From Ginny Ward – North Penn 11/24/09

School to allow diabetic to take daily gym

By Dan Hardy

INQUIRER STAFF WRITER

The DowningtownAreaSchool District agreed yesterday to allow a LionvilleMiddle School sixth grader coping with diabetes to take physical education classes every day, as his family had requested.

A dispute between the district and the parents seemed to be headed for a hearing before a state-appointed arbitrator. At issue was whether the child would be allowed to skip two other required morning classes in order to get the exercise his parents and a diabetes educator had said he needed.

District spokeswoman Patricia McGlone said in an e-mail yesterday that "we have reached a resolution that both sides can agree on." She declined to comment on any specifics, except to say that the district had "asked [the family] for information that we needed to proceed, and the parent gave us the information we needed to proceed" on Wednesday.

Cathy and David McLaughlin had contended that son Jack should be allowed out of music and strategic reading classes to participate in gym every day. They said that his concentration and health would be increased by taking that step. When the district did not grant the accommodation, they filed a complaint under Section 504 of the Rehabilitation Act of 1973, which says that children with disabilities must get the same opportunity to an education as those who don't. They contacted the Inquirer, which wrote about the situation.

Earlier this fall, the district told the family they had not provided medical documentation showing that Jack needed gym class every day.

On Wednesday, the district received a letter from the child's doctor, Martha Dechert Zeg, quoting from and agreeing with a letter that Gary Scheiner, a diabetes education specialist who works with the boy, had sent the district earlier this month.

That letter said, in part: "Because Jack takes insulin throughout the day and night, it is important that he engage in physical activity on a consistent daily basis. . . . Daily physical education class can and should be used to provide such activity."

In her e-mail, McGlone said: "The district fully complies with all the requirements of Section 504. We do our best to work with our families to provide our students with the best education possible."

Cathy McLaughlin said yesterday: "I'm so glad that Jack will be getting what he needs. I think his day is going to be set up a lot better than he was before."

Contact staff writer Dan Hardy at 610-313-8134 or at .

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Posted 07:40 PM, 11/19/2009