You have the right to make an administrative complaint or file a lawsuit. Both options can be effective ways to defend rights when the law is being violated. These options should only be considered after education and negotiation have failed. Seeking protection in the administrative agencies or the courts may be necessary in some cases. Doing this can get your child the education and medical care that he or has a right to.
In a small number of cases, filing a lawsuit in federal or state court may be the best course of action, especially when the law is clearly and willfully being violated. When deciding to bring a lawsuit, you should consider the following:
- The likelihood of negative effects of a court dispute on existing relationships. When a lawsuit is filed, chances of a friendly resolution become much lower.
- It is often very time-consuming. It can take many years, which may not make sense when there is a very limited time frame to make a difference for the child in a
- The outcome of a court case is always uncertain. A loss could set an unwanted precedent in a local school district, state, or even the entire country. This may not only hurt the individual child, but other children too.
Sometimes “bad law” is the main reason for continuing discrimination. Some of the most common barriers to fair treatment are state-determined professional practice laws and regulations related to the practice of nursing. Some states have laws that prohibit the administration of insulin, glucagon, or both by anyone except for a licensed health care professional. In some states the laws may not explicitly prohibit this, but are unclear and interpreted as prohibiting this.
To address these roadblocks, the Association leads state efforts to make sure students with diabetes are medically safe at school and treated fairly. So far, either school legislation or regulatory change has occurred in over 35 states, enabling students with diabetes to have improved access to needed care.