type 1 diabetes in school

Laws Protecting Children with Type 1 Diabetes

The educational rights and interests of children with type 1 diabetes (juvenile diabetes) are protected by several federal laws, and sometimes state laws as well:

* Section 504 of the Rehabilitation Act of 1973 states that no "otherwise qualified handicapped individual" can be excluded from programs or activities receiving federal financial assistance simply because of his or her disability. The handicap is defined as an impairment that substantially limits one or more of such a person's major life activities. "Programs or activities" include all kinds of schools as well as social services like day care centers. The Act gives parents of children with type 1 diabetes the right to develop, with the school's agreement, a plan to accommodate any special needs as a result of the condition.

* The Americans with Disabilities Act (ADA), enacted in 1990, sets forth laws that essentially mirror many of the requirements of the Rehabilitation Act of 1973.

* The Individuals with Disabilities Education Act (IDEA), a federal law passed in 1975, mandates that all children "receive a free, appropriate public education regardless of the level or severity of their disability." IDEA also provides funds to assist states in the education of students with disabilities and requires that states make sure that these students receive an individualized education program (IEP): a written statement of the educational program designed to meet a child's unique needs. A fundamental principle of the IEP is the right of parents to participate in the educational decision-making process. You should be involved in the development of your child's IEP, and the school is required to accommodate you regarding meeting times when you may discuss and formulate the program.

In developing an IEP, you should work with your child's school toward the common objective of fulfilling the student's educational goals, related services needed, and the placement decision. Do your best to educate school personnel about how type 1 diabetes affects your child and the steps he or she must take to properly manage it. For a child with type 1 diabetes, particular needs might include (1) permission to check blood glucose levels at any point during the day; (2) freedom to immediately treat high or low glucose levels; (3) advance permission for extra trips to the bathroom or water fountain; and (4) ensuring that staff members are present who are trained in testing blood glucose levels, recognizing symptoms of high or low blood glucose, and giving immediate treatment for the conditions.

If you are dissatisfied with any aspect of the IEP and are unable to resolve the problem, you can refuse to sign the IEP and, if necessary, pursue due process options guaranteed by the law.