Tamara Gamble
08-13-2007, 08:14 PM
VERY IMPORTANT ANNOUNCEMENT CONCERNING
DIABETES CARE IN CALIFORNIA PUBLIC SCHOOLS
LANDMARK AGREEMENT IN CLASS ACTION LAWSUIT…
CHILDREN WITH DIABETES WIN ASSURANCE OF
LEGALLY REQUIRED SERVICES AT SCHOOL
- PLEASE READ ENTIRE MESSAGE AND ALL ATTACHED FILES –
PLEASE DISTRIBUTE WIDELY
To Families of Children with Diabetes in California –
August 8, 2007 -- Today a formal announcement has been made regarding the settlement in the class action lawsuit filed on behalf of four children with diabetes in California and the American Diabetes Association against the California Department of Education (CDE). The lawsuit was filed in October 2005 by the Disability Rights Education & Defense Fund (DREDF) and Reed Smith LLP. DREDF and Reed Smith LLP are very pleased with the outcome of the final agreement and feel confident it will significantly help all children with diabetes in California to secure needed and appropriate health care at school.
This unprecedented lawsuit was brought about because many California school districts were not providing adequate diabetes care to students despite their legal obligation to do so. As part of the settlement, the California Department of Education has sent a “Legal Advisory on the Rights of Students with Diabetes in California’s K-12 Public Schools” to all California public school districts explaining how districts must address the health care needs of students with diabetes at school and school-sponsored activities based on federal laws and California laws. The CDE has also agreed to more effectively respond to diabetes-related complaints and monitor school districts for compliance with the law.
A copy of the Legal Advisory is attached along with several other files that answer questions about your child’s rights, and how to report problems and successes with your school to DREDF since it will be closely monitoring the implementation of the settlement. (These files can also be viewed at www.dredf.org ).
Importantly, families of children with diabetes are strongly encouraged to request that your child be evaluated under Section 504 and/or IDEA. These federal laws give you and your child certain legal rights, and you should make sure you receive those protections.
Some of the key rights detailed in the CDE’s Legal Advisory include:
· If you request your child to be evaluated for a 504 Plan or IEP Plan, your school must evaluate your child for eligibility under federal law – Section 504 of the Rehabilitation Act of 1973 and/or the Individuals with Disabilities Education Act (IDEA) – and appropriate services must be provided if your child is found eligible. Parents also have a right to participate in the development of a 504 or IEP Plan. The CDE Legal Advisory also makes clear that a child can be covered by Section 504 even if he/she is performing well academically and making good grades.
· Your child has the right to receive needed diabetes healthcare from a school nurse or other appropriately trained school personnel (e.g. teachers, aides, and office staff). For example, if your child’s 504 Plan or IEP Plan specifies the need for assistance with medication and there is no school nurse available, other school personnel can be trained to administer insulin and glucagon. The CDE Legal Advisory makes clear that training unlicensed school employees is a valid practice under federal law, and that federal rights take precedence over strict adherence to state law. Healthcare services can include such things as insulin and glucagon administration, blood glucose monitoring, treating high and low blood glucose levels, monitoring meals/snacks/physical activity.
· Your child cannot be sent to a different school because the district refuses to provide care at the school he/she would normally attend.
· Your school cannot refuse to provide medically necessary services for any of the following reasons: because trained personnel are not available, because of a policy restricting type of care to be provided or the location where it will be provided, or because of the burden of providing the care. For example, school/district policies or practices stating that school personnel will not administer insulin or glucagon, that blood glucose monitoring is never allowed in the classroom, that children must always leave the classroom to receive diabetes care, or that children with diabetes must attend a specific school ARE NOT PERMITTED.
· Your school cannot require parents/guardians to provide care at school, find a family member or friend to do so, or change your child’s diabetes care regimen in order to receive medication at school or school-sponsored activities.
· Your school cannot require parents/guardians to waive any rights or agree to particular placement or related services as a condition of administering medications or assisting the student with administration of medication at school.
Action Steps for Parents of Children with Diabetes:
Be proactive rather than waiting for a problem to occur by taking these steps:
ü Obtain updated and accurate orders from your child’s treating physician detailing all aspects of your child’s care needs.
ü Submit a written request that your child be evaluated for eligibility under Section 504 and/or IDEA, if you haven’t already done so. Assuming your child is eligible, participate in the development of your child’s 504 Plan (or IEP Plan) and Diabetes Medical Management Plan. (See resources below).
ü Provide your school with general information about diabetes and the best model of school diabetes care. (See resources list below.)
ü Make all requests for specific services in writing and request responses in writing.
