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Welcome to the "Children Have Rights In School" web site.
This information is specifically targeted for children with Type 1 (Juvenile) Diabetes.


  March 24, 2007 JDRF "Walk For A Cure" in Boca Raton, Florida

Please Visit Our Sponsor Page


     
 

Our Mission                                                   

We would like to make changes in local and national legislation regarding the needs and rights of our schoolchildren who have Diabetes.

Many parents do not know where to turn for answers about the care and the rights of their diabetic child while attending school. The purpose of this web site is to inform and educate these parents. We want to share with you what we have done, and are doing now, to try to end the risk of your child not being allowed to care for themselves properly during the day. We hope we can help you find answers  and end the worry you have while you are away from your child.


Dear Family and Friends,

      Another year has gone by and I would just like to thank everyone for their donations and continued support. With everyone’s help we raised over $10,000. The walk was a great success, even with the rain! I can’t thank everyone enough for their donations and support. Every time another check would come in the mail, it made me feel so happy that so many people care about me and want to find a cure. My dream is that one day there will be a cure and I will not have to live my life with the complications that diabetes can bring. Thanks to your help, one day my dream will come true. 

  Love Always,

  Nikki Wagner                   

                                      

 

 Support the Medicare Safe Needle Disposal Coverage Act of 2005

HR 2841

   A new piece of federal legislation, HR 2841, entitled the “Medicare Safe Needle Disposal Coverage Act”, has been introduced in the U.S. House of Representatives during the week of June 6, 2005. 
    This bill will provide Medicare reimbursement for the costs of needle destruction devices and sharps-by-mail programs for the self-injecting patient with diabetes. 
    Reimbursement for the associated costs of proper home-needle disposal will play a major roll in efforts to eliminate the unsafe disposal of nearly 3 billion needles used annually in the U.S. outside a healthcare facility. 
    We urge you to contact your Congressional Representative and ask them to support this important legislation.  As politics go, the greater the show of support, the greater the chance of success.
    Any questions or comments regarding this effort may be directed to this site as well as the offices of Congressional Representatives Mike Ferguson (NJ) or Ted Strickland (OH).

 



 

To View pictures of the   Walkathon   *Click Here*

 

 

 

Congress Overrides President's Veto of Medicare Bill: $300 Million for Type 1 Diabetes Secured

New York, NY, July 16, 2008 -- Congress yesterday was successful in overriding President Bush's veto of the Medicare legislation, including funding for diabetes research, that was passed by the House last month and by the Senate last week. 

The legislation includes a two year extension of the Special Diabetes Program (SDP), providing $300 million for type 1 diabetes research ($150 million per year for two years).  This is the second largest influx of federal research dollars ever provided to fight this disease;  a multi-year extension of the SDP was JDRF's top legislative priority this year.  Passage of the bill avoids a 35 percent cut in federal support for type 1 diabetes research. 

"This multi-year renewal of the SDP will enable NIH and the research community to continue aggressively fighting diabetes," said Larry Soler, JDRF's Vice President of Government Relations.  "The strong, bipartisan support for the SDP in Congress stems from its demonstrated record of success and return on the federal investment.  JDRF is grateful and pleased that this Congress has made the future of this life-saving program a priority in a difficult budget climate." 

Created in 1997, the SDP provides multi-year focused funding that has led to the development of new technologies and therapies that are helping people with diabetes and accelerating the pace of science leading to a cure.  The SDP has been renewed by Congress four times and consists of two parts - research funding for type 1 diabetes and type 2 diabetes treatment and education programs for Native American populations. 

JDRF is the leading charitable funder and advocate of type 1 (juvenile) diabetes research worldwide. The mission of JDRF is to find a cure for diabetes and its complications through the support of research. Type 1 diabetes is a disease which strikes children suddenly and requires multiple injections of insulin daily or a continuous infusion of insulin through a pump. Insulin, however, is not a cure for diabetes, nor does it prevent its eventual and devastating complications which may include kidney failure, blindness, heart disease, stroke, and amputation.

