Settlement reached in SPLC’s pre-kindergarten discrimination lawsuit

A Florida pre-kindergarten program will take steps to ensure it does not discriminate against children with diabetes as part of a settlement agreement announced today to resolve a federal lawsuit the SPLC filed on behalf of a 3-year-old girl.

Under the agreement, The Doral Academy Preschool will monitor students with diabetes, assist with blood glucose tests and take other steps necessary to accommodate their special needs, as required by federal and state law. These steps will help prevent diabetic children from suffering harmful – possibly even fatal – complications at school.

“This agreement will help ensure that children with disabilities have equal access to The Doral Academy’s preschool program,” said Tania Galloni, managing attorney for the SPLC’s Florida office. “Private preschools are open to the public, which means they must be open to all children, including children with disabilities.”

Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability by private entities open to the public, including nurseries, child care facilities and other places of education. 

Terms of the agreement also ensure the pre-kindergarten program in the Miami suburb of Doral has a medical management plan on file for students with diabetes as well as a daily log documenting that school personnel have taken the steps outlined in a child’s medical plan. School personnel will also receive training regarding these medical policies. Faculty responsible for children with diabetes will receive training about the condition and steps to be taken in an emergency.

The SPLC filed a federal lawsuit in September against The Doral Academy program for refusing to assist with the monitoring of a child’s glucose levels during school hours. The child, “S.G.,” has Type 1 diabetes, a chronic condition in which the pancreas produces little or no insulin. Insulin is a hormone needed to allow glucose to enter cells to produce energy.

S.G. has a glucose sensor and insulin pump attached to her body to manage her diabetes. The equipment measures her sugar levels and administers insulin. Because school officials refused to accommodate her needs, S.G.’s glucose levels were unnecessarily and consistently high during school hours, placing her at unreasonable risk of harm. When glucose builds up in the bloodstream, severe and possibly fatal consequences can result. Over time, complications can include blindness, kidney failure, heart disease, stroke or amputation.

“Thanks to this agreement, my daughter will be at less risk for medical harm and will receive fair accommodations at school,” S.G.’s mother said. “I hope that my little girl’s situation has a positive effect for other children like her who want a safe environment to grow and learn.”

The lawsuit, filed in the U.S. District Court for the Southern District of Florida, Miami Division, reflects a statewide problem faced by many children with diabetes. Last year, the SPLC filed a complaint with the U.S. Department of Justice on behalf of the American Diabetes Association alleging that Florida children in voluntary pre-kindergarten programs are being discriminated against.