The Board of Education recommended position is to OPPOSE this legislation.
Watch the BOE meeting online live this evening to see if the BOE will support students with diabetes.
Monday, February 23, 2015
At BOE Now: Parents Plead for BOE to Support Students with Diabetes. BOE told to OPPOSE.
The Board of Education recommended position is to OPPOSE this legislation.
Watch the BOE meeting online live this evening to see if the BOE will support students with diabetes.
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Loudoun County (VA) Pub. Schs., Complaint Nos. 11-99-1003, 11-99-1064, 11-99-1069 (OCR 1999) (resolution agreement requiring that trained personnel be provided at all extracurricular activities or field trips attended by students with diabetes). Cf. Half Hollow Hills (NY) Central School Dist., Complaint No. 02-04-1136, 44 IDELR 131 (OCR 2005) (district’s efforts were reasonable where student was able to attend four of five field trips with appropriate care present, and for the fifth trip where regular nurse was unavailable district attempted to find an substitute nurse and ultimately offered to send a trained paraprofessional with the student, an offer the parents refused).
ReplyDelete12.4 May schools require parents to attend an extracurricular activity, field trip, or similar activity as a requirement for a child’s participation?
ReplyDeleteNo. Districts may not condition student participation on parent or guardian attendance, unless the parents or guardians of non-disabled children are also required to attend.
Notes The Department of Education’s Office for Civil Rights cautions that schools may not condition the provision of nonacademic services on a parent’s attendance or provision of a surrogate. OCR Senior Staff Memorandum, 17 EHLR 1233 (OCR 1990) (Guidance on the Application of Section 504 to Noneducational Programs of Recipients of Federal Financial Assistance); Nyack (NY) Unified School Dist., Complaint No. 02-04-1065, 43 IDELR 169 (OCR 2004) (agreement to resolve complaint where evidence, though disputed, suggested that district required parent to attend class trip with student to provide diabetes care).
12.5 Can additional charges be imposed with respect to students with diabetes to cover any additional costs associated with their participation in extracurricular activities, field trips, or similar activities? No. Additional costs may not be imposed beyond those which are charged to nondisabled students. Notes Section 504 regulations make clear that services provided to students with disabilities must be without cost, except for those fees that are imposed on non-disabled persons or their parents or guardian. 34 C.F.R. § 104.33(c)(1). The Department of Education’s Office for Civil Rights has also advised that students with disabilities may not be charged a higher cost of participating in nonacademic activities than is charged to non-disabled students. OCR Senior Staff Memorandum, 17 EHLR 1233 (OCR 1990) (Guidance on the Application of Section 504 to Noneducational Programs of Recipients of Federal Financial Assistance). Although an additional cost may not be imposed, this does not mean that children with disabilities may refuse to participate in fundraising or similar activities that are expected of all students. Some schools, for example, require participation in sales activities, car washes, and the like. Assuming there is no disability-related reason that a student cannot participate, they may be expected and required to participate just as any other student. The general rule that no charges may be imposed is subject to an exception for private schools. Private schools may adopt an additional charge if “justified by a substantial increase in cost” to the school. 34 C.F.R. § 104.39(b)
http://web.diabetes.org/Advocacy/legalmaterials/LegalRights/LR-StudentswithDiabetes.pdf
www.ada.gov/rainbow_river/rainbow_river_sa.htm
ReplyDeleteSETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
RAINBOW RIVER CHILD DEVELOPMENT CENTER,
HAWTHORNE, CALIFORNIA
DJ#: 202-12C-339
The nightmare of diabetes is that students with type 1 diabetes can experience hypoglycemic episodes that in worst case scenarios, result in coma and death. Insulin pumps, now the norm for treatment of type 1 diabetes, allow greater continual control over blood sugar levels. However, use of insulin pumps also means an enhanced risk for hypoglycemic episode. The degree to which non-medical school personnel can respond appropriately with medical treatment of the 1 diabetes cannot be guaranteed and school personnel understandably hesitate to take it on. There is no easy answer on this.
ReplyDeleteIf you had actually listened to the discussion or read the bill you would know that the legislation is for VOLUNTARY training for adults.
DeleteVOLUNTARY training + immunity = EASY
Yes, keeping kids safe is EASY. It just takes adults who CARE about children.
We don't have that in Montgomery County, so it's not going to happen here.
"However, use of insulin pumps also means an enhanced risk for hypoglycemic episode." That is absolutely INCORRECT. Insulin pumps offer tighter control over blood sugars, but this does not equate to increased risk. In fact, people with T1 diabetes who use insulin pumps are at a DECREASED risk for hypos.
DeleteOne of the parents who testified said that it was a YEAR before his family learned that there were already provisions for MCPS to provide a nurse for field trips so parents didn't have to take off work; NONE of the other parents who testified seemed to have known that. :-( If there are already provisions in place that parents are not being told about, there needs to be a much better job at openly communicating these mechanisms with parents of affected children. It can be VERY VERY stressful having a child with a disability; anything that MCPS can do to lighten this burden *should* be done.
ReplyDeleteThis looks like one more area where it's *not.*
MCPS dirty little secret is that kids with disabilities are often excluded from going on field trips. MCPS excuse: we don't have the staff to supervise them. Discrimination abounding.
ReplyDeleteThere are many dirty tricks when it comes to the disabled in the county but is won't last too long. Watch the county legal fees go up if they don't get with America and the laws of the land. Keep up the pressure like this forum does on issues. I'm new to it but I like what I see. . By the way a lot of administrators seem to think they are doctors by the way they take it on themselves to ignore diagnosis by top area physicians. Guess they should have studied harder in school and became real doctors, they would have done better by these misplaced students.
ReplyDeleteCrunchyMama: Is there any documentation on the MCPS provision to provide nurse (health tech? trained staff member?) support on field trips? I was talking to a dad that said he has to come on every field trip because of his child's diabetes and I'd like to be able to point him in the direction of finding alternatives. (It's something of a hardship for him to take off work but he doesn't want to annoy the school staff needlessly.) Thank you.
ReplyDeleteHmmm....it seems to me that someone said something at that Board meeting but it was too long ago for me to remember.... Might be worth trying to find the testimony from that meeting and see if it was included?
Delete1:22pm poster here: I found 2 testimony documents (http://www.boarddocs.com/mabe/mcpsmd/Board.nsf/files/9U26NE6AC171/$file/Crista%20Gibbons-%20Testimony.pdf & http://www.boarddocs.com/mabe/mcpsmd/Board.nsf/files/9U2KM74D87A5/$file/Alec%20Walter-Testimony.pdf) but no mention of any provisions in place.
Delete