Since its founding in 1970 by parents of children with type 1 diabetes, JDRF has awarded more than $1.16 billion to diabetes research, including more than $137 million in FY2007. In FY2007, the Foundation funded 700 centers, grants and fellowships in 20 countries.


 

     

Oregon school bus driver loses job after sick child told to get off

The Associated Press -Friday, October 14, 2005

    SALEM, Ore. – A school bus driver no longer has his job after he allegedly told a sick child to get off his bus.
    The diabetic child was left several blocks from his house the morning of Oct. 7, according to his mother, Leigh Nowning.
    The 12-year-old used his cell phone to call her. She picked him up and later took him to a hospital emergency room.
    "If my son had not had that cell phone, he'd be dead," Nowning said.
     The Salem-Keizer School District would not release the driver's name, citing privacy issues.
     District officials declined to comment, and refused to say whether the driver quit or was fired. But school district officials confirmed the man no longer worked for the district as of Wednesday.
     Nowning said she viewed a school district surveillance video from the bus Thursday. On the tape, she said she saw the bus stop as children told the driver her son was throwing up. Her son walked up the aisle to tell the driver he was ill.
     "The guy just said 'Get off the bus, then,"' Nowning said.
     She picked up her son about six blocks away from their home. She said he is a Type 1 diabetic, and a home test showed his blood-sugar levels were high. They went to the emergency room for treatment.
     "He was passing out when he stood up," she said. "His metabolic system was in shock, and it doesn't take much longer for a person to go into a coma, followed by death."
     School district spokesman Jay Remy said there is a protocol bus drivers follow when children are ill on district buses.
     Drivers must first ask if the student is OK. Then they are supposed to determine how sick the child may be.
     If the illness is considered "moderate," the bus driver is to proceed to the child's school or home, depending on the direction they are traveling. If the child's condition is worse the driver is to call 911 or contact a dispatcher for help while giving first aid.
     Nowning said it was clear from the video that the driver did nothing for her son. She said she will consider a lawsuit and ask for a criminal investigation.
     School district officials said they were investigating.

http://seattletimes.nwsource.com/html/localnews/2002561577_weborebusdriver14.html

 

 

Teacher Banned After Ripping Out Boy's Insulin Pump

Oct. 4, 2005

A substitute teacher in Lake County, Fla., was terminated and banned from teaching in the county after he ripped out a student's insulin pump during class apparently thinking it was a ringing cell phone, according to a Local 6 News report.

Officials said a ninth-grade student at East Ridge High School, who is a Type I diabetic, was in class Monday when his insulin pump began to beep, indicating he was low on insulin.

Witnesses said the class teacher, Richard Maline, 51, asked the student what the beeping was.

School officials said Maline then grabbed the device, thinking it was a cell phone beeping and detached the tube that connects the insulin pump to the student's leg.

The student went to the school's clinic and had the tube reinserted.

Lake County school officials then acted quickly and terminated Maline, Local 6 reporter Louis Bolden said.

"This is a very serious incident," Lake County schools spokesman Russell Anderson said. "Our substitute teachers, we provide them training on the behavior we expect of them in the classrooms. When they do something as serious as this, we don't hesitate to remove them from being a substitute teacher."

Maline told Local 6 News off camera that his is an unfortunate situation.

The Lake County Sheriff's Office is investigating the incident and trying to determine if there was any criminal intent.

