Section 504 of the Rehabilitation Act of 1973 According to this law, parents of qualifying children have the right to develop a Section 504 plan with their child’s school. To qualify for protection under Section 504, a child must have a record of such impairment, or be regarded as having such impairment.
Full Answer
What are the rights of students with diabetes?
The cornerstone right of students with diabetes is the right to receive related aids and services needed to provide equal educational opportunity, as well as reasonable modifications to policies and procedures. What is required is determined on a case by case basis. What Legal Protections are Available for Students?
Should school diabetes care fall under the policy?
While decisions about which related aids and services should be provided might fall under the policy in situations where those aids and services are directly part of the educational process, much of school diabetes care is about safety and medical management.
Can a parent with diabetes influence a school district’s personnel selection?
Accordingly, a parent or guardian of a student with diabetes generally has no “veto power” over the district’s personnel selection even where there are supposed communication problems or an “erosion of trust.”
How do court cases affect the rights of students with diabetes?
•Court cases can affect the rights of students with diabetes if they result in published opinions. Courts are organized hierarchically, and decisions from higher courts are more likely to be persuasive than decisions from lower courts.
What are my rights as a diabetic?
allow you to keep food and diabetic supplies close at hand. allow you to take regular breaks to check your blood sugar, eat a snack, take medications, or use the restroom. provide a private place for you to test your blood sugar and give yourself insulin.
Does diabetes fall under 504?
Yes. There is agreement that students with diabetes are covered under Section 504. Students are covered by Section 504 if they have a disability, defined as a physical or mental impairment that substantially limits one or more major life activities.
Is diabetes a disability for school?
The Americans with Disabilities Act is another civil rights law that protects students with disabilities. As with Section 504, children with diabetes have been found to be covered by this law.
Do you need an IEP for diabetes?
Because IEPs are so detailed and have specific requirements, school districts often use their own form. Although students with diabetes who qualify for services under IDEA are also covered by Section 504, there is no need to write two separate plans. Diabetes provisions should be included in the IEP.
What accommodations are available for students with diabetes?
Examples of special accommodations include: On-campus housing and in-room accommodations, like refrigerators for insulin and snacks. Campus meal plan, including nutritional information and access to dorms with cafeterias or accessibility to those near by. Early class registration to ensure optimal schedule.
What are some accommodations for students with diabetes?
If your student with diabetes needs to see the school nurse*, always have another person go with that student. Allow unrestricted bathroom breaks. Let the child know that it is okay to go to the bathroom whenever necessary, and have a water bottle available for when his or her blood sugar is high.
What is the 504 plan for school diabetes?
A 504 Plan is a legal (written) document specifying what “reasonable” modifications and accommodations the school must provide for a student with a disability (generally put into place for a student with a medical disability such as diabetes). Children with T1D are protected under this law.
Are diabetics covered under the ADA?
Are students with diabetes covered by the ADA? Yes. There is agreement that students with diabetes are covered under the ADA. Students are covered by the ADA if they have a disability, defined as a physical or mental impairment that substantially limits one or more major life activities.
Do Type 1 diabetics need a 504 plan?
You need a 504 Plan BEFORE you need a 504 Plan! All Type 1 Diabetic students in public school should implement a 504 Plan. The 504 should also include the details of the Diabetes Medical Management Plan. Standard T1D Accommodations will be different based on the age of the student.
Which of the following are the types of written plans a student with diabetes might have?
Which of the following are the types of written plans a student with diabetes might have?Section 504 Plan.Diabetes Medical Management Plan.Individualized Healthcare Plan.Emergency/Disaster Plan.All of the above.
Can school nurses give insulin?
These school staff can also help your child to give his or her own insulin (by verifying the dose or by watching your child give an injection or press the buttons on an insulin pump). California law also permits insulin to be administered by school nurses (and other licensed health care professionals), students who are ...
What is a 504 plan in Illinois?
In Illinois, a 504 plan outlines the accommodations, modifications, and services that students with disabilities can receive to help them participate in their educational and school-related activities. The name for 504 plans comes from Section 504 of the Rehabilitation Act of 1973.
State law
This information was prepared by the ADA, a national leader in diabetes information and advocacy. It covers state rules on diabetes care in public schools, and may not include all the important details. We strive to be constantly up to date, but laws can change. It is not a substitute for professional legal advice.
