Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66, 15 (1999)

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80

CEDAR RAPIDS COMMUNITY SCHOOL DIST. v. GARRET F.

Thomas, J., dissenting

services" 1 to require school districts in participating States to provide "school nursing services" (of which we assumed catheterization was a subcategory) but not "services of a physician." Id., at 892-893. This holding is contrary to the plain text of IDEA, and its reliance on the Department of Education's regulations was misplaced.

A

Before we consider whether deference to an agency regulation is appropriate, "we first ask whether Congress has 'directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.' " National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U. S. 479, 499-500 (1998) (quoting Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 842-843 (1984)).

Unfortunately, the Court in Tatro failed to consider this necessary antecedent question before turning to the Department of Education's regulations implementing IDEA's related services provision. The Court instead began "with the regulations of the Department of Education, which," it said, "are entitled to deference." 468 U. S., at 891-892. The Court need not have looked beyond the text of IDEA, which expressly indicates that school districts are not required to provide medical services, except for diagnostic and evaluation purposes. 20 U. S. C. § 1401(a)(17). The majority asserts that Tatro precludes reading the term "medical serv-1 IDEA currently defines "related services" as "transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education . . . ." 20 U. S. C. § 1401(a)(17) (emphasis added).

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