      Yahoo News

 

     

A Need For More School Nurses

A Times Editorial
Published October 3, 2005

Like it or not, working parents are relying on the public schools more than ever - not only to educate their children, but also to keep them safe, provide help for their social and emotional problems and take care of their health needs during the school day.
The public school clinic, traditionally a closet-sized nook staffed by a parent volunteer or a school office clerk, has always treated scrapes, stomachaches and other upsets with bandages, sympathy and a call home to parents. That prescription isn't enough in today's school settings. Growing numbers of children suffer from insulin-dependent diabetes, asthma and severe allergies - conditions that can require life-saving intervention at school. More children are on prescription drugs or medical regimens that require assistance at school. And many seriously ill and physically handicapped children are mainstreamed into public schools - even those who can't walk, are on feeding tubes, need catheterization or require breathing equipment.
Are Florida public schools equipped to deliver that kind of medical assistance to children? Most are not, and budget shortfalls and academic accountability measures press public schools to spend their limited funds on other priorities, despite evidence that schools that do a good job of handling students' health issues have lower absenteeism and higher test scores.
In Pinellas County, for example, school nurses are spread so thin that 103 of the district's 137 schools get a registered nurse only one day a week. (On other days, office clerks or teacher's aides follow nurses' instructions to monitor blood sugar levels, give sedatives to halt seizures or start treatment of an asthma attack.) Those nurses are responsible for an average of 4,350 students each. National health care organizations recommend a ratio of 1 to 750.
Florida averages more students per registered nurse than any other state in the South, according to the National Association of School Nurses. With so many students, school nurses have little time to give even the most medically needy students substantial attention or to educate students about important health care issues such as childhood obesity.
The demands on public education today are enormous, yet public schools must be institutions that respond to the needs of children trying to learn. With increasing numbers of children needing more sophisticated medical monitoring in the school setting, taxpayers and school districts need to provide the resources to hire professionals who can deliver that care promptly and safely.
 

 

 

Educational Video-in MS Media Format

Video File

 Taking Diabetes Back To School

 

 

Teacher yanks out student's insulin pump
The East Ridge High substitute is fired after mistaking the medical device for a cell phone.

Erin Cox and Vicki Mcclure | Sentinel Staff Writers
Posted October 6, 2005

 CLERMONT -- Cliffton Hassam's blood sugar has returned to normal, but the shock has not worn off.

The East Ridge High School junior said Wednesday he is still reeling after a substitute teacher mistook the student's insulin pump for a beeping cell phone and snatched it out of his hands Friday, detaching the tube regulating his blood sugar.

The least he could have done is ask me," Cliffton said. "I'm just shocked. They should know my situation."
The school district fired the substitute teacher Friday afternoon.

"I have nothing to say," substitute teacher Richard Maline said when reached by phone Wednesday.

Cliffton, 16, said he has had Type 1 diabetes for 10 years. The pump he wears at his hip alerts him with a beep when his blood sugar reaches dangerous levels. A tube is connected to a catheter that goes beneath the skin on his thigh.

"It's my whole life on my side," he said. The square, neon-blue pump, which looks like a pager, began beeping in Cliffton's third-period reading class while the students were being rowdy, he said.

Maline demanded Cliffton give him the pump and took it when he refused, pulling out the tube that drips insulin into Cliffton's body.

Maline "is very remorseful for what he's done," said Russell Anderson, executive director of human resources for the Lake County school district. "Had he known that was a medical instrument, he would have not done that."

Maline retired from the New York City Police Department in July after 21 years, according to district personnel records. He had worked in the district since March and substituted at East Ridge 22 days.

"This was a grave mistake on the part of the teacher's judgment," Anderson said. "When we train our substitutes, that's one of the items we cover. We specifically train our substitutes on this particular device and explain to them that a diabetic pump can be mistaken for a cell phone."

Cell phones and pagers are to be turned off and kept out of sight during school hours and on school buses, according to the district's student code of conduct. If not, they will be confiscated.

Friday was not the first time Cliffton's pump has been mistaken for a cell phone, the teenager said. He said his supervisor at a Clermont Publix asked him to put away the pump until Cliffton explained what it was.

Cliffton's mother, Eva Hassam, filed a report with the Lake County Sheriff's Office after the East Ridge incident.

However, law-enforcement officers said they will not investigate.

"We don't see a criminal complaint here," said Sgt. Christie Mysinger. "There was no intent to cause any harm."

Other teachers knew about Cliffton's disease, Mysinger said.

