All school staff members need to have a basic knowledge of diabetes and know who to contact for help.
All school staff members need to have a basic knowledge of diabetes and know who to contact for help.
American Academy of Pediatrics American Association of Clinical Endocrinologists American Association of Diabetes Educators American Diabetes Association American Dietetic Association Children With Diabetes Disability Rights Education and Defense Fund Juvenile Diabetes Research Foundation Lawson Wilkins Pediatric Endocrine Society Pediatric Endocrinology Nursing Society
American Academy of Pediatrics American Association of Clinical Endocrinologists American Association of Diabetes Educators American Diabetes Association American Dietetic Association Children With Diabetes Disability Rights Education and Defense Fund Juvenile Diabetes Research Foundation Lawson Wilkins Pediatric Endocrine Society Pediatric Endocrinology Nursing Society
Goals for School Diabetes Care
Schools must provide a medically safe environment for students with diabetes.
Students with diabetes must have the same access to educational opportunities and school-related activities as their peers.
TEAM APPROACH TO ACHIEVE
Parent
Student
Student’s health care provider
School nurse as facilitator and coordinator of care
Legal Protection of Students with Diabetes: Federal Laws
Section 504 of the Rehabilitation Act of 1973 (Section 504)
Americans with Disabilities Act (ADA)
Individuals with Disabilities Education Act (IDEA)
What’s The Difference?
Section 504: students attending public and private school receiving federal funds covered; the major life activity substantially limited does not need to be learning.
ADA: same as 504, except covers daycares and camps; does not cover religious affiliated schools/programs unless federal funds received.
IDEA: special ed law; must demonstrate that diabetes or another disability adversely impacts ability to learn and to progress academically.
Section 504
A civil rights law that prohibits discrimination on the basis of disability.
Who is covered? Child with a physical or mental impairment that substantially limits one of more of major life activities, has a record of such an impairment, or is regarded as having such an impairment.
What schools? All public schools and private schools that receive federal financial assistance.
Accomplish through education, negotiation, litigation, legislation.
Educate school personnel about diabetes and legal obligations.
Negotiate using resources such as NDEP school guide, ADA resources, and pump companies.
Litigate if necessary – OCR, due process, state court, federal court.
Legislate if all else fails and clear legal barriers exist.
Diabetes Basics
Insulin Pump Challenges: Educate to Overcome
Fear and ignorance
Perception that pumping is complicated
Perception of increased responsibility and workload for school nurse and other school personnel
Fear of damaging pump
Resistance to learning about operation of equipment
Concern that younger children will push buttons and accidentally dose
ADA Education discrimination packets and individual help at 1-800-DIABETES for your patients
ADA Education discrimination packets and individual help at 1-800-DIABETES for your patients
ADA Discrimination Web Page: www.diabetes.org/discrimination click on “school”
Your School & Your Rights Overview of how to protect students with diabetes against discrimination by schools and day care centers.
Education Discrimination Materials Collection of school advocacy materials to assist families in securing appropriate diabetes care at school.
School Legislative Efforts State school diabetes care laws to protect students with diabetes.
School Discrimination Resources
Organizations and agencies that can provide assistance to families in securing appropriate school diabetes care.
Scientific Support
Darby, Wendy, CRNP, PhD: The Experiences of School Nurses Caring for Students Receiving Continuous Subcutaneous Insulin Therapy: Journal of School Nursing: Vol. 22, Issue 6, Pages 336-344.
School nurse fear of pumping can be overcome with education, resources, and hands-on experience.
Sci-Support – Acute Complications
Arleta Rewer, MD, et al (Barbara Davis Ctr): Predictors of Complications of Children withType 1 Diabetes: JAMA, Vol. 287, No. 19, 5/15/02.
Ketoacidosis – 8 per 100
Severe hypoglycemia – 19 per 100
More Scientific Support
Helms, MA, Clarke WL.: Safe at School: A Virginia Experience: Diabetes Care, March 10, 2007 (Epub).
Safe care can be delivered by trained medical and non-medical personnel.
Use ADA’s, pump company’s, and other resources to negotiate with school administrators
Use ADA’s, pump company’s, and other resources to negotiate with school administrators
Overcoming School Pumping Challenges: Negotiate
Work with your child’s diabetes health care team to develop Diabetes Medical Management Plan (DMMP) or physician’s orders before school begins.
Set up meeting with school personnel before school begins so everyone understands your child’s diabetes needs and how needs will be met.
Address insulin pump protocols and concerns in a Section 504 plan or other written education plan.
Provide school with supplies, snacks, and current emergency contact information.
Work with your school nurse to arrange for pump company to provide training to school personnel.
How to Litigate?
File complaint with U.S. Department of Education, Office of Civil Rights.
School district or state due process/grievance procedure/hearing.
File complaint in state court.
File complaint in federal court.
Litigate: Office Of Civil Rights (OCR)
Division of U.S. Department of Education responsible for enforcing Section 504
Complaint must be filed within 180 days of alleged discrimination to initiate process
OCR will investigate
Settlement agreement – Commitment to Resolve
Henderson, NC CTR required school to train personnel on pump
Legislate
Legislate after attempts to educate, negotiate, and litigate have not been successful.
Consider changing state law if current laws and policies do not provide students with diabetes the protection they need.
Realize that systems change slowly. Patience and perseverance required.