October 14, 2000
Social Issues: School and Daycare
Question from Seattle, Washington, USA:
A friend of mine is having problems with his child’s school. The school is requiring that he or his spouse come to the school to administer his child’s insulin. I have read your responses to similar questions and you indicate that such monitoring is required as a matter of law, citing to the Rehabilitation Act, the Americans with Disabilities Act, etc.
Are you aware of specific cases in which the courts have concluded that schools are required to administer a child’s insulin? The reason that I ask is that I recently came across several cases out of the 8th Circuit in which the Court of Appeals concluded that it was a reasonable accommodation as a matter of law for a school to offer to have the parents come to the school to administer medication instead of the school administering the medication directly. The court stated that it was reasonable for the school to consider future liability. Although, the cases concern the administration of medication for ADD, I was concerned that a court could apply the same analysis for the administration of insulin.
Answer:
The American Association of Diabetes Educators recognizes that the management of children while in school is a matter of important public concern. That is why we have developed a formal position on the subject. Our position statement is posted on our web site at Treatment of Children in the School Setting.
As to the specifics of the question, I am not qualified to reply to this question because it requests advice and legal interpretation to a specific problem in a state in which I do not hold a license to practice law.
DSH
