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Re: [IP] Re:glucose testing at school

>    Happy pumping to everyone. I am the mother of a 10 yr. old
>    pumper. We had
> yet another meeting with the school board in their study session.
> They have conceded on most issues except one. They insist that
> glucose testing at the desk occur only on the perimeter seats. In
> other words, if you are in the front row, back or side rows you may
> test. So now until graduation my son will need to sit in these seats
> if he wants to do glucose testing. Their decision is not based on
> any sound medical basis other than they would have to deal with
> fewer parents if blood got on another student which has occurred in
> our district according to administration.

This directly contravenes federal law. They may not impose such
restrictions without reason and the reasons given are not adequate.

Sixth grader wins lawsuit against school district over bg testing Read
this article!

Another Article, better explanation Read this one too!

at: http://www.insulin-pumpers.org/links.shtml#kids

>        Another thought has anyone filed an act 504 which
>        contradicted a
> school policy or procedure?

There is no requirement on your part to agree to their terms. Quite
the contrary. They must agree to the reasonable accomadations you've
requested or risk loosing federal funding in addition to being
subject to other disciplinary action. Section 504 of the
Rehabilitation Act, gives our kids the right to have a 504
accommodation plan, any component of your child's diabetes care plan
MUST BE ALLOWED, schools cannot deny kids this plan. It sounds like
they are trying to do this hoping that you don't know any
better and will cave in.

The  language of the law states
""Section 504 states that "no qualified individual with a disability in
the United States shall be excluded from, denied the benefits of, or
be subjected to discrimination under" any program or activity that
either receives Federal financial assistance or is conducted by any
Executive agency or the United States Postal Service. ""

Being forced to sit in specific seating is no different that being
forced to sit at "the back of the bus".

Should the District segregate disabled students, on buses, at recess,
during lunch, classtime, field trips, etc., it must stand ready to
demonstrate that the segregation was necessary for the disabled child
or children in question to BENEFIT The presumption is that the
disabled child will be educated with regular education children.

Section 504 presumes a regular classroom placement for the child (or
education in the mainstream). This presumption also exists in IDEA,
but is even stronger in Section 504 since the disabilities encountered
in Section 504 students are typically less severe. A placement other
than the regular classroom is only appropriate if the disabled child
cannot be educated satisfactorily in the regular classroom with
supplementary aids and services such as a behavior management plan,
classroom modifications, assistive devices, counselling, etc. Section

Specifically, the placement (or in this case the seating) of the
child can be made for the child's benefit, but NOT the benefit of
other children or the concerns of the other children's parents.

Finally, 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 lawsuit.

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