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Re: [IP] pump at school mistaken for beeper

> In a message dated 3/23/2002 12:21:36 PM Central Standard Time,
> email @ redacted writes:
> > I usually like to snip messages, but all should read this again. I 
> > screams 504 plan 504 plan 504 plan 504 plan 504 plan 504 plan 
> > 
> > I can't overstate how important it is for ANY DIABETIC CHILD IN
> > PUBLIC SCHOOL to have a 504 plan. 
> > 
> In my school district 504 is not nearly as enforced as Special

> Education. It is my understanding that a diabetic child qualifies as
> OHI (Other Health Imparied) and is entitled to an IEP. I just had a
> 5 hour IEP meeting for a diabetic student YESTERDAY!

The IEP does not have the TEETH that 504 does, it is resource based. 
IF the district does not have the resources then they can cut 
corners. A diabetic child may have only a 504 or both a 504 and an 
IEP if there is some educational impairment that needs to be 
addressed because of the health disability -- this could be as simple 
as access i.e. wheel chair bound kids. Many districts put all the 
kids with disabilities in one particular school to minimize the 
overhead. In our district we have three middle schools. All the kids 
with physical disabilities that require special access and those with 
learning disabilities go to one of those schools which has special 
facilities and a large group of specialized teachers. Kids with 
diabetes do NOT fall into this group. Except for the need for self 
administered insulin, they are not different than the general school 
population and are not treated differently. This is pretty much true 
nationwide as I understand it. Under usualy circumstances, there 
would be no need for an IEP for a child with diabetes and there is 
some argument over whether or not our kids even qualify under a 
strict intrepretation of the law. I really don't have any argument 
one way or the other about it since 504 is the big gun for kids with 

There are three different laws that cover a diabetic child in 
the public school situation. Each has areas of application.

1) the Americans with Disabilities Act, this law
prohibits discrimination in public places. i.e. the shcool
Issues under ADA rarely come up, but this could be used effectively 
in the private school situation where discrimination is obvious like 
refusal of service.

2)  the Section 504 of the Rehabilitation Act, which
gives our kids the right to have a 504 accommodation plan, any 
component of your child's diabetes care plan must be allowed, some 
schools try to deny kids this plan, hoping that parents will not know 

3) IDEA which allows students with diabetes to receive
educational help form the Special Ed dept if their
disease warrants.

IEP is usually put in place to cover Special Ed requirements or other 
educational needs that are related to a child's disability. Except 
for extra time to deal with bg problems during timed testing, there 
is usually little to address in and IEP for a child with diabetes. 
This can easily be handled under the child's 504 plan.

504 addresses issues, specifically: medical needs, testing, 
administration of needed drugs (insulin for a diabetic), food for 
lows, carrying a cellphone for emergency advice of parents, etc...  
All the things the school usually balks at if they are uncooperative.

Please remember unlike the other laws that require a suit and a 
judgement to achieve a penalty / remedy, compliance with section 
504 is linked directly to federal funds received by the school 
district which can be witheld without court action. A complaint 
sustained about failure to adhere to 504 requirements has very 
serious consequences to the district and is an effective tool to get 
proper treatment for a child with diabetes, much more so than 
anything available under other sections of the law that require you 
to go to court to get anything done. School authorities that know 
this and do not wish to comply frequently will try to disuade parents 
from requesting a 504 meeting or make statements in a 504 meeting 
that "they don't do A, B, or C". In reality, they have NO CHOICE but 
to comply with any reasonable request. What is reasonable includes:

testing in the the classroom
administration of insulin in the classroom
snacks in the classroom
bathroom breaks as needed ON DEMAND
extra time and/or rescheduling of timed tests
  .. highschool kids taking SATS and SAT II's should note this
phone calls to parents or other support or medical personel as needed
  .. this may mean that the child carrys a cell phone
always having trained personel on campus to administer glucagon

You can choose to let as much or as little of this slide as you like, 
but if you want it, the school district must provide it or face loss 
of federal funding.

email @ redacted
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