Sending Your Diabetic Child to School

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against qualified individuals with disabilities. The law also prohibits retaliation for asserting the right not to be discriminated against.

No otherwise qualified individual with [diabetes] in the United States . . . shall, solely by reason of . . . [diabetes], be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Under this law a school may not discriminate against a child with a disability and must make reasonable changes in its practices and policies to avoid discrimination and afford an equal opportunity to participate unless doing so would impose an “undue burden.”

The Americans with Disabilities Act also protects parents/guardians from being fired or other adverse employment actions because of their child’s disability. If paid or unpaid leave is provided for other personal or family reasons, the employer cannot deny similar leave just because the employee needs the time for reasons related to a child’s disability. [See Family Leave Act]. For additional information about the Family Leave Act visit: Employment Law HQ.

Note: The Americans with Disabilities Act Amendments Act (ADAAA) broadens coverage for children with disabilities under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The ADAAA went into effect January 1, 2009. Americans with Disabilities Act Amendments Act

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