Arizona Center for Disability Law

 

 

 

FOR IMMEDIATE RELEASE

October 11, 2005 Contact: Jerri Katzerman, Staff Attorney (602) 274-6287 jkatzerman@azdisabilitylaw.org

 

                                                                                                                                   

 

Arizona Center for Disability Law to Settle Dispute with

Tempe Union High School District

 

District to Consider Settlement at October 12 Special Governing Board Meeting

 

 

Phoenix, Arizona...Today, the parents of Alexander Lagman (Alex), and the Arizona Center for Disability Law, agreed to terms that could settle a federal lawsuit filed 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 sought preliminary and permanent injunctive relief as well as compensatory damages on behalf of Alex, a seventeen year old Mountain Pointe High School student with Type I diabetes.  The lawsuit alleged the District violated federal disability law when they prohibited Alex from carrying his glucose (sugar) monitoring supplies, thereby placing his health and safety at risk.

 

Under the terms of the Agreement, the District may not interfere with Alex’s right to possess his testing equipment while at school or at school functions.  The District has also agreed to publish and widely disseminate a statement to parents, students, and staff indicating that students with diabetes may carry testing equipment to school without risk of disciplinary consequences.  The Agreement, which calls for the payment of the plaintiffs’ attorney’s fees and costs, must be approved by the District’s Governing Board which has convened a special session on October 12 to consider the settlement.                         

“We are pleased that we have reached an agreement that guarantees Alex will be safe and healthy at school, as well as ensuring that other students will not be put in a similar, untenable situation” said Jerri Katzerman, Managing Attorney at the Center, who brought the lawsuit.            

                                                                                               

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.

                                                                                                           

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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.