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Re: [IP] Re: Administrative procedures, students using insulin p

> I need feedback from parents or an attorney with regard to testing
> at THE STUDENTS DESK.  The school district has finally realized that
> there are kids who have been testing at the desk and sought the
> advice from their school districts attorney.  Their procedure reads
> as follows: glucose testing will not be permitted at the student's
> desk. All testing must be completed away from other students in
> order to prohibit the possibility of blood contaminationand/or blood
> splattering of other students. Upon completion of testing, all
> sharps must be placed in an appropriated container. ( they want the
> child to go to the back of the room. This must occur from the
> elementary level through the high school level) When I mentioned the
> 504 act(thankyou Curtis) and stated that my child's needs were not
> being accommodated and that going to back of the room would be
> disruptive to the educational process. His answer was "I must
> protect the other students from blood born diseases, mostly
> hepatitis, and that this is not negotiable. He, The director of
> student services, said there were 3 incidences of exposure in 1999
> from student testing. There is a meeting on 9/14 with the school
> board. Can anybody help.  THANK YOU!!!     Alecia (mother of Ian,
> pumping since 8/99)

More info

Be prepared to get a possible ration of s--t from the school, they
sometimes don't like to deal with 504's. 

Here is the hard-line drill (if needed)

1.) Set up an individual health care plan(IHCP) with your school
nurse(or health office coordinator). BE VERY SPECIFIC. This document
needs to be signed by the school district's physician, along with your
endo, so anything written in it is considered a doctor's order. School
nurses will need to comply or risk losing their nursing license.

2.) If your child already has an EXISTING IEP for educational
purposes, then you can attach a copy of the IHCP to the IEP as an
additional safeguard, but you cannot write classroom specifc goals
related to health conditions within an IEP.

3.) If the above tactics don't work, then set up a 504 plan, in
addition to(not in repacement of) the IHCP. This forces your school
distict to comply or lose federal funding.

Call your state board of education, they can give you the name of your
region's special needs advocate. They'll attend any meeting with you
and are there for the benefit of you and your child. Its free and , at
least may bear as much weight wih school systems as threatening a

                 Appropriate Accommodations Under Law

                 Any school receiving federal funding must accommodate
                 the special needs of its students in order to assure
                 them a "free, appropriate public education." Such
                 accommodation should be documented in either a
                 Section 504 plan or in an Individualized Education

                 Work with the school in establishing written
                 documentation of accommodation explicitly detailing
                 the specific needs of your child with diabetes. 

                 Your written plan might include allowances for: 

                    1.Eating whenever and wherever necessary. 
                    2.Going to the bathroom or water fountain. 
                    3.Participating fully in all extra-curricular
                    activities, including sports
                      and field trips. 
                    4.Eating lunch at an appropriate time with enough
                    time to finish eating. 5.Being out sick more often
                    than the traditional limit. 6.Assistance with
                    blood glucose monitoring or insulin injections,

                 These are examples of some of the things to include
                 in an individual plan. Consult your child's doctor
                 when determining your individual recommendations. 

                 Your Rights 

                 As the parent or legal guardian of a child with
                 diabetes in the public school system, you have the

                    1.To request that your child be found eligible for
                    special services. 2.To schedule a meeting with
                    school officials to develop an
                      Individualized Education Program (IEP) under
                      IDEA or a Section 504 accommodation plan to
                      address your child's specific needs. 
                    3.You have the right to bring experts to this
                    meeting to better explain
                      your child's diabetes management. 
                    4.To develop an IEP or Section 504 plan to
                    accommodate the unique
                      requirements of your child. This plan may
                      precisely set out the types of special related
                      services your child needs to receive. 
                    5.To not sign a plan unless it conforms to your
                    child's medical needs.
                      The law requires that all parties agree to the
                      individual plan before it is established. Be
                      reasonable, but stand firm. 
                    6.To be notified and agree to any proposed changes
                    in your child's
                      plan, to be included in 
                    7.conferences and meetings held to review
                    individualized programs
                      and to approve these changes before they are
                    8.To expect confidentiality of all information
                    concerning your child.
                      No one may see your child's records without your
                      written permission. (There are exceptions to
                      this for school personnel with legitimate
                      educational purposes.) 

                 Facing Discrimination


                 The first step is to educate the school personnel.
                 Use the process of developing an IEP or Section 504
                 plan to educate the school officials about diabetes
                 and how it affects your child. Often, school
                 personnel just do not understand and they are not
                 intentionally discriminating against your child. 


                 During the process of developing your child's
                 individual accommodation plan, you will need to
                 negotiate with the school officials. If the school
                 personnel are wary about making accommodations, it is
                 important for you to know that it is your right to
                 ensure reasonable accommodation. However, you are
                 likely to come to a settlement more easily if you
                 attempt to understand the concerns of the school
                 personnel and negotiate toward an agreement suitable
                 to both parties. 


                 If your child's needs are not being recognized, then
                 you have no choice but to file an administrative
                 complaint with the Department of Education in your
                 state. After exhausting all of your other options,
                 seeking protection in the courts may be necessary to
                 ensure that your child receives a free, appropriate
                 public education. 


                 For information about diabetes:

                 American Diabetes Association
                 1660 Duke Street 
                 Alexandria, VA 22314 


                 For information about an Individualized Education
                 Program or Section 504 Accommodation Plan:

                 National Information Center for Children and Youth
                 with Disabilities P.O. Box 1492 Washington, DC 20013 


                 For technical assistance and referrals for local

                 National Parent Network on Disabilities 
                 1727 King Street, Suite 305
                 Alexandria, VA 22314 

                 (703) 684-6763 
email @ redacted
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