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Kaylee's Mommy
08-14-2007, 01:29 AM
I've been trying to find out rules and policies for when kaylee goes to school (next year, I"m nervous so starting early LOL)..

I was told today that 1) Kaylee will have to physically poke herself and use her own meter, that the nurses aren't allowed to do it.. Kaylee really can't do this.. she tries, but she gets errors a LOT and she doesn't always get the correct spot on her fingers..

2) I was told that They may tell me no insulin at school for the FIRST COUPLE OF YEARS???????????? until she can do it herself??? HUH?? I was told that she'd have to eat no carb, low carb foods and that they'd just let her run a bit higher and check for ketones:eek: WTF, doesn't make any sense to me..

#2 was told to me because the school she'll go to does not have a full time nurse.. another nurse, from another state, told me this stuff.. what COULD happen.. I just know that either one is not going to fly in my book.. we work so hard for her to be 'normal' and then because the town wants to save some money and not higher a school nurse that they want my child to eat crappy lunches so they can save a buck, I don't think so!

I also found out that in this state no one other than a registered nurse can give insulin (by injection or pump) or glucagon.. they can NOT delegate it to anyone.. but I can delegate it, but they can't MAKE me delegate it.. so.. I'm waiting to get a few more questions answered and then I think I'll try and contact the school nurse (who's only there 1 time every week and a half!:confused: )

does #1 OR #2 so right to anyone??

Twinklet
08-14-2007, 01:46 AM
I'm no expert on school issues, but both of those statements sound completely asinine and I'd venture to guess aren't quite true.

I don't believe the school can tell a student that a prescribed medication, especially a life-sustaining one, is prohibited. They say they'll let her run a little high? Will they pay for the complications that could eventually result from this policy? What if she's so high she goes into DKA? A carb-free lunch? No, that can't be right. They're setting themselves up for quite a lawsuit right there. These "rules" are so outrageous I'd be shocked to find they're true.

What about kids on pumps? They HAVE to receive hourly insulin.

If the state laws prohibit insulin administration by anyone other than an RN, the school needs to hire an RN for your child. Period. I don't see any other way around it if they're receiving federal money. :confused:

Kaylee's Mommy
08-14-2007, 02:00 AM
thank you.. I thought those statements were a little off too.. it just doesn't make any sense.. she was giving me good info until she went there with that no insulin during the day.. like i said, thats not going to fly in my book.. she said that its possible the nurse could come at lunch time/snack whatever to give Kaylee her insulin and then head back where ever rock she was under but my concern is glucagon.. what are they going to do then? wait for her to come from a school that is a 1/2 hr away.. in this district (made up of 7 tiny towns) the elementary schools are literally a 1/2hr to 45minutes away from each other, some may be even furthar than that.. so is Kaylee suppose to go into insulin shock and a seizure waiting for this nurse to get to the school? and the EMS/paramedics around here are all volunteer.. so that would take at least a 1/2hr as well..

I too see no way around this for them.. I know there was a little girl that was on a pump in the school last year and the year before, but she's now moved up to the middle school.. while in the elemetary school she did most of her own care and her mother volunteered at the school.. so the school got away with not having to do a whole bunch of stuff.. I'm awaiting an email from the School Health Services Consultant for our state..

I'm glad I'm not the only one that saw those statements are purely ridiculous!:)

Tamara Gamble
08-14-2007, 02:43 AM
NO THE SCHOOL CANNOT REFUSE ADMINISTRATION OF MEDICATION. Hey, you and Ellen did the reasearch. Go back and look again, you already know the answers don't let someone else convince you that you are wrong. The schools are full of crap. You need to call 1-800-diabetes and ask for their school discrimination package, it's free. Also ask for an advocate in your area, they are free too. See my Landmark case post for California. Federal Law usurps state. Where ya from? I was just out your way a few weeks ago. Family there. Went to Timberlane myself for a time. I don't have time right now to look at NH law but the bottom line is that your child is afforded protection under federal law and is allowed to have a free approprite public education with all related aids and services. FAPE.

