Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory Fluctuations in blood glucose levels can impact concentration and comprehension, as well as have significant and potentially life-threatening short and long term health implications. See Helping the Student with Diabetes Succeed - A Guide for School Personnel , U.S. Department of Health and Human Services (2003). To avoid these fluctuations in blood glucose levels, students with diabetes must be vigilant about balancing food consumption, exercise, and administration of medication. For these reasons, the Office for Civil Rights of the United States Department of Education (OCR) has found that students with diabetes to be “disabled” under Section 504. ( See Bement (IL) Community Unit School District #5, 14 EHLR 353:383 (OCR 1989) (holding that a student with diabetes is disabled under Section 504 when she required close monitoring of her diet, behavior, and activities at all times in order for her to be able to attend school); Irvine (CA) Unified Sch. Dist., 19 IDELR 883, 884 (OCR 1 993) (determining that the student with type 1 diabetes was a “disabled person” as defined by the regula tion implementing Section 504).
B. 504 Plans
Once a local education agency (LEA) determines that a student is entitled to Section 504 protections, this includes the provision of a free appropriate public education. ( 34 CFR sec. 104.35. ) Services, and accommodations are determined through the 504 planning process, and documented in a 504 plan. Henderson County (NC) Pub. Schs., 34 IDELR 43, 44 (OCR 2000) (voluntary resolution agreement reached to develop Section 504 plan providing for a broad range of diabetes-related aids and services, including training staff to monitor blood glucose, count carbohydrates, manage student’s insulin pump, and establish proced ures for the provision of appropriate emergency services); Prince George’s County (MD) Schools, 39 IDELR 103, 104 (OCR 2003) (district required to develop a Section 504 Plan tailored to the individual needs of a student with type 1 diabetes). Academic modifications may be necessary whether or not the major life activity of “learning” is affected. A student with diabetes may need to have his/her curriculum adapted in a variety of ways such as changes in physical education instruction, in the regular school day schedule (such as breaks required to test for and treat abnormal blood sugar levels), in additional breaks or other time modifications during tests, and in the regular schedule for eating, drinking and toileting. These accommodations should be documented in the 504 plan. Decisions about what health care services a student will receive, including treatment while at school, such as the timing and dosage of insulin to be administered, usually are based on the treating physician’s written orders. (See Cal. Ed. Code section 49423. ) In rare circumstances, the 504 team will question the doctor’s treatment plan as being outside standards of care and will seek a second opinion at school district expense. (See section of this advisory discussing IDEA entitled Related Services as Including Management/Administration of Insulin and Other Diabetes Care Tasks for Children With the Disability of OHI below.)
C. Individualized Inquiries Required; Blanket Policies Prohibited
BP 2006 – Provision of Healthcare Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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