Pauline Ellis, senior marketing director with the American Diabetes Association, said the Clermont case seems isolated. Usually, parents will file a health plan informing teachers and school nurses about the special needs of their children.

"It probably wouldn't have happened if it had not been a substitute teacher," Ellis said.

Most insulin pumps are designed to stay put, even when swimming or playing sports.

"It would take a considerable yank to pull it out," she said.

If the pump comes off, it can be put back into place with a pump set, which comes with a catheter, tape and cleaning agents.


A 2004 settlement in Boca Raton forced school officials to make changes in the way they handle diabetic students. The $10,000 settlement, stemming from a case in which a girl's insulin pump was confiscated by an assistant school principal, required school officials to distribute training guides to all schools, advise diabetic students of their rights, such as snacks during class and extra restroom breaks.

East Ridge Principal Aurelia Cole said the school learned of the incident after Cliffton reported it at the office. An administrator was contacted immediately, she said, and the student was treated in the school clinic.

Assistant Principal John Schmidt notified district headquarters and recommended Maline no longer work as a substitute, Cole said.

She said the school had not had problems with Maline previously.

Schmidt was not immediately available to talk to Cliffton's parents once they arrived at the school, Cole said, because he was working lunch duty in the cafeteria.

Cole was out of the office Friday attending a school conference in Washington.

"I don't want this kid to suffer anything," Cole said. "I'm just glad it wasn't any more serious than it was."

In a school the size of East Ridge, which has more than 2,700 students, "some things are going to happen that we don't want to happen. We have to make sure we react properly."

Cliffton said he wanted to make sure the same thing did not happen to other students.

"This is just for the safety of other diabetic kids, so they don't get yanked," Cliffton said.

Nin-Hai Tseng of the Sentinel staff contributed to this report. Erin Cox can be reached at 352-742-5926 or ecox@orlandosentinel.com. Vicki McClure can be reached at 352-742-5928 or vmcclure@orlandosentinel.com.


Please Help!

JDRF was founded in 1970 by the parents of children with juvenile diabetes -- a disease that strikes children suddenly, makes them insulin dependent for life, and carries the constant threat of devastating complications. Since inception, JDRF has provided more than $600 million to diabetes research worldwide. In a typical year, 85 percent of JDRF's expenditures directly support research and education about research. JDRF's mission is constant: to find a cure for diabetes and its complications through the support of research.

Pledge Online Here 

 

 


A big THANK YOU to all the employees at

Jon Francis & Co
. who donated their time 
& talent once again at the March 2, 2005 
Cut-a-thon. They earned a total of $880 
towards the Wagner family team total.

 

 

 


 

PARENTS OF DIABETIC STUDENT FILE DISCRIMINATION SUIT CLAIM CONTENDS CHARTER SCHOOL OVERLY RESTRICTIVE

 


Sun - Sentinel

 Dec 15, 2004.

School District spokeswoman Vickie Middlebrooks said that because the Lantana school is a charter school, "they're governed by their own board that sets their policies" and not bound by the School District's.

 

The parents of a diabetic student at Chancellor Charter School in Lantana have sued the Palm Beach County School Board, accusing it of violating the Americans with Disabilities Act.

The parents say their son was prevented from checking his blood- sugar levels in class and prohibited from administering his own medications in the classroom.

The federal lawsuit alleges that the child, identified in court papers as "D.C.," was discriminated against by being told that he risked getting blood on other students, thus creating an unreasonable fear that the boy's classmates were at risk for infectious disease.

The complaint also states that for a time, the boy was:

Discouraged from using a cell phone at school so that his parents could monitor his condition.

Required to test his blood sugar in the nurse's office, even though he was capable of self-monitoring in class without disrupting anyone.

Prevented from giving himself medication in the classroom.

The suit states that because of the situation, D.C.'s parents kept him out of school, but that an agreement was reached to train staff members so that D.C. could attend the school in the fall of this year. But the enrollments of D.C. and his sister enrollment were "abruptly canceled" in June, and D.C. has been prevented from attending the school because of his diabetes, the suit states.

