Overview of Laws Parents of Diabetic Children Should Know
Overview of Laws that every parent of a child with diabetes should be familiar with include:
Americans with Disabilities Act (or “ADA”): A federal law enacted in 1990 that prohibits discrimination against people with disabilities. As it relates to public schools, the requirements of the ADA are almost identical to those of Section 504 of the Rehabilitation Act. The ADA applies to all public schools and to all private schools except those controlled by religious organizations. The ADA is codified at 42 U.S.C. § 12101 et seq. ADA
Individualized Education Program (IEP): A plan describing the special education and related services that will be provided to a student with a disability under the Individuals with Disabilities Education Act. Some school districts also use IEPs to meet the requirements of Section 504. IEP
Individuals with Disabilities Education Act (IDEA): A federal law that provides funds to states to support special education and related services for children with disabilities, administered by the Office of Special Education Programs in the U.S. Department of Education. Unlike the ADA or Section 504, to be eligible for services under IDEA, a student’s diabetes must impair his or her ability to learn so that he or she requires special education. The ADA is codified at 20 U.S.C. § 1400 et seq. IDEA
Section 504: Section of the Rehabilitation Act (a federal law passed by Congress in 1973) that prohibits recipients of federal funds from discriminating against individuals on the basis of disability. Section 504 requires schools to provide students with disabilities appropriate accommodations and educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. Section 504 is codified at 29 U.S.C. § 794. Section 504 Plan (or 504 Plan): A plan describing the accommodations, special education, and/or related services that a student with a disability will be provided in order to have equal access to education, as required by Section 504 of the Rehabilitation Act. 504
Free Appropriate Public Education (FAPE): Students with disabilities have the same right to K-12 public education that students without disabilities have. In order to receive and benefit from that education, students with disabilities may need special education and/or related aids and services. The Office of Civil Rights works to ensure that public elementary and secondary schools, including charter schools, provide a free appropriate public education (FAPE) to all qualified students with disabilities (generally, students with disabilities who are of school age), regardless of the nature or severity of their disabilities. Section 504 and Title II require public schools to provide appropriate education and modifications, aids and related services free of charge to students with disabilities and their parents or guardians. The “appropriate” component means that this education must be designed to meet the individual educational needs of the student as determined through appropriate evaluation and placement procedures. However, students with disabilities must be educated with students without disabilities to the maximum extent appropriate. FAPE