ü If you receive an unfavorable response from your school, talk to higher level district personnel (such as the superintendent) and school board members. Provide them with a copy of the CDE Legal Advisory and request copies of all applicable district policies, procedures and forms.
ü If your child is still not getting needed services, you have a right to file a grievance with the CDE, the U.S. Dept of Ed’s Office for Civil Rights (OCR), or the local school district.
If you have made a complaint or would like to know more about making a formal complaint, please read “An Important Message for California Families of Children with Diabetes” dated July 2007 at:
http://www.dredf.org/advocacy/CADiabetesFamiliesJuly07.pdf
Contact DREDF by following the instructions in the above document, or if you do not have computer access call 510/644-2555.
Helpful Links:
California Department of Education’s “Legal Advisory on Rights of Student with Diabetes In California’s K-12 Public Schools” August 2007
http://www.dredf.org/advocacy/CDE%20Legal%20Advisory%20on%20Rights%20of%20Studen ts%20with%20Diabetes.pdf -OR -http://www.cde.ca.gov/ls/he/hn/legaladvisory.asp
Disability Rights & Education Defense Fund (DREDF)
www.dredf.org
“An Important Message for California Families of Children with Diabetes…”
http://www.dredf.org/advocacy/CADiabetesFamiliesJuly07.pdf
Sample 504 Plan (for a child with diabetes)
www.diabetes.org/uedocuments/ad-504-adanasndredf-2007.pdf
Diabetes Medical Management Plan (DMMP) form
www.diabetes.org/uedocuments/DMMP-finalformatted.pdf
National Diabetes Education Program of Centers for Disease Control (CDC), National Institutes of Health (NIH), U.S. Dept of Education (DOE)
“Helping the Student with Diabetes Succeed: A Guide for School Personnel”
www.ndep.nih.gov/diabetes/pubs/Youth_SchoolGuide.pdf
Attached Files:
California Dept of Ed. “Legal Advisory on the Rights of Students with Diabetes in California’s K-12 Public Schools”, August 2007
DREDF’s “Outreach to California Families of Children with Diabetes About the Legal Settlement…”, August 2007
DREDF’s “Services for Students with Diabetes In Public Schools: Questions & Answers for California Parents and Guardians”, August 2007
DREDF’s “An Important Message for California Families of Children with Diabetes…”, July 2007
Sample 504 Plan (for a student with diabetes)
Sample Diabetes Medical Management Plan (DMMP)
DIABETES CARE IN CALIFORNIA PUBLIC SCHOOLS
LANDMARK AGREEMENT IN CLASS ACTION LAWSUIT…
CHILDREN WITH DIABETES WIN ASSURANCE OF
LEGALLY REQUIRED SERVICES AT SCHOOL
- PLEASE READ ENTIRE MESSAGE AND ALL ATTACHED FILES –
PLEASE DISTRIBUTE WIDELY
To Families of Children with Diabetes in California –
August 8, 2007 -- Today a formal announcement has been made regarding the settlement in the class action lawsuit filed on behalf of four children with diabetes in California and the American Diabetes Association against the California Department of Education (CDE). The lawsuit was filed in October 2005 by the Disability Rights Education & Defense Fund (DREDF) and Reed Smith LLP. DREDF and Reed Smith LLP are very pleased with the outcome of the final agreement and feel confident it will significantly help all children with diabetes in California to secure needed and appropriate health care at school.
This unprecedented lawsuit was brought about because many California school districts were not providing adequate diabetes care to students despite their legal obligation to do so. As part of the settlement, the California Department of Education has sent a “Legal Advisory on the Rights of Students with Diabetes in California’s K-12 Public Schools” to all California public school districts explaining how districts must address the health care needs of students with diabetes at school and school-sponsored activities based on federal laws and California laws. The CDE has also agreed to more effectively respond to diabetes-related complaints and monitor school districts for compliance with the law.
A copy of the Legal Advisory is attached along with several other files that answer questions about your child’s rights, and how to report problems and successes with your school to DREDF since it will be closely monitoring the implementation of the settlement. (These files can also be viewed at www.dredf.org ).
Importantly, families of children with diabetes are strongly encouraged to request that your child be evaluated under Section 504 and/or IDEA. These federal laws give you and your child certain legal rights, and you should make sure you receive those protections.
Some of the key rights detailed in the CDE’s Legal Advisory include:
· If you request your child to be evaluated for a 504 Plan or IEP Plan, your school must evaluate your child for eligibility under federal law – Section 504 of the Rehabilitation Act of 1973 and/or the Individuals with Disabilities Education Act (IDEA) – and appropriate services must be provided if your child is found eligible. Parents also have a right to participate in the development of a 504 or IEP Plan. The CDE Legal Advisory also makes clear that a child can be covered by Section 504 even if he/she is performing well academically and making good grades.
