Fremont Unified School District and the San Ramon Valley Unified School District had failed to meet their obligations to diabetic students under federal law. ( K.C. et al. v. O’Connell (N.D.Cal., C-05-4077MMC) .) The defendants included the Department, the State Superintendent of Public Instruction (Superintendent), the members of the State Board of Education (Board), and officials of the two named school districts. Plaintiffs alleged the districts’ schools had refused to prepare Section 504 plans for diabetic students, refused to include provisions for diabetes care in students’ IEPs, refused to permit unlicensed school personnel to administer insulin when no nurse was available, and improperly required that parents or parental designees come to school to administer insulin. Because of these asserted violations of federal law, plaintiffs further alleged, some parents were required to forego employment and some students had to adopt insulin regimens that entailed less frequent injections, less effective control of blood glucose levels, and greater risks to their health. In July 2007, the plaintiffs in the federal litigation entered into a settlement agreement with the Department, the Superintendent and the Board. The agreement required the Department, among other things, to fulfill its legal obligations to monitor local education agencies’ compliance with Section 504 and the IDEA and to resolve complaints of noncompliance. In addition, and more importantly for present purposes, the Department agreed to issue the 2007 Legal Advisory (see ante, p. 2) summarizing the rights of diabetic students under federal and state law. The Department issued that document in August 2007, and the federal court dismissed the action. In the 2007 Legal Advisory, as relevant here, the Department articulates eight categories of persons authorized to administer insulin to students in the state’s public schools. The Department describes the first seven categories as specifically authorized in statutory exceptions
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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