April 16, 2012
HHS Settles Americans with Disabilities Act Allegations
Town of Simsbury Connecticut Agrees to Modify Policy for Children
with Diabetes Attending Summer Camp
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has entered into a voluntary resolution agreement with the Town of Simsbury, Connecticut mandating that the town recreation department adopt a policy on diabetes management for children attending its summer camp program.
The agreement follows an OCR investigation into a complaint filed by a father on behalf of his eight year old daughter, alleging that the town failed to provide reasonable modifications to its summer camp program to allow camp staff to administer blood glucose testing and, if necessary, provide diabetes-related care to the child participating in the program.
Under Title II of the Americans with Disabilities Act (ADA), unless a public entity can demonstrate that making a modification would fundamentally alter the nature of a service, program or activity, the entity must make reasonable modifications in policies, practices, or procedures when such modifications are necessary to avoid discriminating against a person based on a disability.
“As we enter summer camp season, parents and guardians should know that providers of public programs, services and activities cannot screen out or exclude children because of disabilities, including diabetes,” said OCR Director Leon Rodriguez. “State and local governments may have to modify their policies and provide certain services to ensure that children with diabetes can fully access programs.”
The resolution agreement resolves the complaint, and the Town of Simsbury has agreed to revise its policy to comply with Title II requirements, conduct an assessment of the needs of children with diabetes entering its summer camp programs on a case by case basis, and work with families to provide reasonable modifications for children requiring diabetes-related care while attending camp programs.
The Resolution Agreement can be found on the OCR website at: http://www.hhs.gov/ocr/civilrights/activities/agreements/simsbury-ct_agreement.pdf.
If you think you are being discriminated against in a government program, activity, or service because of a disability, file a complaint with OCR at: http://www.hhs.gov/ocr/civilrights/complaints/index.html.
Note: All HHS press releases, fact sheets and other news materials are available at http://www.hhs.gov/news.
Last revised: April 4, 2014