Do recent Supreme Court decisions in regards to Americans with Disabilities Act protections apply to children with diabetes? In other words, can they still argue protection under Section 504 if their diabetes is controlled by insulin?

The Supreme Court has held that certain “mitigating measures” used by people with disabilities must be considered in determining whether or not an individual’s impairment is substantially limiting and therefore covered under 504 or ADAct. Measures needed by students in the school setting to care for diabetes are not considered in determining whether or not a student has a disability. Because schools exercise ultimate control over whether and when students can care for their diabetes, such mitigating measures should not be considered in the school setting. Only those measures that a student may use without any action or assistance by the school are to be considered.

For further reading, see Sutton Investigative Guidance: Consideration of “Mitigating Measures” in OCR Disability Cases and Students with Diabetes in Schools.

CJ