Are There Legal Considerations For Children And Teens With Diabetes?
The National Institutes Of Health's National Diabetes Education Program
Three Federal laws address the school's responsibilities to help students with diabetes:
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
- Americans with Disabilities Act of 1990 (ADA)
- Individuals with Disabilities Education Act (IDEA)
In addition, the Family Educational Rights and Privacy Act (FERPA) and IDEA protect the student's privacy. FERPA and IDEA prohibit schools, with certain exceptions, from disclosing personally identifiable information in a studentís education record, unless the school obtains the prior written consent of the student's parents/guardian or the eligible student (a student who is 18 years old or older or who attends an institution of post-secondary education).
These Federal laws provide a framework for planning and implementing effective diabetes management in the school setting, for preparing the student's education plan, and for protecting the student's privacy. The requirements of Federal laws must always be met. (See Section 4 for additional information on these Federal laws.) School administrators and nursing personnel also should determine whether applicable State and local laws need to be factored into helping the student with diabetes.
For more information, see the NDEP's School Guide.
This comprehensive resource guide helps students with diabetes, their health care team, school staff and parents work together to provide optimal diabetes management in the school setting.