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Fast Click to Diabetes Legal Information
Federal & State Laws Protecting Children & Adults with Diabetes in:
Other Legal Information
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.
CLASS ACTION CIVIL RIGHTS COMPLAINT:
“(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 California ...
Federal Laws Protecting Children with Diabetes
Federal Laws - Understanding your Child's Rights in Private Schools
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.
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.
Diabetes Discrimination Law, Information, and Resources Links
Diabetes at School: What a Child’s Health Care Team Needs to Know About Federal Disability Law , Diabetes Spectrum, 2002Back to School:Your Child's Rights Pediatric Endocrinologist Outlines What Parents of Children With Diabetes Need to Know, Diabetes Health Magazine, August 2002
Page Updated 03/02//2006