D.C.'s parents are seeking damages for tuition reimbursement, pain and suffering and deterioration of the child's condition.

The plaintiff's lawyer, Stewart Lee Karlin, said Tuesday that he did not want to comment on the lawsuit.

School District spokeswoman Vickie Middlebrooks said that because the Lantana school is a charter school, "they're governed by their own board that sets their policies" and not bound by the School District's.

 

 


 

Bill OK'd To Let Students Test Their Own Diabetes

Public school students with diabetes could inject themselves with insulin and monitor their own blood sugar during school hours if Governor Mitt Romney signs legislation passed this week on Beacon Hill.

The bill seeks to have all public school districts follow a uniform practice for students with diabetes, a potentially life-threatening disease in which blood sugar is too high or too low and needs to be monitored.

The bill, which arrived on Romney's desk on Monday, is under review, said spokeswoman Jodi Charles. The governor has 10 days from the day the bill arrived to sign or veto the measure, called Ashley's Bill, after Ashley Dacanay, a former Seekonk student who did not want to go to the school nurse every time she had to check her blood sugar.

Dacanay's mother, Cynthia Proctor-Dacanay, inspired state Senator Jo Ann Sprague to file the legislation about four years ago for the first time. Yesterday all three cheered the news that the measure had passed the House and was on the governor's desk.

''We've been waiting so long now," said Ashley, now 18 and a nursing student at Rhode Island College. ''It's too late for me, but not for other kids."

Health officials did not know how many children in the state have diabetes. School districts vary in their handling of students with diabetes, said Sally Fogerty, associate commissioner of the state Department of Public Health. Some schools let students carry syringes for insulin and prick their fingers to check their blood sugar. Others require students to visit the school nurse for care. Boston public schools handle diabetes on a case-by-case basis, spokesman Jonathan Palumbo said.

Parents say children must learn to handle diabetes on their own, especially since the children might have a life-threatening situation without an adult present. The bill would let students treat themselves only if their physician certifies in writing that they are able to do so.

If the bill passes, Fogerty said it is doubtful that children would be using needles on the playground. Many use insulin pumps, so that syringes are not always needed. Others are trained to discreetly inject insulin. Students can quietly check their own glucose levels by pricking their fingers for blood and pressing it against a meter small enough to fit in a backpack.

''Kids just won't be taking out a needle and using it," Fogerty said. ''It will all be done in a thoughtful way."

Nationally, about 206,000 people under age 20, less than 1 percent of that age group, have diabetes, according to a 2002 survey, the most recent available from the National Institute of Diabetes and Digestive and Kidney Diseases in Maryland.

Not all diabetics require insulin shots, according to the institute. There are two main kinds of diabetes: Type 1 diabetes, the kind Dacanay has, usually occurs in children and requires insulin shots or a pump and monitoring of blood sugar. Type 2 diabetes, the more common form in adults and children, is often linked to obesity and may not require insulin.

Parents whose children need insulin shots take their children's independence seriously. Many have taught their children early to manage the disease. Like an asthmatic child with an inhaler, diabetics carry their syringes, insulin, and blood-sugar meters everywhere, to birthday parties, the beach, and to school.

''There are parents who teach their children from the moment they can understand that this is how you take care of yourself because I'm not always going to be with you," Proctor-Dacanay said.

''When she was 4 years old she was pricking her own fingers," Proctor-Dacanay said of her daughter.

Moira McCarthy Stanford, past president of the New England chapter of the Juvenile Diabetes Research Foundation, said it is important for parents and schools to work together, because making it easier for children to check blood sugar will probably keep them healthier. When her daughter Lauren was in elementary school, Stanford visited the classroom, talked to students and teachers, and tried to make managing diabetes as normal as possible, she said.

