APPENDIX A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory K.C. Settlement Agreement & Legal Advisory This settlement agreement and legal advisory spell out the legal responsibilities of a school district when a student requires administration of insulin during the school day. NOTE: Update as of November 6, 2013 On August 12, 2013, the California Supreme Court issued a decision in American Nurses Association v. Tom Torlakson, 57 Cal.4th 570 (2013). In its decision, the Court stated that the "California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians, with parental consent (Ed. Code §§ 49423, 49423.6; tit. 5 §§ 600-611 .)…" Id . at 591 . The California Supreme Court’s decision may be found in American Nurses Association v. Torlakson 57 Cal. 4th 570 (PDF). The Supreme Court remanded the case back to the Court of Appeals to resolve any outstanding claims. Once the case is complete, CDE will review whether the Legal Advisory needs to be revised to comply with the courts’ orders. On December 26, 2008, the Sacramento County Superior Court held that the portions of the Legal Advisory stating that trained unlicensed school personnel may administer insulin in the absence of a licensed nurse violate state law. The case was heard by the Court of Appeals, which upheld the trial court’s decision. 110 Cal. Rptr. 3d 305 (2010). This decision was appealed by the defendants to the California Supreme Court. EXHIBIT A LEGAL ADVISORY ON RIGHTS OF STUDENTS WITH DIABETES IN CALIFORNIA’S K-12 PUBLIC SCHOOLS Pursuant to the recent Settlement Agreement in K.C. et al. v. Jack O’Connell, et al., Case No. C- 05-4077 MMC, in the United States District Court for the Northern District of California, the California Department of Education (CDE) has agreed to remind all California school districts and charter schools of the following important legal rights involving students with diabetes who have been determined to be eligible for services under either the Individuals with Disabilities Education Act (IDEA) and related California law or Section 504 of the Rehabilitation Act of 1973 (Section 504) and related California law.
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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