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Persons With Disabilites
Asked over 1 year ago - Secaucus, NJ
My daughter is in public school and is a diabetic. At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accomodations for persons with disability. So what if we can't go?
Isn't discrimination if they leave her behind? I have every intenion of hashing this out with them, however I'm just weighing my options incase they won't budge.
Attorney answers (2)
My colleague is correct, however, is this Type I or Type II diabetes. Type I requires insulin shots and if the child goes into diabetic shock, they may not have skilled people on the field trips (e.g. a nurse). Type II diabetes is easier to control and less likely to have an emergency situation.
While the school must make reasonable accommodations, that only applies to the education curriculum. It doesn't necessarily apply to field trips (if not necessary to the education plan) and also if it is Type I diabetes, they may not have to supply skilled medical personnel for such trips if you are unable to make them. Allowing parents to accompanying the child may be the reasonable accommodation; requiring the school to hire or train personnel to meet the emergency medical needs simply for field trips may or may not be a reasonable accommodation. This would require some legal research on that specific issue.
Again, remember if your child is not being kept from necessary education elements, it is not necessarily "discrimination". My suggestion is to consult with a special needs education attorney and have them do some research on the issue I highlighted above. Then you can attend the IEP or meetings with the school district armed with the appropriate information and make any necessary appeals should the school district make an incorrect decision.
While the school must make reasonable accommodations, that only applies to the education curriculum. It doesn't necessarily apply to field trips (if not necessary to the education plan) and also if it is Type I diabetes, they may not have to supply skilled medical personnel for such trips if you are unable to make them. Allowing parents to accompanying the child may be the reasonable accommodation; requiring the school to hire or train personnel to meet the emergency medical needs simply for field trips may or may not be a reasonable accommodation. This would require some legal research on that specific issue.
Again, remember if your child is not being kept from necessary education elements, it is not necessarily "discrimination". My suggestion is to consult with a special needs education attorney and have them do some research on the issue I highlighted above. Then you can attend the IEP or meetings with the school district armed with the appropriate information and make any necessary appeals should the school district make an incorrect decision.
Yes, it does sound like the school in violation of Section 504 of the American's with Disabilities Act (ADA). It is discrimination to preclude an otherwise qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others. 34 CFR 104.4 (b)(1)(ii).
I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area at www.copaa.org.
I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area at www.copaa.org.
