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Fast Click to Diabetes Legal Information

Federal & State Laws Protecting Children & Adults with Diabetes in:

Public Schools
Private Schools
Daycare Centers
Colleges & Universities
Workplace

Other Legal Information

Diabetes Discrimination & Legal Resources

Insurance Laws

Laws & Policies for Traveling with Diabetes

Diabetes Legal Headline News

Research & Ethics Laws


Have a question about diabetes discrimination?

Post your question to IOH's "Ask the Lawyer" Jeffrey I. Ehrlich; father of a child with type 1 diabetes, and an appellate attorney specializing in diabetes discrimination legal issues.


UNPRECEDENTED CLASS ACTION CIVIL RIGHTS COMPLAINT:
Children with Diabetes Sues CA School Districts for Denial of Glucose Monitoring and Insulin Administration At Schools

(OCTOBER 11, 2005, Oakland, CA) - Four elementary school-age students, along with the American Diabetes Association, filed an unprecedented civil rights complaint today in U.S. District Court for the Northern District of CA seeking class action relief against the CA Superintendent of Public Schools, the CA Department of Education, members of the California Board of Education, the San Ramon Valley Unified School District, the Fremont Unified School District, and their Superintendents and Boards of Trustees.

 

diabetes legal information education and daycare facility laws

Federal Laws Protecting Children with Diabetes
in Day Care Centers


Federal Laws - Understanding your Child's Rights in Child Day Care Centers

Section 504

Section 504 is a civil rights law that prohibits schools and child care facilities (as well as many other institutions and businesses) the receive federal funds from discriminating against people on the basis of disability, and this does include private schools.

According to Wright's Law:  

    Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.

    Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Fewer procedural safeguards are available for disabled children and their parents under Section 504 than under IDEA.


Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (ADA)
(Also, contains many links to more day care information and resources)

Americans With Disabilities Act (ADA)

The Americans With Disabilities Act is also a civil rights law that protects students with disabilities, including those with diabetes.  This law protects students in both public and private school settings --  unless the school is run by a religious entity." Courts have found that children with diabetes are covered by BOTH the ADA and Section 504 laws.

Individuals With Disabilities Education Act (IDEA)

The IDEA is the federal law that funds special education services for children with disabilities.  According to Francine Ratner Kaufman, MD, head of the division of endocrinology and metabolism at Children's Hospital in Los Angeles, in order to qualify under the IDEA, "a student's diabetes must impair his or her ability to learn so that the student requires special education."  Children with diabetes may suffer cognitive problems when blood glucose levels are either too high or too low. They may benefit from simple accommodations like not having to take tests when glucose levels are abnormal, or being permitted to have a snack during long exams.

Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (ADA)


Child Care Centers - Understanding your Child's Rights

Diabetes Care in the School and Daycare Setting - American Diabetes Association, Diabetes Care 2005 28: S43-49. [Extract]    [Full Text]

Advocating for the Child With Diabetes - William L. Clarke, MD, Diabetes Spectrum, Volume 12, Number 4, 1999, Page 230.

Child Care Settings and the Americans with Disabilities Act (ADA) - Includes description of the ADA and what it encompasses including who is covered under this Act and what accomodations are required.  Also, answers if part of the cost can be passed on to parents.

Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (ADA)
(Also, contains many links to more day care information and resources)

American Diabetes Association

Colorado Prevention & Control Program: Children with Diabetes in School & Daycare Centers

   

 

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Page Updated 03/01/2006