Now 13, Lauren checks her blood sugar four to 10 times a day, often quietly in class. ''That's all it takes," said Stanford, who lives in Plymouth. ''It's just so much more normal to pull out your meter and do it at your desk."

Still, parents said schools should treat students individually. Young children or newly diagnosed diabetics might need the help of a school nurse. Others probably can handle it on their own. ''A kindergartner would need help with blood sugar testing and injections, of course," said Diane Covert of Belmont, whose son Thom, now 21, has diabetes. ''But there are 10-year-olds who do it for themselves."

As one of her last acts in office, Sprague, whose term in office ends next month, sent Romney a letter urging him to sign the bill. ''We were just about to give up hope," she said.


Parents Sue School Board Over Diabetic Boy's Self-testing

Tuesday, December 14, 2004

The family of an elementary student is suing the school board, saying the diabetic boy was put at risk because he was banned from self-testing his blood-sugar levels in the classroom.

The lawsuit filed in federal court last week states that the boy, identified only as "D.C.," was told he could monitor his blood sugar only in the school's nursing office. 

The incidents alleged in the lawsuit occurred before September, when the school board removed its ban on self-testing of blood sugar in classrooms. The new policy allows students in third grade and beyond to self-test if they show the necessary maturity.

Some of the more than 200 diabetic students in local public schools have complained in the past that frequent visits to the nursing office is disruptive to their education.

The lawsuit filed by D.C.'s parents further claims that the boy was excluded from a field trip and denied rights to use a cellphone to advise his parents of his blood-sugar levels.

The boy attended the district's Chancellor Charter School in Lantana until June, according to the lawsuit. It was not clear whether he had attended other local public schools. The family's attorney, Stewart Lee Karlin of Fort Lauderdale, would not comment.

The parents of the boy were not identified in the lawsuit, which contends that the school's policy violated the Americans with Disabilities Act.

The parents are asking for tuition reimbursement, damages for alleged deterioration of the boy's condition and compensation for pain and suffering.

The parents claim one teacher told the boy that testing his blood sugar in the classroom could endanger his classmates if blood got on their clothes.


 

Below is a link from the Parent Task Force at Children with Diabetes.com that might be useful to parents as you start talking to your schools about your diabetic child, and meeting the school nurses for the first time. It is a memo from the N.Y. State Education Department in reference to alternative solutions (training lay people) of administering glucogon in the event of an emergency.  
New York State Education Department Office Of Professional Responsibility

 


Remember to visit the "Links" Page often, as new and helpful links are added frequently.


UF Researchers 
Use Adult Stem Cells 
to Produce Insulin...News


 

"Seniors Allied for Biomedical Research"  Go to the Links page to see what projects they are doing to aid in research!!!

 

 Check Out the "Your Story" link, for reader's comments & their children's experiences at school. Feel free to send in your comments!

 

 

 SCHOOL BOARD POLICY ALLOWING CHILDREN TO TEST IN CLASSROOM

 School Board Policy 6Gx50-5.3212

BLOOD GLUCOSE MONITORING

Pursuant to Fla. Stat. 1006.062(4)(c), students with diabetes mellitus (insulin-dependent or non-insulin-dependent) or recurrent hypoglycemia have the right to monitor their blood sugar levels, or to have such levels monitored, during the school day as ordered by their physician.

The purpose of blood glucose monitoring is to obtain information needed for appropriate decisions regarding the balance of insulin, food, and exercise for the student.

Parents/guardians have the responsibility to notify the school administration in advance, pursuant to Board Policy 5.321, that their child will use a glucose monitoring device. Each student who will use a monitoring device has the responsibility of showing it to his/her teachers and school administrators at the beginning of the school year (or later time corresponding with beginning to use the device at school), and the device should be labeled with the student's name and other information consistent with Policy 5.321.

The Superintendent shall annually direct school principals to notify assistant principals and teachers of the students who will use glucose monitoring devices in their school. Applicable personnel are to be trained, as deemed appropriate by the Superintendent, concerning identification of blood glucose monitoring devices.