Tami

MLH
08-14-2007, 08:06 AM
No, 1 and 2 are not right. My understanding is federal law supercedes state law. She is covered under the Americans with Disabilities Act.

Also, when I was having trouble with school the one thing I kept coming back to was this. They would always give an inhaler to a child who was having an asthma attack, or an epi pen to a child with a bee allergy. Insulin is the same thing. Every time I mentioned this to them they would change their tune!

Good luck!

Kaylee's Mommy
08-14-2007, 09:18 AM
I didn't think either of these were right, they made no sense to me what-so-ever...

Kaylee still has a year before school.. but Iwant all these things straightened out before the start of school next year.. and if they need to get a full time nurse in the school.. its going to be a battle so I need to start early..

allisa
08-14-2007, 09:42 AM
I'm no expert on school issues, but both of those statements sound completely asinine and I'd venture to guess aren't quite true.




Couldn't have said it better myslef.....

The whole thing sounds wrong, wrong, wrong....good thing you started early !!

I have no good advice to point you in.....but I'd say call RIGHT NOW the Superintednent if you get no where with your prinipal.....that is the dumbest med plan I ever heard !!

selketine
08-14-2007, 09:42 AM
I agree with Tami that you should call the ADA and ask for their free school discrimination packet - it is a great resource.

The ADA website has most of the info in the packet and more at http://www.diabetes.org/advocacy-and-legalresources/discrimination/school.jsp

The Legal Rights of Students with Diabetes is a big PDF file at the ADA website but it is worth looking at and printing out if you can: http://www.diabetes.org/advocacy-and-legalresources/attorneymaterials/legalrights.jsp

I think it might help to clarify the situation to talk to someone at your local school (like the nurse or the nurse supervisor there) and ask about the insulin, glucagon, etc. I think this nurse from another state gave you some wrong information - she doesn't work for them right? Find out from the school what they will do. I agree that what this nurse told you would be discrimination if it was actually how a child was treated at the school.

Sometimes the nurse can delegate insulin if a sliding scale is used. I am running in a similar situation with the pump though - they have so far told me only a nurse can give insulin with his pump or even touch his pump. In our state the glucagon can be delegated because it is a premeasured dose (like an epipen).

Relax and don't worry yet! Get the info from the ADA and from the school and go from there.

Gwyn
08-14-2007, 09:42 AM
You are doing the right thing by starting early with your prep for school. Go to the school whenever you can and start educating someone NOW. Find a willing teacher or admin and talk to them whenever you can get a minute. Start with a friendly chat and move on to medical info as you can.

I know, I know the law is on our side, but sometimes that is not enough. Even if your school ends up hiring a nurse, you should try to find someone else there with a connection to diabetes and get them on board. Even if it turns out that person can't administer insulin, at least you will have someone who would know what to do and who to call in case of emergency.

You might try eating lunch there once in a while or ask if you can show your child the library and meet the librarian.

JMHO

allisa
08-14-2007, 09:46 AM
but my concern is glucagon.. what are they going to do then? wait for her to come from a school that is a 1/2 hr away.. in this district (made up of 7 tiny towns) the elementary schools are literally a 1/2hr to 45minutes away from each other, some may be even furthar than that.. so is Kaylee suppose to go into insulin shock and a seizure waiting for this nurse to get to the school?


hhmmm....yes.....maybe they think Kaylee should adminster her own glucagon ....that makes sense......as much sense as their other statements !! Like I said.....you are so smart to start your inquiries early !!

PS...love the girls picture with Mayor Clayton !

jules12
08-14-2007, 09:51 AM
Take a deep breath - don't get too upset until you really know what you are dealing with. Our health clerk does some of my son's care because the nurse splits time between two schools. One thing to consider is if it's in the endo orders to the school, they have to follow it. I had to include "child may administer insulin" so that he can push his own buttons on the pump (under supervision).

Last year in first grade, we worked together with the nurse (last two months of school right after dx) to help my son to do his own finger sticks. This year he will go into the nurses office get out his own kit, check his blood and then tell her (the nurse or clerk) the numbers and they will go from there.

