 This question was originally posted on www.avvo.com Question: My daughter is in public school and is a diabetic. At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accommodations for persons with disability. So what if we can't go? Isn't discrimination if they leave her behind? I have every intention of hashing this out with them, however I'm just weighing my options in case they won't budge. My Answer: Yes, it does sound like the school in violation of Section 504 of the American's with Disabilities Act (ADA). It is discrimination to preclude an otherwise qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others. 34 CFR 104.4 (b)(1)(ii). I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area at www.copaa.org.
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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
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Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
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