Know Your Rights

The Law and Diabetes

Children with diabetes require medical care to remain healthy. The need for medical care does not end while the child is at school. Any educational facility, school or daycare center, which receives federal funding, cannot discriminate in the educational process, admission, or treatment of a student who has diabetes. Therefore it is imperative that the school or daycare facility be made aware or the child’s condition and be provided with medical documentation stating the child’s condition. If the parents/ students request reasonable accommodations the educational institution is required by law to accommodate the child in a manner that ensures the child with diabetes to fully participate in all school activities and programs.

It is not the parent’s responsibility to provide the needed school accommodation. However, the school can refuse a request for an accommodation that is not well documented. The school does not have the right to request confidential medical information but do need to know what needs to be done to establish equal opportunity and safety for the child. Click on the following link to view a sample of 504 Accommodation Plan.

School Rights

Regardless of where a child performs blood sugar checks, he or she MUST be allowed to check at school. Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Individuals with Disability Education Act (IDEA) establish the legal basis for blood sugar monitoring and treatment of any condition (high or low blood sugar, for example) relating to diabetes while the child is at school. Any school or program receiving federal financial assistance, including all public schools and day care centers and those private schools and centers that receive federal funds are legally required to follow these guidelines. Federal law required all 50 states to provide “a free, appropriate education” to children with disabilities to ensure they are educated to the greatest possible extent with all other children. In short, a few, simple accommodations will allow children with diabetes to bloom in your classroom along with everyone else!

All children/teens with diabetes need a care plan at school to alert school staff about their medical condition. The care plan should be filled out by the parents/guardian and contain information about emergency contacts, signs and symptoms of a low/high blood sugar reaction, plans for treating low and blood sugar, plans for field trips, snacks and so on. Parents/guardians should update the plan at least yearly or more often if medication changes or other situations develop.

If it is felt that diabetes is interfering with the child’s ability to do well at school, parents and teachers may wish to draw up formal plans to meet the child’s needs. A 504 Plan outlines medical treatment for a child with a special need (in this case, diabetes). The IEP (Individualized Education Plan) states accommodations that will be met by the school to carry out the 504 plan.

Example:

504 states: “Child needs to check blood sugar when they feel low, or are to engage in physical activity. Child must have access to a snack if sugar is low, and re-test the sugar if necessary.”

IEP states: “Child must have access to blood sugar monitor when if they “feel “low”, have access to a snack, and recheck blood sugar in 15 minutes to ensure it is at safe level. If blood sugar is still low (below 60 mg/dl) after two snack treatments, parents should be notified.”

Responsibilities of parents and students:

1. Provide medical documentation that the child has diabetes
2. Provide written request for accommodations to meet the needs of the student with diabetes.
3. Request a formal meeting to discuss a 504 Plan and IEP.

Responsibilities of School/School Personnel:

1. Provide assurance of non-discrimination in writing to parents/student.
2. Have a notice of nondiscrimination in admissions to the school/daycare center or in programs/activities of the school/daycare center in the student/parent handbook.
3. Request specific recommendations from the child’s physician pertaining to the child’s care.
4. Designate an employee to coordinate compliance with the necessary accommodations.
5. Request a meeting with the parents to discuss a 504 plan and IEP.
6. Provide procedures to solve complaints, should any arise.

Snacks and School Parties

Children with diabetes usually follow a meal plan. Meal plans are usually determined by a registered dietitian and tailored to the needs of each child. Parents should provide teachers with specific instructions on what foods to avoid and good choices for snacks or class parties.

Parents should also provide morning and afternoon snacks for those children with diabetes who require snacks. The snack usually consists of a protein and carbohydrate, such as peanut butter crackers. For kids with diabetes, snacks are part of their essential medical care and are NOT an option. Children with diabetes who require snacks but are not allowed to eat them are at high risk for developing low blood sugar or hypoglycemia, a serious medical emergency. Accommodations for snacks are required by law for children with diabetes.

Good snack choices for school parties

• Plain Popcorn
• Nonfat Plain Yogurt
• Animal Crackers
• Vanilla Wafers
• Graham Crackers
• Raw Vegetable sticks
• Whole Grain Crackers
• Low fat Tortilla Chips with Salsa
• Plain Bagel (1/2 is 1 serving)
• Pretzels
• Fresh Fruit
• Remember 15 grams of carbohydrate = 1 carbohydrate serving. (Check label for serving size)

Field Trips:

Children with diabetes are like any other child and should not be excluded from field trips. The addition of exercise and excitement may make the child more prone to a low blood sugar so parents should be notified in advance so they can make insulin adjustments. Blood glucose meter, strips, and emergency phone numbers should be packed, along with snacks/emergency sugar source. The child must be allowed to eat a snack on the field trip if their sugar is low. Call the Diabetes Foundation of Mississippi for a free “Diabetes on the Go!” travel pack for field trips.

School Bus

The bus driver needs to be informed that a child with diabetes is riding the bus. The bus driver needs to know that the child must have a snack if their sugar is low. The Diabetes Foundation of Mississippi can provide a “Diabetes on the Go!” travel pack and “Warning Signs of Low Blood Sugar” card for the bus driver. The bus driver should attend the “It’s Not a Sweet Subject” presentation with school staff or may contact the DFM for additional information.

What is Diabetes? | Risk Assessment | Prevention | Screening | Managing Your Diabetes
Insulin Resistance & Pre-Diabetes | Know Your Numbers | Kids & Diabetes
Teens & Diabetes | Parents & Diabetes | Know Your Rights | Support Groups | FAQ