Living with Diabetes
Education Materials for Lawyers
Legal Rights of Students with Diabetes
(James A. Rapp, JD, et al.) (Oct. 2007)
A guide developed by the Association to provide advocates, particularly attorneys, with comprehensive and authoritative information about the legal rights of students with diabetes. It contains information on the law, strategies for securing these rights, procedures for resolving disputes, forms and other resources.
Legal Protections for Students with Diabetes
A brief introduction to the three federal laws (Section 504, the ADA, and the IDEA) that provide legal protection to students.
"Education Law" (PDF)
(James A. Rapp, JD) (May 2008)
Excerpt from a treatise on all aspects of education law which addresses the obligations of schools under federal law to provide care and services to students with diabetes.
Sutton Investigative Guidance: Consideration of 'Mitigating Measures' in OCR Disability Cases (PDF)
(U.S. Department of Education, Office of Civil Rights, Sept. 2000)
This guidance was issued by OCR to clarify the application of Sutton v. United Airlines and other Supreme Court decisions interpreting the Americans with Disabilities Act in the educational setting.
School Services for Students with Diabetes under IDEA and Section 504: Choosing the Right Statute for Coverage (PDF)
(Victoria Thomas, JD – American Diabetes Association) (July 2009)
This memorandum explains the key differences between the two main federal statutes that offer a right to services in public elementary and secondary schools to students with diabetes, and explains some advantages and disadvantages of coverage under each. It is designed to help attorneys and advocates determine whether to seek coverage under the IDEA or Section 504 for a particular student.
The Occupational Safety and Health Act and Bloodborne Pathogens Standard: Application to Diabetes Care Tasks at School and in Employment (PDF)
(Victoria Thomas, JD – American Diabetes Association) (June 2008)
This memorandum describes the Occupational Safety and Health Act (OSHA) as it is relevant to diabetes care at work and school, specifically explaining that OSHA generally does not present barriers to performing diabetes care tasks anywhere, anytime at most workplaces and most areas in schools.
Helping the Student with Diabetes Succeed: A Guide for School Personnel (PDF)
(National Diabetes Education Program, June 2003)
Designed to educate school personnel about the needs and rights of students with diabetes. It includes information on diabetes and its proper care at school, as well as sample forms, and other resources.
Diabetes Care in the School and Day Care Setting (PDF)
Diabetes Care Volume 33, Supplement 1 (Jan. 2010)
This official position statement expresses the Association’s views on what diabetes care is needed and appropriate at school.
Sample Plans
The Association has drafted a sample Section 504 plan and a sample Diabetes Medical Management Plan, which are key documents setting out what services are to be provided to a particular student.
Sample Individuals with Disabilities Education Act (IDEA) Hearing Request (MS Word) (2008)
OCR Agreements
The U.S. Department of Education’s Office for Civil Rights is responsible for enforcing the rights of students with disabilities under Section 504 of the Rehabilitation act and the Americans with Disabilities Act. Below are several OCR decisions and settlements addressing students with diabetes.
- Irvine Unified School District (1995) (PDF)
- Henderson County Public Schools (2000) (PDF)
- Loudoun County Public Schools (1999) (PDF)
- Onslow County Public Schools (2002) (PDF)
California School Litigation
In 2007, the Association settled a lawsuit against the California Department of Education and two school districts regarding diabetes care in California public schools. The settlement included a Legal Advisory designed to inform school districts of their legal obligations to serve students with diabetes. Click on the links below to learn more about the settlement and current litigation regarding diabetes care in California schools.
