ADA Settles Lawsuit Involving Care of Students with Diabetes in California Schools

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More Resources: Joint Press Release  CDE Legal Advisory on Rights of Students with Diabetes in CA's K-12 Public Schools Q&A for CA Parents & Guardians Diabetes Medical Management Plan Sample Section 504 Plan

In October 2005, ADA, represented by the public interest organization Disability Rights Education and Defense Fund and the international law firm Reed Smith LLP, filed a class action lawsuit under federal disability civil rights and special education laws -- along with four children with diabetes and their parents – against the California Department of Education (CDE) and two California school districts, San Ramon Valley Unified School District and Fremont Unified School District.

ADA took the extraordinary step of serving as a plaintiff in the lawsuit because the schools had failed to provide adequate health services to students with diabetes and because the state failed to ensure that local school districts met their legal obligations to provide diabetes care. ADA had heard from families of young children whose school districts would not permit any school personnel to help them when they needed insulin. Ultimately, the needs of children with diabetes were not being met despite their legal rights.

On August 8, 2007, ADA was pleased to announce – with the CDE – a comprehensive and unprecedented settlement to ensure that students with diabetes are safe at school and have the same educational opportunities as their peers. As a result of the settlement, the

California Department of Education will make available detailed guidance on the rights of students with diabetes and the health care services that they need to be provided while in school.  Significantly, the state will ensure that if a student with diabetes needs insulin during the school day or at school-related activities, trained non-medical school employees may administer the insulin in the absence of a school nurse.

Ann Albright, ADA’s President, Health Care & Education, represented ADA at the August 8 announcement, and said, “Diabetes management is a 24 hour/7 days a week requirement. It doesn’t stop when parents send their son or daughter to school. As parents in California prepare to send their children with diabetes back to school, I have no doubt that because of our actions – because of this settlement – they will rest easier knowing that their children will truly be safer at school.”

This is an important milestone in ADA’s ongoing Safe at School Campaign. Moving forward, ADA will continue to work with the state on diabetes care issues.

For more information on the settlement and what it means for children with diabetes, see the links below.   

• Joint Press Release announcing lawsuit settlement (August 8, 2007)

• Questions and Answers for California Parents and Guardians

This document answers common questions that parents of children with diabetes may have about the California settlement and what it means for their child.  It is based on the CDE’s Legal Advisory, and includes information about what health care services their child is entitled to while at school or participating in school-related activities.

Sample  Plans

Links to sample documents that may be useful to parents in working with health care providers’ and school districts to get needed care.

• Diabetes Medical Management Plan

• Sample Section 504 Plan