College and Beyond: Getting the Help You Need, and Not Letting - - PowerPoint PPT Presentation

College and Beyond: Getting the Help You Need, and Not Letting Diabetes Hold You Back

August 4, 2015

Aaron J. Fischer Rosen Bien Galvan & Grunfeld LLP 315 Montgomery Street, 10th Floor San Francisco, CA 94104 (415) 433‐6830 AFischer@rbgg.com

My Background

 Type 1 Diabetes since Age 19  In College: I studied abroad & traveled

through Europe (with insulin pens). I backpacked in South America (with an insulin pump).

 Today: I am a civil rights attorney with a

committed portion of my work on behalf of students, workers, and other people with diabetes and other medical conditions and disabilities.

• Bay Area Community Leadership Board Member,

American Diabetes Association

• Founder, Bay Area Diabetes Legal Advocacy Committee

THERE ARE MORE THAN 29 MILLION AMERICANS WITH DIABETES (ABOUT 3 MILLION WITH T1D), INCLUDING:

3

Nick Jonas Singer/ Songwriter Nicole Johnson Miss America (1999) Sonia Sotomayor U.S. Supreme Court Justice Sam Fuld Baseball Player (Go A’s!)

The American Diabetes Association’s 4‐Step Approach to Advocacy

• 1. Educate
• 2. Negotiate
• 3. Litigate
• 4. Legislate

*Goal is to resolve problems at the earliest step possible.

Where Young People with Diabetes Can Face Challenges

I. AT SCHOOL

 Knowing Your Rights on Campus

II.

ON THE JOB

 Knowing Your Rights at Work

• III. AND MORE: ‐Police

‐Driving

What Laws Are We Talking About Here, Anyway?

 Key Laws

 Americans with Disabilities Act (ADA)  Section 504 of the Rehabilitation Act of 1973

 Key Points

 Eligibility: Diabetes is a “disability”  Discrimination: Harassment, denial of opportunity/access  Accommodations: Having a real opportunity to participate

and succeed.

• I. AT SCHOOL: Legal Rights of Post-

High School Students with Diabetes

Big Change: *K-12 schools must identify students. *In College, students must self-identify. Admissions: You have no Obligation to Disclose. Schools Are Not Allowed to Ask.

 Example: Police Academy program retracts admission

• ffer after medical exam.

Do Your Homework About the College/Program

 Web research  Health care team  Diabetes community recommendations

Don’t Go It Alone: The Disability Services Office

• This office is the central resource for assistance on
• campus. Names vary.
• Academic Support and Access Center
• Student Support Services
• Office of Disability Resources
• It’s important to register with the Disability Services
• ffice. Register even if you are not having issues.
• Remember: They should keep what you tell them
• confidential. Your privacy is protected by federal law

(with narrow exceptions).

Why Do Some Students with Diabetes Decide Not to Register?

• “I don’t have a ‘disability!’”
• Revealing personal information to strangers is hard.
• Feeling guilty about registering for accommodations.

 “Disability” simply refers to something that influences how people treat you and their

• assumptions. It’s not the individual, it’s the

world in which we live! REMEMBER: This is your college experience. It’s the school’s job to help make sure you have the opportunity to succeed.

Advocate for Yourself!

• Get the Accommodations you need.
• If you do poorly on a test or assignment because of

low/high blood sugar, but you haven’t registered, you will have to accept the lower grade.

• Some professors don’t allow food or drink in their
• classroom. If you register with disabilities services, you

can add this as an accommodation.

• Disclosing your diabetes and requesting

accommodations will provide you with Legal Protection if things go wrong.

• If you have documentation of your accommodation

needs, it may be easier to get Standardized Testing Accommodations later.

Getting Accommodations at College

WHEN

The first weeks of school are a good time to register with Disability Services.

HOW:

Provide Disability Services with Medical Documentation.

1)

Diagnosis of diabetes along with your symptoms.

