Arizona Center for Disability Law

 

 

 

 

FOR IMMEDIATE RELEASE                                                     Contact: Jerri Katzerman, Staff Attorney

September 28, 2005                                                                        (602) 274-6287

jkatzerman@azdisabilitylaw.org

 

                                               

 

Arizona Center for Disability Law Files Lawsuit Against Tempe Union High School District

 

District Charged With Violating Disability Rights of Student with Type I Diabetes

 

 

Phoenix, Arizona...Today in federal court, the Arizona Center for Disability Law (Center) filed a lawsuit against the Tempe Union High School District (District) under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.  The lawsuit seeks preliminary and permanent injunctive relief as well as compensatory damages on behalf of Alexander Lagman (Alex), a sixteen year old Mountain Pointe High School student with Type I diabetes.  The lawsuit alleges the District violated federal disability law when they prohibited Alex from carrying his glucose (sugar) monitoring supplies; interfering with Alex’s tight diabetes control; forcing him to travel to the nurse’s office for testing; missing valuable class time; and risking his health and safety.

 

“We have filed this lawsuit to ensure that Alex, and other children with diabetes, will be medically safe while at school and have the same access to educational opportunities as other children,” said Jerri Katzerman, Staff Attorney at the Center, who brought the lawsuit.  “The District is endangering Alex’s health by putting the guess work back into diabetes management.  Alex should be applauded and supported for the manner in which he has self-managed his diabetes.  The District should be ordered to remove their interference with his tight control of this disease.”

                                                                                               

Alex was diagnosed with Type I diabetes at the age of 12 in 2001.  Alex’s body does not produce insulin; therefore, he must carry a glucose testing meter at all times and monitor his glucose levels throughout the day.  He uses an insulin pump to ensure the proper amount of insulin is available at all times to move sugar from his blood to his cells.  Alex tests his blood approximately 4-10 times throughout the day to ensure that his glucose levels remain within the targeted range.  The process takes approximately 30 seconds and does not require Alex to leave his classroom to conduct the test.  He has carried his meter and performed his own glucose tests at the school and with the District’s knowledge since he was diagnosed with diabetes in 2001.

 

 Alex experienced his first problems with self-testing at Mountain Pointe High School on September 7, 2005 when a school security officer questioned Alex about a diabetic supply pack left in an abandoned locker.  Subsequently, the District advised Alex that he could no longer carry his glucose testing meter on his person while at school, citing a District-wide “no needles” policy which could not be modified under any circumstance. 

 

The District has directed Alex to travel to the nurse’s office before and after meals or when he feels his glucose levels are too high or low.  If the nurse is not present, Alex has been directed to find “someone” who can unlock the nurse’s office to retrieve his diabetes testing supplies. Alex’s diabetes testing device is 3 inches in height and weighs 1.4 ounces.  The self-test consists of a 25 gauge lancet which is less than 1/8 inch in length.   Under the District’s policy, Alex could lose 40 to 90 minutes of instruction time per day.  In addition, the District’s policy forces Alex to guess when his sugar levels are insufficient, placing him at risk of additional medical complications.

 

“The overwhelming weight of medical authority favors independent self-management of glucose testing by persons with diabetes,” said Katzerman.  “In order to effectively treat high or low blood sugar, the American Diabetes Association emphasizes that the student be permitted to carry self-testing equipment at all times.”

                                                                       

                                                                                                                                   

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The Arizona Center for Disability Law is a not for profit public interest law firm, dedicated to protecting the rights of individuals with a wide range of physical, mental, psychiatric, sensory and cognitive disabilities.  The Arizona Center for Disability Law is authorized under various federal statutes to ensure the protection and advocacy of all individuals with disabilities in the state.