Every child is different and works at their own schedule. I would encourage you to work on finger sticks over the next year. Having my son be able to do his own checks under supervision has been really good. It enables him to go on a play date during which I call several times and have him check his numbers and tell me over the phone. I know in Kindergarten it may not be as big a deal but the invites definitely start in 1st grade. This was a big motivator to my son to do his checks himself because I told him he couldn't go to a friends house until I could have him do this. Believe me - it's not easy letting them go even for an hour - but it's something I let him do before D so we had to work through it.

I hate D because they grow up too fast and take on responsibilities they shouldn't have too. My son does it in stride but he still asks me to check his fingers sometimes when he just "doesn't feel like it" :( and I always do when he feels like that. :)

Abby-Dabby-Doo
08-14-2007, 10:32 AM
Those two things you listed sound absolutely ridiculous! I want to say that I think it's wonderful that you're checking into it now - instead of a last minute deal.
I wouldn't get too fired up just yet. I honestly think that's so far from the truth about what your hearing. I would make some phone calls and get it from the horse's mouth.
If anything, doesn't the not administering insulin at school sound like maybe it was something old on the books, maybe about NPH. I'm not familiar with NPH, but doesn't that require no insulin for lunch or snacks, just certain carb amounts?! I'm not agreeing with it, I'm just trying to understand how they could possibly make that statement?!

Kaylee's Mommy
08-14-2007, 11:18 AM
Thanks everyone.. glad I wasn't over reacting to those statements.. The nurse that was giving me the information does NOT work for the school district, she's from another state entirely.. she was realyl helpful and sounded great UNTIL those two statements were made..

I don't think the statement about insulin was about NPH.. because she said that Kaylee would just not have carbs at school.. this was in response to the school not having a fulltime nurse and what happens at meal times.. she said that this may be what the school requires to get around not having a nurse at the school.. because only a nurse can give the insulin.. but it won't fly here.. not gonna happen.. I'm not going to let Kaylee go carb free and risk her health so they can save money..

The nurse we talked to convinced my DH that we need to fight for a full time nurse since they are the ones that can give insulin and glucagon.. but then I find out that we can delegate.. I'm not sure what do to.. is it better to fight for that nurse or to delegate it to someone else? if I delegate it to someone else in the school, does that release the school of liability in some such way because the person would not be a registard nurse?

I'll probably have to wait a few weeks before contacting anyone at the school as they are stilll on summer break..

jules12
08-14-2007, 11:28 AM
Another thought - if it is the case that the nurse is only there once a week and they will only allow her to administer insulin then perhaps you would have grounds for a 1 to 1 aide that the school district has to provide. When I was working on collecting information for our 504 and IHP plans, one mom sent me info regarding her daughter having a 1 to 1 aide since there was no one qualified to care for her daughter. I didn't keep that info because we weren't going that route but if I remember right, she had lots of supporting information to help back it up including a letter from the doctor stating that she needed the aide and that letter was key to getting it approved.

It's good you are starting early. Perhaps you can find more examples in the 504 plans online of people getting an aide especially in the younger grades like Kindergarten.

mystique2300
08-14-2007, 12:21 PM
I know having a carb free/low carb lunch and no insulin has to be wrong. i don't know how everyone elses child would react to that but mine would have large keytones in 3 hours if he skipped a shot. Regardless of what his sugar was at. He skipped breakfast the other day cause he wasn't hungry and by 11 he had large keytones. And his sugar never went over 100. This will be our first year at school with diabetes so hopefully we don't have to deal with anything like that.

selketine
08-14-2007, 12:38 PM
I'm not sure what do to.. is it better to fight for that nurse or to delegate it to someone else? if I delegate it to someone else in the school, does that release the school of liability in some such way because the person would not be a registard nurse?

In our state (Maryland) the nurse is the one who delegates the administration of medications so the delegation is done under her/his license. I THINK it works this way in most states but not all. I think in one state (Washington? some place out West) if you "give permission" for someone else to do insulin/glucagon, etc then somehow it does not fall under the nurse and school's responsibility.

