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Americans with Disabilities Act (ADA)

Published:
1-March-2005

Purpose
Prohibits discrimination against qualified individuals with disabilities. Also prohibits retaliation for asserting the right not to be discriminated against.

Legal Information

Federal Education Laws Affecting Children with Diabetes

What children are covered?
The standard is the same as Section 504 of the Rehabilitation Act or other parts of the ADA.

What schools are covered?
All public and private schools and day care centers except those run by religious institutions.

What must the school provide?
The school must not discriminate against a child with a disability and is required to make reasonable changes in its practices and policies to avoid discrimination and to afford children with disabilities an equal opportunity to participate unless doing so would impose an "undue burden."

Related Articles
On Our Site

Your School And Your Rights

Section 504 Of The Rehabilitation Act of 1973

504 Form

Individuals With Disabilities

Americans With Disabilities Act

Disability Rights

Process under the Americans with Disabilities Act

  • Educate the school about diabetes and the accommodations your child needs to manage diabetes in school.
  • Negotiate with the principal, school board, teachers, and school other staff to get these accommodations.
  • If the school receives federal funds, parents can either file complaint with Office of Civil Rights (as with 504), or file a lawsuit directly in court.
  • If the school receives federal funds, you can file complaint with the United States Department of Justice or file a lawsuit directly in court.

SOURCE: American Diabetes Association
http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/americans-disabilities-act.jsp
This document was prepared for the American Diabetes Association by Larisa Cummings, Disability Rights Education and Defense Fund, Inc., and Shereen Arent, Managing Director of Legal Advocacy, American Diabetes Association (March 2000)