Across the country, many schools are still refusing to use simple apps to remote monitor Continuous Glucose Monitors (CGMs) for students with T1D. In Connecticut in 2020, attorneys Jonathan R. Chappell of Feldman, Perlstein & Greene, LLC, and Bonnie Roswig, JD, Director of the Disability Rights, Medical-Legal Partnership Project at the Center for Children’s Advocacy, successfully addressed this issue for four families by filing complaints with the U.S. Department of Justice (DOJ).

In each case the DOJ interpreted that remote monitoring of CGMs is a reasonable accommodation under the Americans with Disabilities Act (ADA), a federal law which applies to all states. To remain compliant with ADA law, the DOJ mandated that those four Connecticut school districts must provide remote monitoring for CGMs upon request, train staff, and acquire the necessary devices.

You can make an US DOJ administrative complaint about your school’s refusal to follow your child’s CGM on your own, using a sample template created by those same two attorneys.

Step 1: Personalize the Complaint

• Sample Complaint Please download the template directly onto your device to edit the document. Here is suggested language which may be helpful to explain why the DOJ should be listening to your story.

• The focus of the Complaint is to explain what happened – i.e., that you have a child with Type 1 Diabetes, that the child was prescribed a CGM, that the school/nurse would not monitor the CGM and that it has been very difficult for you and for your child.

• There is a section of the form Complaint where you can explain your specific experience. If you have email or school district policy stating that the district will not monitor the CGM, it may be useful to attach.

Step 2: File the Complaint

• The Complaint should be filed with your state’s Federal Office of the United States Attorney. This office is the state division of the Federal Justice Department.

• The correct address will be found by searching “U.S. Attorney State of ________.”

• If the site provides an email address, you should be able to email the Complaint. If not, you can mail or fax the document.

• There is a general complaint form on the DOJ site. You are limited as the number of characters and can not upload this detailed complaint. Sharing all details of your situation using this template is ideal.

Filing with the Federal Government and not the State.

This template Complaint uses language that refers to federal law. This is not a document that will be helpful to raise your concern with your school or your state. In our experience, many parents have attempted to raise their concerns on a local level and have not been successful.

Final Notes

Many families have worked out a protocol with the school where the parent or the classroom teacher follows the CGM or where you have purchased a device that allows the school to follow the CGM. Even if you are comfortable with this plan, unless the school is taking responsibility for appropriately monitoring the CGM, they may not be complying with the American’s with Disabilities Act.

DISCLAIMER: By way of disclaimer, we have no authority to guarantee that you will be successful in your efforts. 

QUESTIONS: If you have questions about completing the complaint, where to file, etc., please e-mail advocate@followt1ds.org.