Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory An OAH judge can order that the applicable required related school health services be provided by the district, including the administration of insulin during the school day. ( 20 USC sec. 1415(f)(3)(E) .) Financial burden is not a valid defense available to the LEA under the Garret F . case. ( Cedar Rapids v. Garret F., 526 U.S. 66, 75, fn. 6, 78- 79 (1999) (district required to fund related school health services under 34 CFR sec. 300.13(a) where necessary in order to provide student with meaningful access to public school).)
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.
BP 2006 – Provision of Healthcare Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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