Americans with Disabilities Act (ADA)
Purpose
Prohibits discrimination against qualified individuals with disabilities. Also prohibits retaliation for asserting the right not to be discriminated against.
What children are covered?
The standard is the same as Section 504 of the Rehabilitation Act or other parts of the ADA.
What schools are covered?
All public and private schools and day care centers except those run by religious institutions.
What must the school provide?
The school must not discriminate against a child with a disability and is required to make reasonable changes in its practices and policies to avoid discrimination and to afford children with disabilities an equal opportunity to participate unless doing so would impose an "undue burden."
Process under the Americans with Disabilities Act
- Educate the school about diabetes and the accommodations your child needs to manage diabetes in school.
- Negotiate with the principal, school board, teachers, and school other staff to get these accommodations.
- If the school receives federal funds, parents can either file complaint with Office of Civil Rights (as with 504), or file a lawsuit directly in court.
- If the school receives federal funds, you can file complaint with the United States Department of Justice or file a lawsuit directly in court.
|
