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[IP] ADA info on Federal Laws at School


The American Diabetes Association is our leader in fighting school issues in
ALL courts. They don't have enough help to meet the needs.. but their web
site has some excellent information and guidelines that you can use to
educate yourself and the school personnel...

http://www.diabetes.org/main/community/advocacy/schoollaw.jsp  ONLY YOU are
your child's BEST advocate!

Connie Miller
Photography benefiting the Children With DIABETES Foundation.
If  9 out of 10 people that read this say NO, we still raise $300,000 this
year for CWDF.
If  9 out of 10 people that read this say YES, we raise 3 MILLION this year
to fund a porcine islet cell transplantation trial.
Are you with us? www.fundsfordiabetes.org

-----Original Message-----
From: email @ redacted
[mailto:email @ redacted]On Behalf Of Michael
Sent: Saturday, March 23, 2002 3:16 PM
To: email @ redacted
Cc: email @ redacted
Subject: 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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for HELP or to subscribe/unsubscribe, contact: HELP@insulin-pumpers.org
send a DONATION http://www.Insulin-Pumpers.org/donate.shtml