 The student, school nurse, or other personnel trained pursuant to section (7) below, will perform the monitoring. If a student will perform the monitoring, he or she shall be assessed by the school nurse for adequate knowledge and skill in all aspects of blood glucose monitoring. Students performing self-monitoring shall be under the supervision of the school nurse or other personnel trained according to section (7) below.

 The school principal/designee shall identify at least two personnel to be trained in accordance with section (7) herein, as backup for the school nurse in order to supervise and/or perform monitoring of blood glucose for students with diabetes or recurrent hypoglycemia.

Nonmedical school district personnel shall be allowed to perform or assist with blood glucose monitoring as a health-related service pursuant to Fla. Stat.  1006.062(4), upon successful completion of child-specific training by a Florida-licensed registered nurse, nurse practitioner, physician (M.D. or D.O.), or physician assistant. The school nurse will supervise and assess the proficiency of nonmedical school staff who receive such training.

As required by Fla. Stat. 1006.062(4), all blood-glucose monitoring procedures shall be monitored periodically by a Florida-licensed registered nurse, nurse practitioner, physician (M.D. or D.O.), or physician assistant.

The schedule for a student's glucose monitoring in school should closely follow the monitoring schedule used at home. The student's individualized health care plan ("IHCP") and/or Section 504 Modification Plan ("504 plan") should specify when regular monitoring is to occur and when symptoms would indicate the need for additional monitoring.

The most appropriate setting for the glucose monitoring will, in many cases, be the school health room. Students in grades three and higher who demonstrate capability and maturity may monitor or be monitored in a supportive classroom situation. The location and method of monitoring such glucose levels, including safe disposal of sharps/lancets, shall be determined by a joint decision of the school principal/designee and the school nurse, with input from the student, the student's parent(s)/guardian(s), and the student's physician or other licensed healthcare provider.

 The IHCP and the 504 plan will address emergency care procedures for individual diabetic students and will contain a detailed description of the method of response.

Consistent with Fla. Stat.  1006.062(2) and Board Policy 5.321, there shall be no liability for civil damages as a result of monitoring of student blood glucose levels when the person performing or supervising such monitoring acts as an ordinarily prudent person would have acted under the same or similar circumstances.

School principals and 504 designees will receive annual training on Section 504 of the Rehabilitation Act of 1973. Such training will include, but not be limited to, diabetes.

The most appropriate setting for the glucose monitoring will, in many cases, be the school health room. Students in grades three and higher who demonstrate capability and maturity may monitor or be monitored in a supportive classroom situation. The location and method of monitoring such glucose levels, including safe disposal of sharps/lancets, shall be determined by a joint decision of the school principal/designee and the school nurse, with input from the student, the student's parent(s)/guardian(s), and the student's physician or other licensed healthcare provider


  Diabetes in School: Your Child’s Rights

New York, NY, August 27, 2003 — Relationships between schools, teachers, and the parents of children with juvenile diabetes are often as unique as the individuals themselves.  While there are federal and, in some cases, state laws protecting the rights of children with diabetes in school, such laws only provide general guidelines and are enforced differently in different areas.  At the beginning of each school year, you will need to communicate with your child’s principal, teacher, nurse, and any other adults who will share responsibility for your child during the day, to come up with a plan to make sure your child is well cared for throughout the year. 

By far the most important legal document you can have to protect your child’s rights is a 504 plan.  504 plans are relatively easy to create (see examples), and are an invaluable tool for allowing your child the same access to educational opportunities as their peers.  504 plans, unlike other health plans, can be particularly useful in allowing special accommodations for your child during standardized testing.  504 plans may be as detailed as you like, and should clearly specify roles and instructions for the school personnel, as well as for the parent/guardian, and the child.

