Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
Filed 8/12/13
6.0
IN THE SUPREME COURT OF CALIFORNIA
AMERICAN NURSES ASSOCIATION
)
et al., ) ) Plaintiffs and Respondents, ) )
S184583
v.
) ) ) ) )
Ct.App. 3 C061150
TOM TORLAKSON, as Superintendent,
etc., et al.,
Sacramento County
Super. Ct. No. 07AS04631
Defendants and Appellants; ) ) ) AMERICAN DIABETES ASSOCIATION, ) ) Intervener and Appellant. ) ____________________________________)
Public school students with diabetes who cannot self-administer insulin are normally
entitled under federal law to have it administered to them during the school day. This case
presents a dispute over whom state law permits to administer that insulin. The dispute arises
against the background of a long-standing shortage of school nurses and a class action in federal
court alleging the state ’ s schools have failed to ensure diabetic students actually receive legally
required health care services. Pursuant to an agreement settling that litigation, the State
Department of Education (Department) in 2007 advised local education agencies that trained
school personnel who are not licensed health care providers may, when no nurse is available,
administer insulin pursuant to the medical orders of students ’ treating physicians. (State Dept. of
Ed., Legal Advisory on Rights of Students with Diabetes in California ’ s K-12 Public Schools
(2007) pt. IV.C < http://www.cde.ca.gov/ls/he/hn/legaladvisory.asp > [as of Aug. 12, 2013]
BP 2006 – Provision of Healthcare Services
Page 25
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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