Anyone on here from NH who can speak to this? There is probably a way to find out by doing some google searches. In our state we have a nurse's association and also a school health service. The policies like this are online.

I would also suggest you try to find some other parents of type 1 kids in your area - through ADA, JDRF or through your pedi endo's office. They can give you info and perhaps you can work together with them to do 504's.

Kaylee's Mommy
08-14-2007, 12:41 PM
I've been in contact with the state coordinator who has been helping me tremdously with this stuff.. She said that I have legitimate concerns that need to be addressed now. I am waiting to hear back from her on that low carb/no carb stuff.. I am quite sure she's going to tell me that that is just completely wrong and won't fly..

rickst29
08-14-2007, 01:19 PM
http://community.diabetes.org/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=adatype1&tid=7004

And of course, everything you can find on CWD about preparing a good 504 plan is NEEDED. Although the State Coordinator seems to understand, the fact that you were introduced to this Nurse is an example of why you need the treatment plan in writing. :cwds:

Kaylee's Mommy
08-14-2007, 01:29 PM
In our state (Maryland) the nurse is the one who delegates the administration of medications so the delegation is done under her/his license. I THINK it works this way in most states but not all. I think in one state (Washington? some place out West) if you "give permission" for someone else to do insulin/glucagon, etc then somehow it does not fall under the nurse and school's responsibility.

Anyone on here from NH who can speak to this? There is probably a way to find out by doing some google searches. In our state we have a nurse's association and also a school health service. The policies like this are online.

I would also suggest you try to find some other parents of type 1 kids in your area - through ADA, JDRF or through your pedi endo's office. They can give you info and perhaps you can work together with them to do 504's.

I've found the law in nh that state only a nurse can administer insulin/glucagon, or she can delegate to ANOTHER nurse, but they have to be a liscensed nurse in the state of NH..

BUT it says that I can delegate to anyone I want.. they can't MAKE me do it, but I can delegate, the nurse can't (unless its someone else that is liscensed.. ) to me, there is no way around them employing a full time nurse at this school.. unless Kaylee had a 1 on 1 aid (which I don't think I want for her.. ) ...

I'll be requesting a meeting with the nurse, principal and superintendent of the school.. I'll wait until school has been going a bit.. don't want to add to more to their first weeks of school...

deafmack
08-15-2007, 02:43 AM
In our state (Maryland) the nurse is the one who delegates the administration of medications so the delegation is done under her/his license. I THINK it works this way in most states but not all. I think in one state (Washington? some place out West) if you "give permission" for someone else to do insulin/glucagon, etc then somehow it does not fall under the nurse and school's responsibility.

Anyone on here from NH who can speak to this? There is probably a way to find out by doing some google searches. In our state we have a nurse's association and also a school health service. The policies like this are online.

I would also suggest you try to find some other parents of type 1 kids in your area - through ADA, JDRF or through your pedi endo's office. They can give you info and perhaps you can work together with them to do 504's.

I live in Washington and the law regarding Diabetes Care is found in the Revised Code of Washington or RCW 28A.210.330. It basically protects students with Diabetes. The parents can designate someone to handle the diabetes care that is not a nurse but the person has to have been trained by a nationally certified program in diabetes care. Each student with D has to have a 504 plan in place or a Diabetes Health Care plan in place to meet their individual needs. The law basically protects all students with D and gives them certain guaranteed rights. It is a basically good law. The basic rights in the law cannot be taken away but they can be enhanced and built upon and expanded.

Lee
08-15-2007, 09:21 AM
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.

Kaylee's Mommy
08-15-2007, 12:17 PM
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.



these are to very good points.. this is CA though, I'm in NH.. glad to see that CA has spelt it out for everyone, in plain english.. :)

Lee
08-15-2007, 12:32 PM
Even thoug hit is in California, it is based on Federal laws, so I would push that point home to them.

selketine
08-15-2007, 01:04 PM
I've found the law in nh that state only a nurse can administer insulin/glucagon, or she can delegate to ANOTHER nurse, but they have to be a liscensed nurse in the state of NH..

