Policy to Enforce Section 504 of the Rehabilitation Act
Diabetes is becoming an ever increasing epidemic that is at the highest of all time. The Department of Health and Human Services Center for Disease Control and Prevention estimated that there are 23.6 million people or 7.8% of the population in the United States of America has diabetes. According to the American Diabetes Association (2001), appropriate diabetes care in school is necessary for the student’s long-term well being and optimal scholarly performance (Florida Health Department). Under section 504 of the Rehabilitation Act this population, particularly the children in our nation’s schools will be protected from discrimination under this policy.
Section 504 is a civil rights law that bans discrimination on the origin of disability in educational curriculums and activities that receive federal aid from the United States Department of Education. This policy is instilled to protect our nation’s children that have disabilities from discrimination at these institutions. It was intended for the individuals whom before were constricted by discriminating barriers that once prevented them in taking part in programs and activities. The impairment can be a disability that is, a long-term illness, or other condition that substantially affects a student’s ability to be taught or access the school’s courses. The qualifications that need to be met by the individuals are 1) a physical or mental impairment that considerably restricts the individual in one or more of the fundamental life activities, 2) evidence or documentation of having or that the impairment exists, and 3) being observed that one has such impairment.
With Section 504 in place, the individual will receive free and appropriate educational means that he or she with a disability will obtain from the institution that is the same as that of students who do not have a disability, with suitable correlated services. These services that are made accessible to accommodate the individual’s needs with the disability are at no cost except for the services that the students without disabilities also have to pay.
Under section 504, the rights that the parent(s) or guardian(s) are endowed to receive is the right to have your child participate and obtain the benefits from public education institution without discrimination based on the individual’s disability. The school and its district should make reasonable adjustments to let your child have an equal opportunity to partake in school and the school’s related activities. They also have the right to assess all relevant documentation of your child. the parent or guardian has the right to ask for medication or an impartial due process hearing regarding decisions about your child’s evaluation or plan; the parent or guardian and the individual whose disability is being evaluated may join in the hearing and have an attorney present there for your representation. They are also capable of receiving notice(s), regarding the evaluation(s), or the position of where your child stands regarding the results. Nevertheless, the parent(s) or guardian(s) have the right to collect a notice containing your parental rights, and the right to file a complaint to the Office of Civil Rights and to the United States Department of Education.
I personally have seen this act in effect. My two younger cousins attend Ruthven-Ayrshire Community School and they are one of the biggest reasons why I write this. Nevertheless, I also know other diabetics who also go through the same things that my cousins go through. However, all the schools that are around my area abide to the Section 504 of the Rehabilitation Act. None of them truly treat the situation like they should. The educational institution’s staff routinely doesn’t follow the health plan created by the students’ parent(s) or guardian(s) and instead stray away from it in some occasions. However, the schools have been lucky so far that none of the individuals have been severely damage from the incompetence by the staff in the occasion if ones of the students were too faint if their sugar levels were too low or too high. There has actually been three occasions over the last year that the school has shown a lack of competence to the health and safety plan setup by my cousins’ parents with the school and the school district. One of the times the older of my two cousins was running high which is extremely dangerous. The second was the youngest was told to go the office when she was running low and fainted in between the office and her classroom. The third incident happened February 25th with my youngest cousin again. However, this time it was a lack of knowledge because they drew her blood and found out she was running quite low and when she is below a certain point she’s supposed to drink some juice but with lunch in an half hour they ignored what they was supposed to do on their part of the established health plan for the reason that they were actually supposed to give her juice in that circumstance to bring her sugar levels back up so that she doesn’t faint and go into a diabetic coma. If the all schools and institutions enforced Section 504 of the Rehabilitation Act it would end all incidents of negligence cease to exists and would make all educational institutions a safer environment for all diabetic individual seeking an education from our nation’s institutions.
I propose an amendment to Section 504 of the Rehabilitation Act, so that all educational institutions that are federal aided by our government in all 50 states should do one of the following two solutions. Employ a registered nurse full time that is capable and knowledgeable about how to properly treat and meet the mandatory requirements so that diabetics will be fully capable to achieve their maximum potential without the miss guidance by a member of an institutions staff. The second solution is that the school must properly train every employee that works for the institution to become educated about possible symptoms that a student may display. If that option is chosen than every teacher and other staffs members closely affiliated with the diabetic individual(s) were to ever be confronted in a circumstance that they must help one of the diabetic children or partake in one of their routinely blood drawings or other daily situations they go through. These personnel who will be trained as must know the basis of their states nurse practice act. The schools or institutions that choose to have the trained diabetes personnel instead of the registered nurse should reconsidered more of a liability to the school district that employs them. All schools or institutions that choose to have the trained diabetes personnel also will have to pay a fine if negligence or improper actions taken by their trained personnel suitable for their competence. Nevertheless, the option chosen by an Institution will not be doing all these services without the help of the individual and the individual’s parent(s) or guardian(s). In the case an emergency plan. Every individual with diabetes should develop an individualized health plan. That clearly states instructions on how to respond to an emergency and the proper precautions to take.
If this proposal was accepted by the United States congress then this would become a huge milestone in assuring that Section 504 of the Rehabilitation Act would go into more of an effect. Furthermore, if this amendment to Section 504 of the Rehabilitation Act it was accepted then our nation’s diabetic individual that are in our school systems would be in a greater environment of care with more properly trained individuals that know the appropriate precautions to execute.
References
A Guide to Disability Rights Laws. (2005). U.S. Department of Justice Civil Rights Division. Retrieved March 7, 2009, from http://www.ada.gov/cguide.htm#anchor65610
Federal and State Laws Affecting the Rights of Students with Diabetes. American Diabetes Association . Retrieved March 4, 2009, from http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/schoollaw.jsp
National Diabetes Fact Sheet. (2007). Department of Health and Human Services Centers for Disease Control and Prevention. Retrieved March 6, 2009, from http://www.cdc.gov/diabetes/pubs/pdf/ndfs_2007.pdf
Nursing Guidelines for the Delegation of Care for Students with Diabetes in Florida Schools. Florida Department of Health. ( 2003) Retrieved March 5, 2009, from http://www.doh.state.fl.us/Family/School/reports/DiabetesGuidelines2003.pdf
Section 504 of the Rehabilitation Act. Retrieved March 6, 2009, from http://www.massresources.org/pages.cfm?contentID=100&pageID=32&subpages=yes&dynamicID=916
The Diabetes Dilemma Demanding the Best for Our Children. (2004). AFT Healthcare. Retrieved March 7, 2009, from http://www.aft.org/pubs-reports/healthcare/diabetes_booklet_a.pdf
