coordinating other policies with the accommodation plan, such as "Zero Tolerance" drug policies that do not make allowances for some students who must have medication on their persons at all times.