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:  
This information was provided courtesy of Disability Rights Education & Defense Fund (DREDF) and the American Diabetes Association (ADA).

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

Diabetes Assistance Programs

The Ehrlich Law Firm

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.

California law requires that your policy cover the following, when prescribed by your physican, even if the items are available without a prescription:

If your insurance company is not covering any of your diabetes supplies, please contact Jeffrey Ehrlich at The Ehrlich Law Firm to see if your rights are being violated. There is no fee for the initial consultation, and no fee if there is no recovery (court ruling in your favor).

Diabetes Laws

California - State Laws Affecting Diabetes Care in Schools
Services for Students with Diabetes in California Public Schools
Questions and Answers for California Parents and Guardians of Diabetic Children

Back to main CA Education Laws

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13.  What should I do to make sure my child receives needed care?

Here are some suggestions for working with your health care provider and your school to help ensure that school personnel understand your child’s diabetes and provide the care he or she needs, and to avoid misunderstanding and disputes between you and the school:

  • Make sure you have updated and accurate orders from your child’s treating physician that include details about all care your child needs;
     
  • Provide your school with general information about diabetes and the best model of school diabetes care using such resources such as the NDEP Guide mentioned earlier and the materials and information from ADA’s website http://www.diabetes.org/schooldiscrimination;
     
  • If you have not already done so, request that your child be evaluated for eligibility under Section 504 and/or IDEA. These laws give you and your child important rights and protections, and you should make sure you get those protections;
     
  • Make all requests for evaluations and specific services in writing to your child’s school principal (including but not limited to requests for insulin administration services).  Request responses in writing, especially if there is disagreement over what services are to be provided;
     
  • Work with school and district officials to establish good district-wide protocols that will apply to your child throughout his/her education and will help all students with diabetes. For example, the San Ramon Valley Unified School District has implemented an excellent and comprehensive “diabetes protocol” specifying how diabetes care will be provided to students, and has agreed that trained school employees other than school nurses can administer insulin to students. These documents can be accessed at http://www.diabetes.org/schooldiscrimination;
     
  • If you receive an unfavorable response from your child’s school, talk to higher level district personnel (such as the superintendent or assistant superintendent) and your school board members (who are elected officials in most communities). Provide them with a copy of the CDE Legal Advisory and request a copy of all applicable district policies, procedures and forms.

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14.  What if I need to make a formal complaint?

If your child is not getting needed services, you have a right to file an administrative complaint with CDE. Complaints alleging violations of Section 504 and the Americans with Disabilities Act may also be made to your local school district or to the United States Department of Education Office for Civil Rights (OCR).

If you have made such a complaint or would like to know more about making a formal complaint, please see the document “An Important Message for California Families of Children with Diabetes. . .” at http://dredf.org/advocacy/CADiabetesFamiliesJuly07.pdf. Contact DREDF by following the instructions in that document.

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Helpful Links

This information was provided courtesy of Disability Rights Education & Defense Fund (DREDF) and the American Diabetes Association (ADA).

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Page Updated  08/09/2007