Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory When no expressly authorized person is available under categories 2-4, supra, federal law - the Section 504 Plan or the IEP - must still be honored and implemented. Thus, a category #8 is available under federal law: 8. Voluntary school employee who is unlicensed but who has been adequately trained to administer insulin pursuant to the student’s treating physician’s orders as required by the Section 504 Plan or the IEP. 1 Unlicensed school personnel are authorized under state law to assist students as needed with insulin self-administration. Cal. Ed. Code sec. 49423 provides that unlicensed school personnel may assist with medication administration. 2 In such emergency cases, an unlicensed voluntary school employee should have been trained to at least the standards specified by the American Diabetes Association’s training slides entitled “ Diabetes Care Tasks At School: What Key Personnel Need to know: Insulin Administration ” (Attachment A). Such a voluntary school employee should be regularly, and at least quarterly, supervised by a school nurse, physician, or other appropriate individual under contract with the LEA, providing the training, and with emergency communication access to the same school nurse or physician. Documentation of training, ongoing supervision, and annual written verification of competency are strongly recommended, and such documentation should be annually submitted to the LEA employing the unlicensed person by the school nurse or physician. 3 In such emergency cases, an unlicensed voluntary school employee should have been trained to at least the standards specified by the American Diabetes Association’s training slides entitled Diabetes Care Tasks At School: What Key Personnel Need to Know . Such a voluntary school employee should be regularly, and at least quarterly, supervised by a school nurse, physician, or other appropriate individual under contract with the LEA, providing the training, and with emergency communication access to the same school nurse or physician. Documentation of training, ongoing supervision, and annual written verification of competency are strongly recommended, and such documentation should be annually submitted to the LEA employing the unlicensed person by the school nurse or physician.
Questions: Procedural Safeguards Referral Service, Special Education Division: 800-926-0648
Office of Equal Opportunity: 916-445-9174
Last Reviewed: Thursday, December 21, 2017
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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