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Your School and Your Rights

Published:
1-March-2005

Children with diabetes sometimes face problems in obtaining the care they need in schools and day care centers. The following information will help you understand the rights of children with diabetes and what you can do to make sure your child receives fair treatment.

Legal Information

Federal Education Laws Affecting Children with Diabetes

Students with disabilities have a right to a "free, appropriate public education" without discrimination. In addition, children in many private schools and day care centers are protected against discrimination on the basis of disability. These rights are guaranteed by the following federal civil rights and education laws.

Section 504 of the Rehabilitation Act of 1973
Section 504 protects individuals with disabilities against discrimination in any program or activity receiving federal financial assistance. This includes all public schools and day care centers and those private schools and centers that receive federal funds. To qualify for protection under Section 504, a child must have a physical or mental impairment that substantially limits one or more major life activities (such as learning), have a record of such an impairment, or be regarded as having such an impairment. Parents of qualifying children have the right to develop a Section 504 plan with their child's school. Schools can lose federal funding if they do not comply with this law.

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The Americans with Disabilities Act
The Americans with Disabilities Act prohibits all schools and day care centers, except those run by religious organizations, from discriminating against children with disabilities. The standard for coverage is the same as under Section 504.

Individuals with Disabilities Education Act (IDEA)
Under IDEA, the federal government provides financial assistance to state and local education agencies in order for these agencies to provide a "free, appropriate public education" to qualifying children with disabilities.  In order to be covered by IDEA, a child with diabetes must show that the disease adversely affects his or her educational performance.  Once shown, parents and school officials develop an Individualized Education Program (IEP).

In addition to these federal laws, some state laws provide additional protections

Your Rights

As the parent or legal guardian of a child with diabetes, you have the right:

  • To have your child assessed under IDEA and/or Section 504
  • To hold an IEP or a Section 504 meeting with school and school district personnel. You have the right to bring an advocate, attorney, and/or experts to this meeting to better
  • explain your child's diabetes management.
  • To develop an IEP or a Section 504 plan that specifically states your child's needs and the services required to meet these needs.  You do not have to sign the plan if you do not agree with it.  To begin implementation, you can sign the parts you agree with and not sign the parts that still require discussion.
  • To be notified of any proposed changes in your child's plan, to attend any meetings concerning proposed changes, and to approve any changes.

Addressing Discrimination

Educate
Educate your school personnel about diabetes and how it affects your child. This is often achieved through a combination of the Section 504/IEP process and training selected staff in the specific acts necessary to accommodate your child's needs.

Negotiate
During the process of developing your child's accommodation plan, you may need to negotiate with school officials. You do not have to sign a plan unless you agree to it. However, you are likely to reach agreement more easily if you attempt to understand the concerns of school personnel and negotiate toward an agreement suitable to everyone involved.

Litigate
If your child's needs are not being met, your have the right to file an administrative complaint or a lawsuit in court. The procedure you follow will vary depending on whether your claim is under the IDEA, Section 504, or the Americans with Disabilities Act. After exhausting your other options, seeking protection in the courts may be necessary to ensure that your child receives the education and medical care that he or she deserves.

Legislate
If you find that the current laws and policies aren't providing your child - and other children with diabetes - with the protection they need, your next step might be working to change the rules at either a local, statewide, or national level.

Accommodations

Schools and day care centers covered by the laws discussed in this section must accommodate the special needs of qualifying children.  Parents should document this accommodation in either a Section 504 plan, an IEP, or as written accommodations under the Americans with Disabilities Act.  The document should specifically state the child's disability, needs, accommodations, and how these accommodations will be delivered.

Your written plan might include accommodations such as:

  • Assuring that there are staff members trained in testing blood glucose levels, recognizing and treating hypoglycemia and hyperglycemia, and administering insulin and glucagon.
  • Allowing your child to self-administer blood glucose tests in the classroom and in other locations, and allowing your child to promptly treat hypoglycemia and hyperglycemia.
  • Insuring full participation in all sports, extracurricular activities, and field trips, with the necessary assistance and/or supervision provided.
  • Eating whenever and wherever necessary, including eating lunch at an appropriate time with enough time to finish eating.
  • Taking extra trips to the bathroom or water fountain.
  • Permitting extra absences for medical appointments and sick days when necessary.

These are examples of some of the things to include in an individual plan. Consult with your child's health care team when determining your child's requirements.

Education Discrimination Materials
The ADA has additional materials for those facing discrimination in schools and day care centers. Call 1-800 DIABETES (342-2383) for the ADA's packet on Education Discrimination.

School Discrimination Resources

 

SOURCE: American Diabetes Association
http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/scrights.jsp