Federal Laws
Federal and some state laws protect students with diabetes and their families against discrimination at school. These federal laws include:
What is the statement of principles for diabetes?
In addition, a number of major diabetes health professional and patient organizations, as well as other health care organizations, have endorsed the Association’s statement of principles adopted as part of its Safe at School campaign, which that non-medical states personnel can provide diabetes care.
What is an accommodation plan for a student?
A student’s accommodation plan should include a means for direct communication between school personnel and qualified health care personnel, such as the school nurse, when the student leaves the school building or campus if the child’s condition warrants this accommodation. Notes .
What is Type 1 diabetes?
Type 1 diabetes was previously called insulidependent diabetes mellitus or juvenilen- -onset diabetes. Type 1 develops when the body’s immune system destroys pancreatic beta cells, the only cells in the body that make insulinInsulin is the hormone that allows glucose.
Can a person with type 1 diabetes have insulin?
This form of diabetes usually strikes children and young adults, although the disease can develop at any age. In order to survive, people with type 1 diabetes must have insulin delivered by injections or a pump and this insulin must be carefully balanced with food intake and physical activity. O .
Can a school nurse administer insulin?
However, a growing number of states explicitly allow non-nurse school employees to administer insulin and glucagon and to provide other care. The Office for Civil Rights has recognized that, where staff can be trained to provide diabetes care, a nurse or other licensed staff person is not required.
Can non-medical staff be trained?
Diabetes health care professionals agree that non-medical personnel (sometimes referred to as “trained diabetes personnel”) can and should be trained to provide diabetes care to students. These nonmedical school staff members - be trained and monitored by a should school nurse or other health care professional.
Does every school have a nurse?
The reality, however, is that not every school has a school nurse and, even where a school has a school nurse assigned full time the nurse will not always be available (e.g., at field trips and extracurricular activities). Therefore, proper diabetes care in the school setting requires delegation. Notes .
Section 504 of the Rehabilitation Act of 1973 (Section 504)
Section 504 of the Rehabilitation Act of 1973 (Section 504) provides important protections for students with diabetes attending public school or private and religious schools that receive federal financial assistance. That is, it applies to the vast majority of students.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities, including diabetes. It has provisions very similar to Section 504. It applies to public and private schools, preschools, child care centers, and camps except those run by religious institutions.
The Individuals with Disabilities Education Act (IDEA)
Under the Individuals with Disabilities with Education Act (IDEA), the federal government gives money to state and local education agencies to provide special education services to some children with certain disabilities. In order to get services, the student's disability must harm his or her ability to learn.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) requires employers to give their employees up to 12 weeks of leave without pay due to a health condition each year. It can be used to take care of children with diabetes. For example, a parent/guardian might use it if his/her child is hospitalized, or for doctor's appointments.
What is an accommodation plan for a student?
A student’s accommodation plan should include a means for direct communication between school personnel and qualified health care personnel, such as the school nurse, when the student leaves the school building or campus if the child’s condition warrants this accommodation. Notes .
What is Type 1 diabetes?
Type 1 diabetes was previously called insulin-dependent diabetes mellitus or juvenile-onset diabetes. Type 1 develops when the body’s immune system destroys pancreatic beta cells, the only cells in the body that make insulin.
What is the duty of a person to take reasonable action?
The duty imposed requires the person “to take reasonable action”: “(a) to protect them against unreasonable risk of physical harm, and”. “(b) to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others.”.
Can a person with type 1 diabetes have insulin?
This form of diabetes usually strikes children and young adults, although the disease can develop at any age. In order to survive, people with type 1 diabetes must have insulin delivered by injections or a pump and this insulin must be carefully balanced with food intake and physical activity.
Can non-medical personnel provide diabetes care?
In addition, a number of major diabetes health professional and patient organizations, as well as other health care organizations, have endorsed the Association’s statement of principles adopted as part of its Safe at School campaign, which states that non-medical personnel can provide diabetes care.
Can non-medical staff be trained?
Diabetes health care professionals agree that non-medical personnel (sometimes referred to as “trained diabetes personnel”) can and should be trained to provide diabetes care to students. These non-medical school staff members should be trained and monitored by a school nurse or other health care professional.