2)

Explanation of how diabetes is a “disability.”

3)

State what you need, and clearly explain the connection to diabetes (“I need X because ….”).

4)

Work with your diabetes medical team.

5)

You can use 504 Plans or IEPs from high school as a guide for possible accommodations in college.

Sample Medical Documentation: www.diabetes.org/ collegeanddiabetes

Disability Services Letters

1) The Disability Services office should give you an

Accommodations Letter.

2) Give Accommodations Letter to each professor at

beginning of semester.

3) Talk to the professor. 4) Professor should keep this confidential.

Sample Disability Services Letter: www.diabetes.org/collegeanddiabetes

Some Possible Accommodations

1.

Checking blood glucose in classroom

2.

Personal refrigerator for medical supplies in residence hall room

3.

Priority housing registration

4.

Rescheduling of exam if experiencing an out of range blood glucose

5.

Breaks between sections of long exams to check blood glucose

6.

Excused absences for diabetes-related absences and the ability to make up work

7.

Priority class registration

Uncommon Accommodations

Some accommodations granted in K-12 are rarely granted in postsecondary education:

1.

Training of others in diabetes care, including emergency care

2.

Extra time on exam (as opposed to extra breaks during exam)

3.

Exemption from course requirements

4.

Retroactive modifications (e.g., grade changes)

What you may hear…

• “The Law Doesn't Apply to Us.”

*ADA Title II: Public schools *Title III: Private schools *Section 504: Most public, private, & religious schools

• We don't have any funding for that.”

 The “Undue Burden” excuse is a high standard.

• “We Can’t Tell the Professor What to Do.”
• The “Fundamental Alteration” excuse requires

more than inconvenience.

• “Honor Students Can’t Have a ‘Disability.’”
• That’s just plain wrong.

• II. At Work: Staying Healthy and

Getting a Fair Shot

 Get Reasonable Accommodations  Stay Safe and Healthy  Debunk Misconceptions about Diabetes as “Dangerous.”  Fight “Blanket Bans” for People with Diabetes!

‐Firefighters, Police Officers, Pilots ‐HbA1C Cut‐Offs

Accommodations for Diabetes at Work

• Breaks to check blood glucose, administer insulin
• Ability to keep diabetes supplies and food nearby
• Time off for treatment or training related to

diabetes management

17

Bay Area Examples  A State Worker is denied the accommodations he needs to pass Fire Academy.  A Cashier is fired for treating a low blood sugar while she is working.

Giving People with Diabetes a Fair Shot

Kapche v. City of San Antonio – San Antonio PD could not reject a police officer candidate based

• n insulin‐dependence.

Kapche v. Holder – The FBI cannot refuse to consider special agent job candidates based solely

• n insulin‐dependence.

Bay Area Examples

 Firefighter candidate’s job offer revoked

because she has Type I diabetes.

KEY: An “Individualized Assessment” of what a person can do.

BONUS ITEM: Law Enforcement and Diabetes

 Your friends are your allies. They should know

what’s up.

 Safety and Contact with Police

 A person experiencing hypoglycemia may be unable

to comply with police orders and/or may be considered a threat by police.

 Wear a Medical Alert Bracelet or Something Similar.  Officer Training

Example: Douglas Burns (Redwood City) “Mr. Universe” (2006) with T1D

BONUS ITEM: Driving and Diabetes

 Disclosing Diabetes to the DMV

“DO I HAVE TO?” “DO I HAVE TO?”

 Driving With a Low Blood Sugar “IS IT ILLEGAL?” “IS IT ILLEGAL?”

Aaron J. Fischer, Esq. Rosen Bien Galvan & Grunfeld LLP 315 Montgomery Street, 10th Floor San Francisco, CA 94104 (415) 433‐6830 AFischer@rbgg.com

With Thanks to the American Diabetes Association and CarbDM www.diabetes.org/discrimination 1‐800‐DIABETES Email: LegalAdvocate@diabetes.org