BUT it says that I can delegate to anyone I want.. they can't MAKE me do it, but I can delegate, the nurse can't (unless its someone else that is liscensed.. )

Alright.....well that is darn confusing! I think you are right to question what responsibility this person has - it sounds like the WA state thing Deafmack described. I think the point of this was to allow delegation to non-nurses because the nurses did not want the delegation to fall under their license. If it was under their license and supervision and there was a screw-up then the nurse is responsible as well.

So...this puts the burden on you to find a volunteer (like a teacher) at the school first of all. And you should have more than one in case someone is out. A lot of schools don't have nurses or health care people at all - the teachers and staff do it. I guess you have to figure out then, if you go the route of not pushing for a nurse, what responsibility the school has.

Check your box for a PM from me.

Kaylee's Mommy
08-15-2007, 04:22 PM
Alright.....well that is darn confusing! I think you are right to question what responsibility this person has - it sounds like the WA state thing Deafmack described. I think the point of this was to allow delegation to non-nurses because the nurses did not want the delegation to fall under their license. If it was under their license and supervision and there was a screw-up then the nurse is responsible as well.

So...this puts the burden on you to find a volunteer (like a teacher) at the school first of all. And you should have more than one in case someone is out. A lot of schools don't have nurses or health care people at all - the teachers and staff do it. I guess you have to figure out then, if you go the route of not pushing for a nurse, what responsibility the school has.

Check your box for a PM from me.

It also states that they can NOT MAKE me delegate anyone.. so if I refuse, they HAVE to have a full time nurse.. I worry that if I delegate someone else, a teacher, the principal, the secretery, whomever, and they mess up.. do something wrong.. then that gets the school out of all liability because *I* delegated someone, not them.. know what I mean.. so for the safety of my child, I want a nurse at the school..

Tamara Gamble
08-16-2007, 07:29 AM
The point of the landmark case is that it is based on federal law and sets the mark for all schools across the country. As stated in this case federal law usurps state so whether or not the state makes a law it cannot impose on federal. This would include the schools responsibility to ensure that your child receives a free appropriate public education with all related aids and services.

The ruling for this case is crutial in the sense that if someone were to file with the OCR or go to court, this case will be the one that they base their decisions on. So when the decisions were made for this case, they were very comprehensive. We can thank the ADA as well as the JDRF for this.

My personal friend was involved in fighting against certain laws that were origionally allowed to pass in CA and involved in helping to ensure they were overturned. I spoke with her about this case before the release of the information and this is indeed considered to set precidence within the school systems across the country. The key again being that state law cannot and does not usurp federal. So all of these issues with delegation etc in regards to duties cannot be passed off to the parents. The school must administer insulin etc. It does not matter that you are in a different state, your child must be accomodated.

Crystal Jackson should be of great help. Contact the advocates that Carol gave to you. Without the related aids and services your child cannot attend school safely. It is discrimination.

I will read your and Ellens previous post again and try to put it together for you in a way that makes sense.


Tami

Tamara Gamble
08-16-2007, 07:54 AM
Okay, I reffered back to your previous posts. At one of the end paragraphs that Ellen gave to you it states something along the lines of in the event a parent cannot or will not delegate for needs the school is still responsible for making any accomodations needed. So in the event only a nurse can administer injectables then a nurse better be there at all times. I don't care about school budget, the child needs to have someone there to keep her healthy and allow her to receive the same education afforded to all of the other students.

As far as diet goes. I cannot express enough how unhealthy having no carbs etc are all day for a child with diabetes is. All for the sake of not administering insulin on their part? No way. They cannot change the childs insulin plan or regimine based on convenience. They cannot change doctors orders, so make sure that your medical management plan is thurough and very comprehensive. The doctor has the authority to delegate to the nurses and the nurses and or school must follow the plan. A school nurse has no right or authority to make insulin changes. Basically what they are suggesting is that your child suffer for three quarters of the year and damage her health to make it easier for them. That is how the OCR would view it and they would lose.

