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                Parents Sue 
                Schools, Seek Help For Diabetic StudentsEric Louie, Contra Costa Times, October 12, 2005
 For more articles like this 
                visit 
                https://www.bridges4kids.org.
 
                  
                 
                Three Danville 
                parents, another from Fremont and the American Diabetes 
                Association filed a lawsuit Tuesday to require California public 
                schools to assist in insulin injections and provide other help 
                for diabetic students.
 The suit, filed at the U.S. District Court Northern District of 
                California in San Francisco, claims the public schools those 
                students attend will not provide such help, and thus deny the 
                children an education to which they are entitled. It names the 
                San Ramon Valley and Fremont school districts, the state 
                Department of Education and the superintendents and governing 
                boards of those agencies as defendants.
 
 "This is a systemwide academic problem," said James Wood, lead 
                attorney with Oakland law firm Reed Smith. The firm is 
                representing the plaintiffs, as is Berkeley's Disability Rights 
                Education and Defense Fund, on a pro-bono basis.
 
 The suit says one fifth grader at Rancho Romero Elementary, who 
                is also bipolar and has dyslexia, was diagnosed with diabetes in 
                2002 and began using a pump to administer her insulin in 2003.
 
 Because of her dyslexia and blurred vision when her glucose 
                level is high, she needs someone to make sure she checks her 
                glucose when needed and takes the right action to give herself 
                insulin. The suit says the district refused to make sure she 
                checks her blood glucose when she should and rejected her 
                parents' request for someone to supervise when she uses her 
                insulin pump.
 
 The suit also mentions a kindergartner at Greenbrook Elementary 
                who needs insulin injections. A school district nurse, who 
                serves five schools, suggested she be the third option for 
                helping with those injections, called only after the young 
                student's mom and the parent of the third student in the suit. 
                The nurse, according to the suit, said no one else at Greenbrook 
                could be assigned to that responsibility.
 
 As for the third student involved, the suit claims Greenbrook 
                staff agreed to test glucose levels, monitor snacks and work her 
                insulin pump but have not provided for that in a written plan or 
                made adequate assurances that student will get insulin or 
                glucagon injections.
 
 State education department officials had not seen the suit by 
                Tuesday afternoon and had no comment, said Pam Slater, a 
                department spokeswoman.
 
 Though Wood said a school staff member who does not have a 
                medical background could assist with the proper training, just 
                as parents with diabetic children do, Koehne said it is San 
                Ramon district policy that is only nurses can administer 
                insulin.
 
 "It's a liability issue, mainly," he said. The district, which 
                has 30 schools, has 4.3 full-time equivalent nurse positions, 
                down from six three years ago.
 
 Genevieve Getman-Sowa, associate development director of the 
                Diabetic Youth Foundation in Concord -- which is not part of the 
                suit -- said getting school staff to assist diabetic students 
                has been a problem. She said the cost of training school staff 
                members and having those people available for the students is a 
                key issue; another is the potential liability of the procedure.
 
 "Some districts think if they say 'no' to everyone, the 
                liability will be off their hands," she said.
 
 Reed said the growing number of school-age youngsters with 
                diabetes means the issue needs to be addressed.
 
 "The irony is there's an epidemic of children with diabetes," he 
                said. "They really can't bury their heads in the sand anymore."
 
                      
                
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