Does every school have a nurse?
The reality, however, is that not every school has a school nurse and, even where a school has a school nurse assigned full time the nurse will not always be available (e.g., at field trips and extracurricular activities). Therefore, proper diabetes care in the school setting requires delegation. Notes .
Educate
The first step is to educate yourself about your child's rights. You can find more information on legal rights here. Your next step is to educate the people who are stopping your student from getting the right care and treatment. The root of the problem is usually ignorance and fear about diabetes and the law.
Negotiate
If education isn't enough, you may need to negotiate. You should assume that everyone means well and wants the best for your child. You should work to come to a consensus with the school. But this does not mean compromising your student's safety or ability to fully participate in school.
Litigate
You have the right to make an administrative complaint or file a lawsuit. Both options can be effective ways to defend rights when the law is being violated. These options should only be considered after education and negotiation have failed. Seeking protection in the administrative agencies or the courts may be necessary in some cases.
Administrative Complaints
An in-between step between negotiation and filing a lawsuit is making an administrative complaint. Administrative complaints can be made free of charge to government agencies, including the Department of Education's Office for Civil Rights, the Department of Justice, or to local education agencies.
Lawsuits
In a small number of cases, filing a lawsuit in federal or state court may be the best course of action, especially when the law is clearly and willfully being violated. When deciding to bring a lawsuit, you should consider the following:
Legislate
Sometimes "bad law" is the main reason for continuing discrimination. Some of the most common barriers to fair treatment are state-determined professional practice laws and regulations related to the practice of nursing.
How to learn your rights as a public school parent?
Start by checking the standards of your state’s Department of Education, from Alabama to Wyoming. After looking to state laws, turn to your school district and child’s school for answers.
What happens if a girl is prevented from attending school?
Girls also have the right to receive equal athletic opportunities. If your student is gay, they have a right to take a same-sex date to the prom.
What to do if you are hassled by school?
If you’re consistently hassled, it’s a violation of federal law. For assistance, you can contact school district officials, an attorney, the Office of Civil Rights of the U.S. Department of Education (800-421-3481), or the American Civil Liberties Union (ACLU).
What is the right of parents to inspect their child's education records?
Right to information and participation. Parents have the legal right, via the Family Educational Rights and Privacy Act (FERPA, 1974), to inspect their child’s educational records at the school, to have them explained if necessary, to request updates and corrections, and to have their child’s education records sent to another school in ...
How many states require schools to notify parents of bullying?
Eight states (Connecticut, Louisiana, Massachusetts, Nevada, New Jersey, Rhode Island, Virginia, Wisconsin) have laws that require schools to notify parents if their child is being bullied, or is bullying other students, and 16 other states require schools to develop local policies.
Why are civil rights laws in place?
Civil rights laws are in place to protect students from bullying at all federally funded schools. Teachers and fellow students cannot harass your children about their race, national origin, color, sex, disability, ethnicity, or religion.
What can schools demand payment for?
What most schools can demand payment for is overdue library books, school lunches (unless a student qualifies for a free lunch), and student groups. If your child’s school insists on payment for an item or service that you believe should be free, you can ask the principal for the cost to be waived.
Section 504 of The Rehabilitation Act of 1973
- Section 504 of the Rehabilitation Act of 1973 (Section 504) provides important protections for students with diabetes attending public school or private and religious schools that receive federal financial assistance. That is, it applies to the vast majority of students. Section 504 prohibits schools from treating children with disabilities—like di...
The Americans with Disabilities Act
- The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities, including diabetes. It has provisions very similar to Section 504. It applies to public and private schools, preschools, child care centers, and camps except those run by religious institutions.
The Individuals with Disabilities Education Act
- Under the Individuals with Disabilities with Education Act(IDEA), the federal government gives money to state and local education agencies to provide special education services to some children with certain disabilities. In order to get services, the student's disability must harm his or her ability to learn. Some children with diabetes qualify for special education services under IDE…
The Family and Medical Leave Act
- The Family and Medical Leave Act (FMLA)requires employers to give their employees up to 12 weeks of leave without pay due to a health condition each year. It can be used to take care of children with diabetes. For example, a parent/guardian might use it if his/her child is hospitalized, or for doctor's appointments. It should not generally be used to provide care to their children at s…