· Your child has the right to receive needed diabetes healthcare from a school nurse or other appropriately trained school personnel (e.g. teachers, aides, and office staff). For example, if your child’s 504 Plan or IEP Plan specifies the need for assistance with medication and there is no school nurse available, other school personnel can be trained to administer insulin and glucagon. The CDE Legal Advisory makes clear that training unlicensed school employees is a valid practice under federal law, and that federal rights take precedence over strict adherence to state law. Healthcare services can include such things as insulin and glucagon administration, blood glucose monitoring, treating high and low blood glucose levels, monitoring meals/snacks/physical activity.
· Your child cannot be sent to a different school because the district refuses to provide care at the school he/she would normally attend.
· Your school cannot refuse to provide medically necessary services for any of the following reasons: because trained personnel are not available, because of a policy restricting type of care to be provided or the location where it will be provided, or because of the burden of providing the care. For example, school/district policies or practices stating that school personnel will not administer insulin or glucagon, that blood glucose monitoring is never allowed in the classroom, that children must always leave the classroom to receive diabetes care, or that children with diabetes must attend a specific school ARE NOT PERMITTED.
· Your school cannot require parents/guardians to provide care at school, find a family member or friend to do so, or change your child’s diabetes care regimen in order to receive medication at school or school-sponsored activities.
· Your school cannot require parents/guardians to waive any rights or agree to particular placement or related services as a condition of administering medications or assisting the student with administration of medication at school.
Action Steps for Parents of Children with Diabetes:
Be proactive rather than waiting for a problem to occur by taking these steps:
ü Obtain updated and accurate orders from your child’s treating physician detailing all aspects of your child’s care needs.
ü Submit a written request that your child be evaluated for eligibility under Section 504 and/or IDEA, if you haven’t already done so. Assuming your child is eligible, participate in the development of your child’s 504 Plan (or IEP Plan) and Diabetes Medical Management Plan. (See resources below).
ü Provide your school with general information about diabetes and the best model of school diabetes care. (See resources list below.)
ü Make all requests for specific services in writing and request responses in writing.
ü If you receive an unfavorable response from your school, talk to higher level district personnel (such as the superintendent) and school board members. Provide them with a copy of the CDE Legal Advisory and request copies of all applicable district policies, procedures and forms.
ü If your child is still not getting needed services, you have a right to file a grievance with the CDE, the U.S. Dept of Ed’s Office for Civil Rights (OCR), or the local school district.
If you have made a complaint or would like to know more about making a formal complaint, please read “An Important Message for California Families of Children with Diabetes” dated July 2007 at:
http://www.dredf.org/advocacy/CADiabetesFamiliesJuly07.pdf
Contact DREDF by following the instructions in the above document, or if you do not have computer access call 510/644-2555.
Helpful Links:
California Department of Education’s “Legal Advisory on Rights of Student with Diabetes In California’s K-12 Public Schools” August 2007
http://www.dredf.org/advocacy/CDE%20Legal%20Advisory%20on%20Rights%20of%20Studen ts%20with%20Diabetes.pdf -OR -http://www.cde.ca.gov/ls/he/hn/legaladvisory.asp
Disability Rights & Education Defense Fund (DREDF)
www.dredf.org
“An Important Message for California Families of Children with Diabetes…”
http://www.dredf.org/advocacy/CADiabetesFamiliesJuly07.pdf
Sample 504 Plan (for a child with diabetes)
www.diabetes.org/uedocuments/ad-504-adanasndredf-2007.pdf
Diabetes Medical Management Plan (DMMP) form
www.diabetes.org/uedocuments/DMMP-finalformatted.pdf
National Diabetes Education Program of Centers for Disease Control (CDC), National Institutes of Health (NIH), U.S. Dept of Education (DOE)
“Helping the Student with Diabetes Succeed: A Guide for School Personnel”
www.ndep.nih.gov/diabetes/pubs/Youth_SchoolGuide.pdf
Attached Files:
California Dept of Ed. “Legal Advisory on the Rights of Students with Diabetes in California’s K-12 Public Schools”, August 2007
DREDF’s “Outreach to California Families of Children with Diabetes About the Legal Settlement…”, August 2007
DREDF’s “Services for Students with Diabetes In Public Schools: Questions & Answers for California Parents and Guardians”, August 2007
DREDF’s “An Important Message for California Families of Children with Diabetes…”, July 2007
Sample 504 Plan (for a student with diabetes)
Sample Diabetes Medical Management Plan (DMMP)