So they have to accomodate, and you do not have to delegate. Is the nurse who is listed there to contact the one that you called? They need some back up people in place.

By the way, the comment about Crystal etc was a comment made by Carol from a different post so please ignore that statement.

Get the name of an advocate in your area who knows the laws better than any of us. You can get this from the ADA. He or she will be alot more usefull.

Tami

selketine
08-16-2007, 10:11 AM
The point of the landmark case is that it is based on federal law and sets the mark for all schools across the country. As stated in this case federal law usurps state so whether or not the state makes a law it cannot impose on federal.
Tami

Well I finally read the California settlement and it is very powerful. I guess I've been swamped with other things this week and had read about it but not really looked at it. I hope that it becomes easier for ALL of us to get the right care at school.

Tamara Gamble
08-16-2007, 07:41 PM
I agree Carol. This school nonsense is getting old isn't it. Why can't they just do what they are supposed to do. I was hoping that you would read the California post because of the laws in Maryland and I worry about William. Hope all is well.

Tami

Twinklet
08-16-2007, 08:06 PM
This does not relate to D, but I wanted to throw it out there for consideration.

I have a dear friend in Ohio who has a special-needs daughter with many health issues. Their insurance company was paying for a nurse to help out at home, but now the daughter is attending a local public school.

The school initially fought them hand and foot over a 504 plan but they stuck to their guns while remaining calm and reminding the school of the federal laws regarding disabilities (under which T1D also qualifys). It took ALL SUMMER LONG (and several meetings), but the school finally gave in and hired a full-time RN who will remain at that ONE school for their daughter! (Based on their daughter's needs, this was really the only option the school had. They just didn't want to pay for it).

So, fight the good fight here, especially if you know the law is on your side. Dictating what a child eats or doesn't eat for lunch and interfering with a critical medication like insulin is not the school's job. They are neither physicians nor dieticians and cannot force a child to have a no-carb lunch and prohibit insulin administration. That is not legally their call.

selketine
08-16-2007, 09:43 PM
Well I haven't gotten all the details 100% (many changes at our school over the summer) but it seems that when William starts kindergarten in another week that there will be a nurse there most of the time. The school has a full time health tech but the nurse was usually just there on Tuesdays. I think now because of William (I'm guessing:)) they assigned a nurse there full time 3 days a week and she is there over lunch the other 2 days. For our county that is pretty good - almost zero of the schools have full time nurses or close to it.

I will find out more details next week. I think that it helped that I told them well in advance of William's needs and sent them the doctor's orders a bit early so they could see what kind of care he requires.

It just takes a lot of education and even with that it is still difficult for most of us to get the right care for our kids at school.

Kris60
08-16-2007, 10:23 PM
Well we just found out from the school nurse the other day that there needs to be a Diabetic Medical Management Plan on file at (I'm assuming) all schools that have a diabetic enrolled.
Also she is required to find 2 volunteers that will always be there and available when the nurse isn't there, go through training with a CDE and herself (nurse) to administer shots, glucagon, etc. . She has to give those names and such to the Board of Education also.
So that is a little more 'peace of mind' for us.

badshoe
08-16-2007, 10:44 PM
Crystal Jackson is a saint and she has a Disney With Diabetes t shirt.

Kaylee's Mommy
08-16-2007, 11:52 PM
I have been in contact with the state cordinator.. she is going to give me a call in a few weeks.. I am going to talk with the school once my other daughter starts.. I'm just going to find out information.. and in January I will start getting the 504 plans and all that stuff ready with her CDE.. and probably in April we will call a meeting.. I want this done well before this time next year.. I don't want to spend next summer worring about it.. I want it settled before the end of this coming school year:)

I do know what the laws are now.. what they can and can't do.. and the way I'm looking at it, they have no other option but to higher a full time nurse because I'm NOT going to delegate it to someone else and then let them get out of all liability if something were to happen..