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Islets of Hope state laws affecting diabetes care in California schools |
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Information for this article was compiled and edited by Lahle A. Wolfe. See website disclaimer. Source: Important Disclaimer This information for general information purposes only. It is not intended to be used a recommendation or endorse- ment of any program or entity This information is not intended to serve as any form of medical or legal advice. California State Diabetes Insurance Coverage Laws Federal Laws Pertaining to Persons with Diabetes
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California - State Laws Affecting Diabetes Care in Schools Back to main CA Education Laws 1. What is the California diabetes school care lawsuit, and why was it filed? In October 2005, Disability Rights Education and Defense Fund (DREDF) working with the law firm of Reed Smith LLP filed a lawsuit against the California Department of Education (CDE) and two school districts (the San Ramon Valley Unified School District and the Fremont Unified School District) on behalf of the American Diabetes Association (ADA) and four children with diabetes. The lawsuit was filed because many school districts in California were providing inadequate health care to students with diabetes. For example, some districts were refusing to make any school personnel available to administer insulin to a child who cannot self-administer. After a long period of negotiations, settlement agreements were reached with CDE and both school districts. Back to List of Questions and Answers 2. What has the California Department of Education agreed to do as part of the settlement of the lawsuit? In August 2007, CDE issued a document called “Legal Advisory on Rights of Students with Diabetes in California’s K-12 Public Schools” to all California school districts. A copy of the Legal Advisory is available at: http://www.dredf.org/advocacy/CDE Legal Advisory on Rights of Students with Diabetes.pdf. This document explains the rights of public school students with diabetes to school health care and other services at school. It gives detailed information about a district’s legal obligations - that is, what your school must provide for your child. Many of the topics covered in this document are discussed in more detail in the Legal Advisory. In addition, as part of the settlement, CDE has agreed to improve its handling of diabetes-related complaints and greatly increase its monitoring of local district compliance with the law. Back to List of Questions and Answers 3. Where will needed diabetes care happen? Diabetes care should be provided wherever your child is on campus, on the school bus, and at off-campus activities. If you request it and your treating physician authorizes it, your child will be permitted to check his or her blood glucose level and to otherwise provide diabetes self-care in the classroom, in any area of the school or school grounds, during any school-related activity, and, upon specific request by you, in a private location. Back to List of Questions and Answers
Helpful Links
This information was provided courtesy of Disability Rights Education & Defense Fund (DREDF) and the American Diabetes Association (ADA).
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