Federal laws protect the rights of children with disabilities – such as diabetes. Students with diabetes have the right to enroll and participate in school, just like their classmates. This means they have the right to receive the diabetes care they need to be safe and have the same educational opportunities as students without diabetes have. There are several important federal laws that provide protections.
Federal Laws that offer protection
This information was prepared by the American Diabetes Association, a national leader in diabetes information and advocacy. The ADA Strives to be constantly up to date, but laws can change. It is not a substitute for professional legal advice. Select sections of the ADA website pertaining to the Americans with Disabilities Act and other Federal Laws set in place to provide protections have been copied and condensed here for ease of research and information retrieval. Please visit the American Diabetes Association website for more information.
State Laws, Regulations and Policies for School Diabetes Care
Federal law gives students the right to receive the diabetes care they need to be safe and participate in school activities just like any other child. Schools should provide the following:
- Trained staff to monitor blood glucose levels and administer insulin and glucagon
- Trained staff to provide diabetes care during field trips, extracurricular events and all school-sponsored activities
- Capable students permitted to self-manage their diabetes anytime, anywhere
Schools should not:
- Make family members go to school to care for a student’s diabetes
- Transfer students to a different school to get needed diabetes care
- Prevent students with diabetes from participating in field trips, sports and other school-sponsored activities
Section 504 of the Rehabilitation Act of 1973 (Section 504)
Section 504 of the Rehabilitation Act of 1973 (Section 504) provides important protections for students with diabetes attending public school or private and religious schools that receive federal financial assistance. That is, it applies to the vast majority of students. Section 504 prohibits schools from treating children with disabilities—like diabetes—unfairly. It gives children with disabilities the right to the care they need to be safe and fully participate. Students do not need to have any problems with learning in order to be protected by Section 504. Covered schools are required to provide reasonable services and modifications that should be documented in a Section 504 Plan.
The best way to protect your child under this law is to put in place a 504 Plan.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities, including diabetes. It has provisions very similar to Section 504. It applies to public and private schools, preschools, child care centers, and camps except those run by religious institutions.
Individuals with Disabilities Education Act (IDEA)
Under the Individuals with Disabilities with Education Act (IDEA), the federal government gives money to state and local education agencies to provide special education services to some children with certain disabilities. In order to get services, the student’s disability must harm his or her ability to learn. Some children with diabetes qualify for special education services under IDEA, especially if they have another disability, such as autism, or another learning disability. Some children may qualify on the basis of diabetes alone. Students who qualify will have an Individualized Education Program (IEP) that sets out what the school is going to do to meet the child’s individual needs.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) requires employers to give their employees up to 12 weeks of leave without pay due to a health condition each year. It can be used to take care of children with diabetes. For example, a parent/guardian might use it if his/her child is hospitalized, or for doctor’s appointments. It should not generally be used to provide care to their children at school because this is the school’s responsibility. Many employees do not qualify for protections under this law.
Protecting Students With Disabilities / Office for Civil Rights
Protecting Students With Disabilities
What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504.
The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.
Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are anti-discrimination laws and do not provide any type of funding.