Karen is a 6-year-old with a condition requiring that a tracheal tube be permanently placed in her throat. She has no mental disabilities requiring special education.

Occasionally the tube becomes clogged, and a relatively simple emergency procedure is required to clear the tube. If it is not performed within a few minutes, Karen could die.

The teacher in the regular classroom in which Karen is to be placed has been told of the situation and that training for the procedure will be provided to the teacher before Karen begins class. The teacher is concerned about liability should something go wrong.

In addition, she feels that teachers should not be required to perform these procedures.

Is the school required to admit Karen? May the teacher refuse to have Karen in the class?

If so, what steps should the teacher take to protect herself from liability? What if the teacher’s union agreement or contract states that teachers are not required to perform such services? What happens on a day when the teacher is absent?