Know Your Rights!
It is illegal to discriminate against a person with a disability. There are three federal laws that protect people with disabilities in the school and day care settings. These laws have successfully been used to protect the rights of children with diabetes.
Section 504 of the Rehabilitation Act of 1973
This law prohibits public schools and private schools that receive federal financial assistance from discriminating against anyone with a disability. You don't need to wait until discrimination occurs to seek the protections of this law. The first step is to have your child evaluated under Section 504. Parents and school officials then meet and develop a Section 504 Plan. A Section 504 Plan would include the information listed for an "Education Plan" discussed in Chapter 10. Often, schools want to develop a Section 504 Plan so that everyone knows his or her responsibilities. Download a sample 504 plan.
The Individuals with Disabilities Education Act (IDEA)
This law covers children whose disability impairs their academic performance. It requires that such children be given a "free, appropriate public education." Your child may or may not qualify, depending on how diabetes affects his ability to learn. If he qualifies, you have the right to develop an Individualized Education Program (IEP) with his school. An IEP is similar to a Section 504 Plan but would include specific measures to address your child’s academic performance and needed special education and other related services. Learn more about the Individuals with Disabilities Education Act.
The Americans with Disabilities Act (ADA)
Among other things, this law expressly prohibits all schools and day care centers -- except those run by religious institutions -- from discriminating against people with disabilities. Its definition of disability is the same as in Section 504.
Basically, these laws say that your child has the right to go to school, play a sport, join a club, and do everything else that kids without diabetes do. They also say that public schools and other covered organizations must make "reasonable accommodations" for his diabetes. Such accommodations are to be spelled out in the Section 504 plan, IEP, or other education plan. Accommodations may include:
Assuring that there are staff
Assuring that there are staff members trained in checking bg levels, recognizing and treating hypoglycemia and hyperglycemia, and administering insulin and glucagon
Allowing your child to self-monitor blood glucose levels in the classroom and in other locations, and allowing him to promptly treat hypoglycemia and hyperglycemia
Ensuring full participation in all sports, extracurricular activities, and field trips, with the necessary care and/or supervision provided
Eating whenever and wherever necessary, including eating lunch at an appropriate time with enough time to finish eating
Taking extra trips to the bathroom or water fountain
Permitting extra absences for medical appointments and sick days when necessary without penalty
Kids with Type 2 Diabetes & Discrimination: Compared to children with type 1 diabetes, children with type 2 may face additional discrimination based on their weight. Many children and teens with type 2 diabetes are overweight or obese and may have been dealing with teasing in the school. Help your child build self esteem by encouraging him to take part in school activities, social events, and sports.
Additional Information
Lean more about your child's rights at school.
Get more information about the Americans with Disabilities Act.
For more information on your and your child's rights, call the American Diabetes Association at 1-800-DIABETES and ask for the packet on education discrimination. Or call us to discuss a specific school or day care problem with the ADA's Legal Advocate.
