Source:
PRnewswireChildren 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
OAKLAND, Calif., Aug. 8 /PRNewswire-USNewswire/ -- State Superintendent
of Public Instruction Jack O'Connell joined representatives of the American
Diabetes Association (ADA) today to announce a landmark agreement that
ensures California students who are classified as disabled because of
diabetes will be safe at school and enjoy the same legally-required
educational opportunities as their peers. The agreement clarifies the
rights of eligible students with diabetes in every school district
throughout the state.
"Through this cooperative agreement with the ADA, the CDE is committed
to ensuring that all children with diabetes in California schools have
access to legally required care during the school day," O'Connell said. "A
lack of resources, uncertainty about how services are best delivered, and
lack of clarity about state and federal requirements have in some instances
caused hardship to parents of children with diabetes. No parent should have
to put a job at risk in order to administer legally-required diabetes
treatment to their child during the school day."
The announcement brings to an end litigation, filed by four families
and the American Diabetes Association in federal district court in San
Francisco, alleging that some California school districts were not
providing insulin administration and other services to students with
diabetes-related disabilities who were legally entitled to them while at
school.
Under the agreement, each local education agency (LEA) will manage the
delivery of this care in the best possible way for those students whose
Individualized Education Programs or 504 Plans require administration of
insulin and related services during the school day. The CDE will issue a
Legal Advisory to all California school districts providing guidance on
health care services for students with diabetes and outlining the rights of
these students under federal anti-discrimination and special education
statutes-Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act (ADA), and the Individuals with Disabilities Education Act
(IDEA). The Advisory explicitly states that school districts have an
obligation to provide insulin administration and related services to
eligible students who need the assistance.
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WE WON!!!!!!!!!
After fighting my sons school district,( one mentioned in this article, fighting ignorance and cruelty to my son and to me and many other families who endured incredible hardship and significant risk to their child and their jobs it is over and with the best possible outcome. Now I know if a child needs insulin the district I and others fought tooth and nail, finally will follow the law they flagrantly violated for decades. And even better mine will be under watchful eyes of the court for about three years.
It was shocking as a parent and as an RN to find a district willfully refuse to assist my child with insulin should he become unable to give his own insulin in an earthquake due to injuries.
Please forward this article to as many parents of diabetic school children as you can. This will give them hope in their states.August 2007 -
Please also send this link that has specific information for parents of kids in Calif. with diabetes. Parents outside may want to read this as they will be able to see what they should have in place.
http://www.dredf.org/healthcare/diabetes.shtmlDiabetes Care In California Public Schools
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 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. In August 2007, after a long period of negotiations, settlement agreements were reached with CDE and both school districts.
Read one family's story.
The documents below outline the terms of the Settlement, describe the rights of public school students with diabetes at school and explain how to make sure children with diabetes receive adequate health care in school.
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Outreach To California Families Of Children With Diabetes About The Legal Settlement Involving Diabetes Care In California Public Schools
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Services For Students With Diabetes In Public Schools: Questions And Answers For California Parents And Guardians
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An Important Message For California Families Of Children With Diabetes
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CDE Legal Advisory On Rights Of Students With Diabetes
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Sample Section 504 Plan
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DMMP Form