In 2007 there were significant changes in California law regarding the rights and responsibilities of schools for students with diabetes. The American Diabetes Association (ADA) teamed with the Disability Rights Education Defense Fund (DREDF), and the law firm of Reed-Smith to win an amazing, landmark victory for children with diabetes in California schools.  A class action suit filed on behalf of four parents of diabetic children in California schools in October of 2005. The settlement was announced at a press conference on August 8, 2008.

Also, see:

• Changes in California Law Affecting Children with Diabetes in California Public Schools
• Services for Students with Diabetes in California Public Schools - Questions and Answers for California Parents and Guardians of Diabetic Children
• Resources for Students With Diabetes (links to sample 504 plans, support, and more)

History of California Diabetes Law in Public Schools

Many school districts in California refused to provide any care for children with diabetes while at school and required either the child to perform all his/her own care or the parent had to come to school.  This practice included refusing to assist with blood sugar checks and insulin administration as well as glucagon injection in hypoglycemic emergencies.  

Even though California law prior to the class action lawsuit and the complaint against the Upland Unified School District already permitted students to test sugars in the classrooms, and did not prohibit care only to licensed nurses, few schools abided by the law.  It was also found that students throughout the state had been denied their right to a Section 504 plan as well as an Individualized Education Plan (IEP) when warranted.  In some cases, children with diabetes were even discouraged against enrollment and it was suggested they attend another school.

Action Taken Against the Upland Unified School District, San Bernardino County, CA

In October of 2006, the parents of a diabetic child in a San Bernardino County school in the Upland Unified School District (including the child's mother and founder of Islets of Hope, Lahle (Laura) Wolfe), filed a complaint against the Upland Unified School District (UUSD) for the failure to identify students with special needs, failure to accommodate students with diabetes, and the denial of care and federally protected rights of students with diabetes in the District.

To the credit of the California Department of Education the UUSD was found to be in violation of state and federal laws on all counts and demanded immediate and appropriate changes in UUSD policies and practices to ensure the safety and rights of children with diabetes.  Addressed in these policy changes were the same student rights and accommodations later addressed and affirmed in the state-wide class action lawsuit.

History of the Class Action Law Suit

A class action law suit was filed on behalf of four Northern California families by the combined team effort of the ADA, DREDF, and the law firm of Reid Smith in October of 2005.  The suit alleged that students with diabetes were being refused care at schools even though they were entitled to  free and equal access to a public education under Section 504 of the 1978 Rehabilitation Act (the section of the law that ensures equal access to education), the American With Disabilities Act (a civil rights law that protects people with disabilities) as well as the Individuals With Disabilities Act (IDEA) (this law addresses and funds education for children with disabilities that impact the ability to learn).

Links to the Initial Filing of the Class Action Lawsuit

• Reed Smith files class action suit against California schools - Reed Smith press release October 12, 2005
• Class Action Lawsuit Against CA Schools for denial of glucose monitoring and insulin administration during the school day challenged - American Diabetes Association press release  October 11, 2005

News Links to the Outcome of the Class Action Lawsuit

• Children with Diabetes Win Assurance of Legally-Required Services at School:  California Department of Education & American Diabetes Association Announce Agreement on In-School Care for Such Students - American Diabetes Association Press Release August 8, 2007
• Settlement: CA schools must provide help for students with diabetes - Contra Costa Times - August 8, 2007, 21:49 GMT.  OAKLAND -- The state Department of Education will inform school districts across California that they must have staff to help students with insulin shots, monitoring blood glucose and other needs associated with students with diabetes.
• Settlement entitles California's diabetic kids to care at school - Bob Egelko, San Francisco Chronicle, 08/09/07 - Laura Wolfe [Laura (Lahle) Wolfe is the founder of Islets of Hope] went to pick up her diabetic 5-year-old daughter, Elizabeth, from school earlier than usual on a hot September afternoon in San Bernardino County in 2005 and found the child lying on the ground, nearly unconscious. After testing her blood-sugar... (this article contains the personal experience of Islets of Hope founder, Lahle (Laura) Wolfe and her daughter, Elizabeth)
• California Schools Required to Give Medical Help to Kids with Diabetes - USA Today, Anita Manning - August 8, 2007; Schools in California will be required to have someone available who is trained to assist diabetic children under a legal settlement announced Wednesday in Oakland. The agreement sets a policy requiring children who have diabetes to be provided services under federal laws that guarantee equal educational opportunities for children with disabilities.

CA Laws Prior to the Class Action Law Suit Affecting Students with Diabetes

Prior to the settling of the California class action lawsuit the testing of blood glucose in any part of a public school, including classrooms was permitted even if schools did not adhere to the law.  See AB 942 Emergency Medical Services: Diabetes (Stats. 2003, Chapter 684) (page 45).  Also, see the California Diabetes Program.  (.pdf file download).  Also, see California (Cal Ed Code Section 49414.5 (2005))

California schools were notorious for not adhering to state and federal law when it came to the rights and treatment of students with diabetes.  Also, contrary to what many schools may have insisted California state law did not prohibit anyone but a registered nurse from giving insulin via an insulin pump to a child, or, from supervising a child on insulin who self-administers insulin.

According to the past policies of many school districts that were in violation of federal and state law, either the child had to perform all his/her own diabetes care under the supervision of a nurse (barely 7% of all California schools have a nurse on-site), a health aid, or do so without adult supervision.  If a child was unable to test their own sugars or give their own insulin, working parents either had to come to school to give insulin or resort to dangerous care tactics including calculating and programming an extended bolus to cover anticipated snacks and meals in advance.  Not all pumps even had this feature until recently.  

These practices were found to be illegal and in violation of California and federal anti-discrimination laws as it restricted children with diabetes to a Free Appropiate Public Education (FAPE).

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