Seattle Schools End Segregation Attempt Against Children with Diabetes; Schools Agrees to Pay Damages to Parents.

News Editors, Legal Writers

SEATTLE--(BUSINESS WIRE)--March 12, 2001

The Seattle School District recently abandoned their attempts to segregate two children with diabetes by moving them to different schools.

Bowing to strong pressure from their parents, the district will now allow the children to stay in their schools, as well as pay the parents damages and legal fees.

The five-and six-year-old children are diagnosed with Type I diabetes and currently attend Sanislo and Thurgood Marshal Elementary schools. The children will now stay in those schools, preventing a move based on a disease that strikes 1.7 out of every 1000 Americans under 20 years of age.

"These and other children now have a better chance of living a life without being stigmatized as disabled individuals," said Tony Shapiro, the attorney from Hagens Berman representing the families, and the father of an 11-year-old child with diabetes himself.

Shapiro added, "it's unfortunate and painful that the school district needlessly took four months to understand what hundreds of other school districts already have. Their tactics inflicted undue trauma on both the children and their parents,"

In September of last year, the district ordered that the children must move to a school with a full-time nurse on duty because of their need to periodically check their blood-sugar levels. Regional and national experts both agreed that a full-time nurse was not necessary for these children, including representatives from the American Diabetes Association.

The school district offered little reasoning for the children's move, according to Shapiro. "The only motive given was a change in the school's policy for handling children with diabetes. But, in fact, several other young children with diabetes are enrolled in Seattle schools without full-time nurses."

Parents Abby Wolk and Michelle Smith both prepared comprehensive care plans for their children, discussed their children's need for self-administered glucose tests with teachers, and made sure the proper supplies were available to the teachers. Both children are also experienced in giving themselves simple finger-prick blood tests to measure their blood sugar levels, a standard procedure to monitor children with diabetes. Several non-medical personnel have supervised these children in other situations.

Several cases around the country have addressed the issue of non-medical personnel caring for children with diabetes. National daycare chains KinderCare and LaPetite Academy reached a settlement with the Department of Justice and The Association that allows staff members to supervise finger-prick blood tests. In Virginia, parents lodged complaints with the Federal Office of Civil Rights of the Department of Education (OCR) after school officials refused to allow personnel to administer life-saving glucagons injections in an emergency situation. A civil rights agreement reached between the OCR and the school district requiring public schools to train personnel in administering both insulin and glucagons shots.

Nationally, it is estimated that more than 100,000 children under the age of 18 have diabetes. Diabetes is a non-contagious disease in which the body does not produce or properly use insulin, a hormone needed to convert sugar, starches and other foods needed for daily life.

ED NOTE: Abby Wolk, a parent of one of children named in the suit, will be available for interviews, as well as the attorney in the case. To arrange, contact Jeremy Mackie at 206/443-9357.