Even with a 504 plan, however, problems may arise between you and the school.  Should you have a conflict, there are a number of things you can do to improve the situation.  But first, determine where the problem lies.  Unfortunately, lack of awareness about diabetes is still a big problem in some areas.  Schools may not be well informed about Section 504, or what’s covered under it.  Be sure to give them all the information they need to understand your child’s special needs and rights.  Take the initiative, and be careful not to assume the school is being uncooperative when the issue may be just a misunderstanding.  Consider bringing a Certified Diabetes Educator (CDE) or other diabetes expert to the school, if possible, to train the staff and help them understand your child’s needs. 

JDRF volunteer and mom Julie Costakis strongly advocates a proactive approach after her own experience with son Grant’s kindergarten and first grade teachers.  “It is amazing what some schools, nurses, and teachers will do to help their students with diabetes,” she says.  Julie approached Grant’s kindergarten teacher last year at the beginning of the summer to explain her son’s case.  The teacher agreed to meet with Grant privately during the summer in the Costakis’s home to learn about his diabetes care regimen and how his high and low blood sugars affect his behavior.  The first grade teacher did the same this year.  Julie knows she is very fortunate and says, “We shower these teachers with thanks for giving their time and effort.”

On the other hand, there are a number of documented cases where the school will not cooperate.  One such case involved William Cross, board member and co-chair of the government relations committee for JDRF’s Greater New Haven Chapter, whose daughter Katelyn has juvenile diabetes.  In 1996, Katelyn’s school refused to agree with Katelyn’s 504 plan request to check her blood sugars and have snacks in the classroom, despite the fact that the plan was proposed by her doctor at Yale University School of Medicine.

As a result, Katelyn had to go to the nurse’s office and miss valuable class time every time she needed to check her blood sugar.  After repeated attempts at negotiation with the school for a better arrangement, William Cross finally filed a lawsuit.  In 1999, an acceptable agreement was reached, and today Katelyn (now at a different school) has no difficulties with her diabetes plan at school.

Since most parents don’t have the resources or desire to engage schools in long legal battles, JDRF encourages using this option only as a last resort.  At the same time, however, it is important that you don’t allow yourself to be pressured into an agreement that compromises your child’s safety and well-being in any way.  In other words, don’t be afraid to “make waves” if necessary.  The way a school “has always done it” may not be the best way for your child.  Whenever possible, document things in writing—this offers protection for both you and the school.  You may also file a complaint with the U.S. Department of Education’s Office for Civil Rights in case of disputes.

Another option is to pursue state legislation to protect your child.  A number of JDRF volunteers, who are also parents of children with diabetes, have had success with this approach, and JDRF fully supports such efforts on the local level.  Currently, six states have their own laws addressing diabetes management in schools: Montana, North Carolina, Tennessee, Virginia, Washington State, and Wisconsin.

Local support groups and JDRF chapters can be great resources for coming up with a strategy for dealing with a school.  Perhaps there are other parents in your area who share your frustrations, or who have overcome similar ones, and can help you improve your situation. 

Remember that your goal is to establish a good long-term relationship with your child’s school, so try to be positive and communicate frequently with teachers, nurses, or other relevant staff. 

 


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  Nurse's Note * (Tips For Parents)


Dear parents:
Here are a few tips from your local school team:

-Know your rights (learn about the legislation available to help your child succeed in school. Two important laws are IDEA '97 and Section 504. Free information can be obtained from the Florida Department of Education Clearinghouse.

-If you think your child is having a problem, say so early. Notify your school nurse.

-Don't assume that staff is familiar with diabetes. Work with your school nurse to 
correct misconceptions.

-Keep good records of treatment.

-Know that your school nurse is part of the team to assist with your child's individual health. 

-Build a long-term relationship with your school nurse and school team.


We are here to assist you. Please share your concerns with us so we can help!

Sincerely yours,

Julie VandeSteeg (Team Leader - Diabetes) 
Winnie Whidden (School Health Supervisor)


Please visit our Newspaper Article Section on The Goals-Advice  page for ideas on how you can help locally. Check out how area schools and businesses are helping raise money for research on our new Fundraising page.


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Last modified: September 1, 2008*