Originally Posted by Mrs.Ky:
Section 504 protects qualified individuals with disabilities. Under this law, individuals with disabilities are
defined as persons with a physical or mental impairment which substantially limits one or more major life
activities. People who have a history of, or who are regarded as having a physical or mental impairment that
substantially limits one or more major life activities, are also covered. Major life activities include caring for
one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some
examples of impairments which may substantially limit major life activities, even with the help of medication or
aids/devices, are: AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment,
diabetes, drug addiction, heart disease, and mental illness.
I would say this child falls under special needs. You are right not all kids who use a neb machie are special needs my oldest Son has one he has ashtma but it only acts up when he is sick with a cold thats it. Provider stated DCG had trouble breathing and needs a neb machine by doctors orders alls doctor has to do is write on paper that the child needs this machine to breathe on a daily basis and she will be deemed special needs as this LIMITS her daily funcation of life.
Nah
Missing a few days of day care isn't a major life activity.
I'm just saying that if the child needs respiratory therapy and it is a burden of time and money for the provider she needs to have a client base to support the care of the child or the funding from indirect sources.
If she doesn't have that funding then she needs to be clear to the parents that her business can't sustain the child's care needs.
She CAN collect fees for the care IF the child is just acutely ill and doesn't have any proper documentation that the illness at this time "substantially limits any major life activities".
The disability act gets thrown into a lot of conversations about mildly or acutely ill children who do not have a "life altering" condition at all. We need to know the difference and have the documentation to support it.