IV. Who May Administer Insulin in California to Students with Diabetes As a Related Service Under Section 504 and the IDEA A. California Law It is the position of the CDE that the Business and Professions Code Section 2725(b)(2) and the California Code of Regulations, Title 5, Section 604 authorize the following types of persons to administer insulin in California’s public schools pursuant to a Section 504 Plan or an IEP: 1. Self-administration, with authorization of the student’s licensed health care provide and parent/guardian; 1 2. School nurse or school physician employed by the LEA; 3. Appropriately licensed school employee (i.e., a registered nurse or a licensed vocational nurse) who is supervised by a school physician, school nurse, or other appropriate individual; 4. Contracted registered nurse or licensed vocational nurse from a private agency or registry, or by contract with a public health nurse employed by the local county health department; 5. Parent/guardian who so elects; 6. Parent/guardian designee, if parent/guardian so elects, who shall be a volunteer who is not an employee of the LEA; and 7. Unlicensed voluntary school employee with appropriate training, but only in emergencies as defined by Section 2727(d) of the Business and Professions Code (epidemics or public disasters). 2 B. Federal Law As noted above in Parts I and III, federal law under Section 504 and the IDEA provides that the administration of insulin can be determined to be a related service that must be provided to a student pursuant to a Section 504 Plan or an IEP in order to ensure FAPE. CDE has recognized in the regulations which implement Education Code section 49423 regarding the administration of medication to students during the school day that they did not affect “in any way” either the content or implementation of a student’s Section 504 Plan or IEP. ( Calif. Code Regs., Tit. 5, section 610(d) .) Further, CDE’s Program Advisory on Medication Administration (PDF) (required by Section 611 of the regulations) recognized that students’ rights under Section 504 and the IDEA are distinct from state legal requirements.
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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