Legal Rights of Students with Diabetes

First Edition, October 2005 (updated October 2007)
Prepared By: James A. Rapp, Shereen Arent, Brian L. Dimmick, Crystal Jackson
Please be aware that this notebook is not legal advice and cannot substitute for the advice of a licensed attorney in situations where legal advice is needed. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

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Acknowledgements

About the Authors

List of Abbreviations

Introduction

1. What is this Notebook and How Should it Be Used?

2. What Should Advocates Know About Diabetes?

3. What Are Key Terms and Concepts for Diabetes Advocates?

4. What Legal Protections are Available for Students?

Note: The Americans with Disabilities Act Amendments Act impacts both Section 504 and the Americans with Disabilities Act. As a result, Section 4.5 and the accompanying notes will not apply to discrimination occurring on or after January 1, 2009.

5. How Should Needed Services and Accommodations Be Requested?

6. What is the Process for Deciding Which Services and Accommodations Will Be Provided?

7. How Should Needed Services and Accommodations Be Documented?

8. What Diabetes Care Services and Accommodations Should Be Provided?

9. Who Should Provide Diabetes Care to Students?

10. May Diabetes Care Tasks Be Performed by Non-Medical or Non-Nursing Personnel?

11. What Academic Modifications Should Be Provided?

12. What Accommodations Should Be Provided Outside the Classroom or the School?

13. How Does Diabetes Affect Student Discipline?

14. How are Disagreements Resolved?

15. Are State Tort Remedies Available in the School Setting?

Supplemental Information