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School Bill of Rights for Children with Diabetes

Children with diabetes require medical care to remain healthy. The need for medical care does not end while the child is at school. Thus, while at school, each child with diabetes must be allowed to:

  • Do blood sugar checks when and where they want
  • Treat hypoglycemia with emergency sugar
  • Inject insulin when necessary
  • Eat snacks when necessary
  • Eat lunch at an appropriate time and have enough time to finish the meal
  • Have free and unrestricted access to water and the bathroom
  • Participate fully in physical education (gym class) and other extracurricular activities, including field trips

The Laws

The right of children with diabetes to care for their diabetes at school is based on the Individuals With Disability Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. These laws provide protection against discrimination for children with disabilities, including diabetes. Parents can use these laws to ensure that, while at school, their children with diabetes can fully participate in all school activities, while at the same time caring for their medical needs.

Any school that receives Federal funding must comply with IDEA and Section 504 laws. A child need not require special education to be protected.

Taking Action Against Discrimination

If you are faced with a school that does not comply with the School Bill of Rights for Children with Diabetes, you should first educate the school administration. Make sure they understand the laws and your child’s needs.

Schools that still refuse to cooperate should be advised that you are requesting preparation of an Individualized Education Program (IEP) and a Section 504 Accommodation for your child. At this point, the school must meet with you to negotiate the special services that your child requires. You should begin with the entire list of services in the School Bill of Rights for Children with Diabetes.  If your school still refuses to comply with the School Bill of Rights for Children with Diabetes, you should file a complaint with your state’s department of education. This is the first step in the process of litigation against your school system.  Your child has a right to care for his or her diabetes at school. The scientific data are clear on the value of maintaining glycemic control. Since there is no break from diabetes, there can be no break from the need to care for it. Time spent at school is no exception.

Since There Is No Break from Diabetes,
There Can Be No Break from The Need to Care for It.
Time Spent at School Is No Exception.

 

For More Information

Safe at School, from the American Diabetes Association, offers comprehensive guidelines for helping your child with diabetes succeed while at school.

The Individuals with Disabilities Education Act is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.

The DOJ ADA site also includes the KinderCare Settlement Agreement re: Diabetes Finger-Prick Tests, which includes information about diabetes for use by KinderCare employees.

How to Write an I.E.P. is a book designed to help parents who have children with disabilities succeed in school. Many parents of children with diabetes use an IEP to ensure that their children can care for their diabetes in school.