[Previous Months][Date Index][Thread Index][Join - Register][Login]
[Message Prev][Message Next][Thread Prev][Thread Next]

[IP] ADA-504 risk analysis

This was downloaded from the ADA site some time ago when we were battling
the ignorance of school officials thinking that BG testing was reg. by OSHA.
The 4 points below should be considered when evaluating if testing in the
classroom is OK or not.  An honest eval of the risk coupled with the OSHA
guidelines for reg. waste (posted earlier) should come up with a yes to
in-class testing

(Just as a warning to those who are currently fighting this battle.  All of
the reasoning and information and letters from doctors did nothing.  But
after 8 months of meeting and education they saw the light.  BECAUSE WE
MENTIONED THAT THEY WOULD BE SUED.  Viola! we were allowed into the

>From ADA-504 site........

"In determining whether an individual with a disability poses a direct
threat, including an individual with a contagious disease, the factors to be
considered include:
(1) the duration of the risk;
(2) the nature and severity of the potential harm;
(3) the likelihood that the potential harm will occur; and (4) the imminence
of the potential harm.
Part of the reasonable accommodation determination is an analysis of whether
the individual can be accommodated in a way that eliminates the direct
threat or reduces it to an acceptable level. For example, an employer would
not be required to hire an individual who is blind to drive a bus, but
several courts have said that disabilities such as diabetes do not
automatically preclude an individual from holding a bus driverūs job. The
key here is to obtain individualized medical information about the
limitations that are posed by this workerūs disability and the probable harm
that this individualūs specific physical or psychological problems will pose
for the position in question."

"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. "

End copy from ADA.....

So there is little to no risk, OSHA doesn't care about it and kids are to
"participate fully in all programs".  Looks like to me, testing in the
classroom is almost mandatory, as long as, the kid is self sufficient.

for HELP or to subscribe/unsubscribe, contact: HELP@insulin-pumpers.org
send a DONATION http://www.Insulin-Pumpers.org/donate.shtml