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There are at least 2,000 students with diabetes in New York City’s school system, according to the lawsuit. PHOTO: PETER BYRNE/PA WIRE/ZUMA PRESS
A federal lawsuit accuses New York City of failing to ensure that students with diabetes can attend public school safely and with equal access to educational opportunities as their peers.
The proposed class-action suit, filed Thursday in federal court in Brooklyn, claims that the New York City Department of Education and others violate students’ rights by denying them adequate diabetes-related care, including services for school field trips, before-and-after school activities and bus transportation. Diabetes, a lifelong condition, is considered a disability under federal and local laws.
The plaintiffs are three children with diabetes and the nonprofit American Diabetes Association.
Rodney and Yelena Ferrer say their 4-year-old son has been denied the care he needs at his Manhattan public school. PHOTO: RODNEY AND YELENA FERRER
Under federal and city laws, the Department of Education is required to develop a diabetes-care plan for diabetic students. Advocates say those plans are rarely in place when the school year begins, leaving students in danger of serious health consequences. In some cases, parents are forced to be primary caregivers, according to the lawsuit. Children also have to miss school or be segregated from their peers because of regular visits to the school nurse.
There are at least 2,000 students with diabetes in the city’s school system, according to the complaint.
Care plans lay out what kind of care is provided and by whom, and would normally include how to handle situations for measuring a student’s blood sugar, administering insulin, how to use a child’s diabetes technology and what to do in an emergency, according to Seth Packrone, a staff attorney for Disability Rights Advocates, based in New York, which represents the plaintiffs.
Doug Cohen, a spokesman for the Department of Education, said, “The well-being of students is our top priority, and we are committed to providing the full range of health services they need to succeed in the classroom. We will review the lawsuit.”
Parents Yelena and Rodney Ferrer say their 4-year-old son, who they declined to name, has been denied the care he needs at his Manhattan public school.
The Ferrers say their son was diagnosed with Type 1 diabetes in June 2018 and they completed all the necessary steps to advise his school on his condition and required care before the school year began in September.
When the boy arrived on his first day, the regular nurse was out on maternity leave and replaced with a contract nurse. During subsequent weeks, the school nurse changed daily, Ms. Ferrer said, and no nurses were familiar with the boy’s diabetes technology, including his continuous glucose monitor and his insulin pump. A paraprofessional provided for the boy didn’t have training in diabetes care, she said.
Since the beginning of the school year, the Ferrers have provided all of their son’s diabetes-related care.
Ms. Ferrer said her son’s diagnosis was a “sledgehammer” and “everything has been turned upside-down so we can provide care for him.” For any parents of a child with diabetes, she said, “you don’t sleep anymore.”
“I have been in school four times today. Every time he puts something in his mouth, there’s no one there to take care of him,” said Ms. Ferrer. “The stress and what we have gone through in a school setting is insurmountable.”
Write to Melanie Grayce West at melanie.west@wsj.com
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