Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory (See Conejo Valley (CA) Unified Sch. Dist., supra; Irvine (CA) Unified Sch. Dist. , supra; and Prince George’s County (MD) Schools , supra.) See also, Chapter 4 of Compliance With The Americans With Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (last visited November 17, 2014) Office for Civil Rights Department of Education, United States of America (1995). Unlike the requirement to provide auxiliary aids in contexts other than FAPE ... the obligation to provide related aids and services necessary to the provision of FAPE is not subject to the limitations regarding undue financial and administrative burdens or fundamental alteration of the program.” Id. at 73 . II. California’s Anti -Discrimination Statutes and Students with Diabetes Who Require Diabetes Health Related Services During the Day In Order to Safely Attend K-12 Schools in California California’s anti -discrimination statutes prohibit discrimination on the basis of disability under any program or activity funded directly by the State. ( Cal. Gov. Code sec. 11135(a) .) “Disability” means any mental or physical disability as defined by Government Code section 12926 . ( Cal. Gov. Code sec. 11135(d)(1) .) “Physical disability” is defined in Government Code section 12926(k)(1) and (2) . It affords broader coverage than Section 504 because it requires a “limitation” rather than a “substantial limitation” of a major life activity. ( Cal. Gov. Code secs. 12926(k)(1)(B); 12926.1(c), (d)(2) ; see generally Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019, 1022-1032 .) In addition, whether a physical disability limits a major life activity under California’s statutory scheme must “be determined without regard to mitigating measures such as medications....” ( Cal. Gov. Code sec. 12926(k)(1)(B)(i) .) This provision has made the Supreme Court’s holding in Sutton v. United Airlines, 527 U.S. 471 (1999) , which required consideration of such mitigating measures inapplicable under California law. Furthermore, section 1 2926(k)(2) of the Government Code provides that all students with diabetes who require special education or related services (i.e., health-related services) are protected by state anti-discrimination laws. Government Code section 111 35 incorporates the rights under the ADA and thus Section 504. (See Gov. Code sec. 11135(b) and 42 USC sec. 1 2133; 28 CFR sec. 35.103(a) ). Therefore, the discussion above regarding Section 504 and students with diabetes is applicable under the broad definitions of physical disability in California.
III. The IDEA and Students With Diabetes Who Require Diabetes Health Related Services During the Day In Order to Safely Attend K-12 Schools in California
The primary purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.” ( 20 USC secs. 1400(d)(1)(A),
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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