Living with Diabetes
Legal Protections
Families, health care providers and school nurses, administrators, teachers and other school staff are all committed to ensuring that students with diabetes can learn in a safe environment that promotes academic success and wellness. All agree these students should have the same educational opportunities as students without diabetes.
The development of a written accommodations and care plan developed under federal disability law — such as a Section 504 Plan or Individualized Education Program (IEP) — is the best way to ensure that diabetes needs are met in a way that maximizes safety, health, learning and participation.
Rights and Responsibilities
Federal and some state laws protect students with diabetes and their families against discrimination and set out the legal responsibilities of the school. Federal laws ensure that students with diabetes and other disabilities have a right to a "free, appropriate public education" without discrimination. In addition, many states have laws that require schools to train school personnel and to provide services to meet the needs of students with diabetes
Federal disability laws provide the following rights to parents or guardian:
- To have their child assessed under IDEA and/or Section 504 or IDEA
- To hold an IEP or a Section 504 or IEP meeting with school and school district personnel with an advocate, attorney, and/or experts, if desired. present to better explain the child's diabetes management.
- To develop an IEP or a Section 504 plan or IEP plan that specifically states the child's needs and the services required to meet these needs.
- To be notified of any proposed changes in the child's plan, to attend any meetings concerning proposed changes and to approve any changes.
In spite of federal legal protections, however, children with diabetes sometimes face problems in getting the care they need in schools. Often, the types of challenges can vary significantly from state to state, or even district to district.
Section 504 Eligibility Process: New Strategies, Information, and Tools for School Advocates
A visual and audio file of a live webinar presented June 30, 2009 for Advanced School Advocates and other American Diabetes Association volunteers and staff who support our Safe at School Campaign activities is now available. Download the Webinar
This webinar includes information about how the ADA Amendments Act of 2008 has clarified the definition of disability in ways that strengthen the case for ADA and Section 504 eligibility for students with diabetes. Also discussed are common roadblocks to participation in the 504 process that schools and families face, as well as strageties and tools for overcoming those roadblocks.
Americans with Disabilities Act
The Americans with Disabilities Act is a federal law that prohibits discrimination against qualified individuals with disabilities.
Section 504 of the Rehabilitation Act of 1973
Section 504 is a federal civil rights law to prohibit discrimination on the basis of disability.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) requires employers to provide up to 12 weeks of unpaid leave due to health conditions.
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) is a federal law that requires states to provide a "free, appropriate public education" to children with disabilities.
National Disability Resources
A list of other resources and organizations to focus on disability.
State Laws and Policies
State laws and regulations determine who in the school setting is allowed to perform or assist with diabetes care tasks.
