February 9, 2003
Other Social Issues
Question from Lombard, Illinois, USA:
Both of my children are in great control, are on the insulin pump, and test all the time. My 15 year old daughter is taking drivers’ education and when she filled out the form that her teachers gave her for a permit and she came to the section relative to prescription medicine, she asked the teacher if insulin was an issue. The teacher asked another teacher who said, “no”. She filled out the rest until she came to the question that asked her if she had ever passed out. She then asked the teacher, identified herself as having diabetes, and the teacher asked her if she had ever passed out which she hasn’t so the teacher said to say, “no” to the question.
She was issued a permit, but the school nurse says she cannot have it until she has her doctor fill out a form for the state. I told the nurse that we would not fill out the form because if my daughter filled the other form and was issued a permit by the state than they had no right to withhold that permit. I also told them that I believe this to be a form of discrimination! It is amazing to me that the school nurse spent so much time on this issue when she was supposed to notify all the teachers that my children have diabetes, something that is not done properly. Am I right to fight this issue? Do I stand on good ground? My son did not have to fill out this form. Your help is greatly appreciated.
Answer:
I have reviewed the relevant laws and regulations surrounding the issuing of student driver permits by the secretary of state and school driver education programs. I can find no authority granted to the school nurse, or any other school personnel, to hold possession of a student driver’s permit duly issued by the secretary of state.
I would immediately fax a letter to the school principal and the district superintendent demanding that your daughter’s student driver’s permit be given to her or you will file a complaint with the secretary of state police. When writing your letters and communicating with others about this issue, do not even bring up her diabetes. It has no bearing on this matter.
Keep in mind, however, that driving is a privilege; not a right. The secretary of state’s office has the authority to investigate and require evidence that your daughter’s driving will not be affected by a medical condition, including diabetes. However, your school has no such authority and you have every right to be outraged by their conduct in this matter. If the school continues to give you a hard time, contact an attorney for assistance. Also see state board of education regulations regarding driver education programs:
DS