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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
Legal Counsel in California If you live in the state of California, attorney Jeffrey I. Ehrlich can assist you in resolving disputes with your insurance company. | ||||||||
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California - State Laws Affecting Diabetes Care in Schools Back to main CA Education Laws (Continued) 8. Which school personnel can administer insulin to my child? California law permits insulin to be administered by school nurses (and other licensed health care professionals), students who are self-administering, parents, family members or friends. Any of these people can also assist a child who is selfadministering his/her insulin and California law also provides that other school employees (like classroom teachers and school office staff) can assist students with insulin self-administration and can administer insulin in the case of a school emergency. An important question is whether these other school employees who are not medical professionals can administer insulin in non-emergency situations. While there is disagreement about what California law says on the subject, the CDE Legal Advisory makes clear that school districts must meet requirements of federal law—even if school nurses or the other individuals listed above are not available. This means that training teachers, office staff, health aides or other school employees to administer insulin at school or school-related activities to a student whose IEP or Section 504 Plan requires insulin administration is a valid practice under federal law. For example, if your child needs someone to administer insulin in accordance with his or her 504 Plan or IEP, and no school nurse is available, another trained school employee can administer insulin. School districts may not require you to come to school to administer insulin to your child, to find other family members or friends to do so, or to change your child’s diabetes regimen so that he or she doesn’t need insulin administered as often at school. Back to List of Questions and Answers 9. Can my child be forced to go to a different school to get diabetes care? No. School placement decisions may not be based on the unwillingness of a school or district to provide needed care for diabetes at the school your child would otherwise attend. A school or district may not require you to agree to send your child to any particular school as a condition of administering medications or assisting your child in the administration of medication at school. Back to List of Questions and Answers 10. Will I have to sign a waiver of liability before my child can receive needed care? The CDE’s Legal Advisory states the school cannot require you to waive any rights, hold the school district harmless, or agree to any particular placement or services as a condition of school personnel providing care to your child. Back to List of Questions and Answers 11. What academic services and modifications is my child entitled to receive? Your child may need academic services and adjustments because of diabetes, such as changes in the time of physical education class, changes to the normal school day schedule (breaks to treat hypoglycemia or hyperglycemia, changes in times for exams, food intake, assignment due dates, etc.). These services should also be documented in a Section 504 Plan or IEP, as discussed above. 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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