Board of education closes Scott/Gray case, diabetes advocates clash with teachers' union
By
Scott Thomas Anderson - By Jack Mitchell
 | | The California Assembly's Select Committee on Child/Adolescent Health and Safety recently heard testimony from local mother Shelley Scott about a lack of training and accommodations around diabetic students at Amador County Unified School District. | | Photo by: Jack Mitchell |
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Lindsey Gray never wanted to be at the center of a controversy.
For nearly a year, the 17-year-old Amador High School cheerleader and her mother, Shelley Scott, have been filing complaints and requests with the Amador County Unified School District regarding Gray's ability to function safely on Amador's campus with type 1 diabetes. They've also alleged certain forms of discrimination against Gray by the Amador cheerleading coaches.
The California Board of Education recently found insufficient evidence to establish Gray's charges of discrimination. While ACUSD and Amador High's cheer coaches may feel vindicated, a November battle in front of members of the State Assembly proved that the challenges faced by diabetic students across California seem to be growing more problematic.
Gray first came into the spotlight earlier this year, after alleging that she had been recognized as a talented cheerleader by the school's coaches until she was diagnosed with type 1 diabetes in December 2008. Gray said she'd been excluded from certain activities, including football cheerleading, because of her condition. The coaches denied this charge.
In an official letter to Gray and Scott, director of the Office of Equal Opportunity Sharon Felix-Rochon said the board of education's inquiry found that Gray's failure to remain a football cheerleader was not that complicated.
"You provided no actions by the person(s) making the selection to indicate that (Gray's) condition was a factor," Felix-Rochon wrote to Scott and Gray regarding the try-outs. "The decision to select was made by judges who were from outside of the county and had no personal background information on each competitor. The school cheerleading coaches were not part of the decision-making process."
Absent from Felix-Rochon's letter was any mention of Gray and Scott's other main concern - their charge that Amador High School's entire staff lacks training when it comes to knowing how to spot a diabetic emergency. Scott had formally requested that the school district provide Amador's staff with training on how to handle themselves in such a crisis. In a May 14 letter to Scott, ACUSD's Superintendent of Schools, Dick Glock, declined to provide the training.
On Nov. 4, Scott drove to the State Capitol to testify in front of the California Assembly's Select Committee on Child/Adolescent Health and Safety. The committee was chaired by Assemblyman Isadore Hall III. Facing Hall and other lawmakers is the fact that diabetes is on the rise among school-age children. Two years ago, the Centers for Disease Control and Prevention announced that roughly one out of every 500 people under the age of 20 have diabetes. New data could suggest trends to even higher levels.
Scott and numerous other parents testified about the challenges and risks faced by diabetic students on campuses where the faculty lacks various forms of training. At the core of the dilemma is a shortage in the state budget, which handicaps school districts from hiring trained nurses who could administer treatments such as insulin shots. Even if the budget improves, the schools would still face a shortage of qualified nurses to hire.
Despite the number of concerned and, at times, emotional parents who testified at the hearing, a major teachers' union told the committee that the fear of improperly administering insulin shots was keeping faculty members across California from getting involved.
"We want no part of this," said Martha Penry, director of Area A of the California School Employees Association.
Penry's organization is just one of many concerned groups drawn into a fight over new legislation Hall's office is considering that would change the nature of diabetes care in California schools. While Penry's union opposes such changes in the law, diabetic advocates believe changes are necessary for student safety.
For Scott and Gray, the question of faculty members giving insulin shots is a broader concern beyond their main point that Amador High teachers have not been given the skills they need to properly recognize if one of their students is drifting into diabetic shock.
"The decision from the State Department of Education, Office of Equal Opportunity is a mere stumbling block, which we are appealing," Scott said, "This decision encourages our family to continue advocating for the children with diabetes in Amador County."
Scott added that she and Gray are working with a new attorney who specializes in educational-disability law in order to negotiate with the school district and the community regarding accommodations for diabetic students.
"Our hope," Scott concluded, "is to not to have to use litigation."