Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
concluding, the Department adds an eighth category of authorized persons, permitting insulin to
be adminis tered by a “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.” (2007 Legal Advisory, Checklist.) The validity of
the 2007 Legal Advisory’s “category 8” is the crux of the present dispute.
Two months after the Department issued the 2007 Legal Advisory, the Nurses challenged
that document by filing the present action in the superior court seeking declaratory relief and a
writ of mandate. The Association responded with a complaint in intervention asking the court to
dismiss the Nurses‟ action. Ultimately the court entered judgment for the Nurses. Accepting
their argument that state law does not authorize unlicensed school personnel to administer
insulin, the court declared the 2007 Legal Advisory invalid to that extent and directed the
issuance of a writ of mandate ordering the Superintendent and the Department not to enforce it.
The court also declared the same portion of the 2007 Legal Advisory invalid as a regulation
adopted in violation of the Administrative Procedure Act (Gov. Code, § 11340 et seq.) (APA).
Finally, the court rejected the Association ’ s argument that state law, if interpreted as forbidding
unlicensed personnel to administer insulin, is preempted by Section 504 and the IDEA.
The Association appealed. The appeal automatically stayed the superior court’s decision,
leaving the 2007 Legal Advisory provisionally in effect pending the final outcome of these
proceedings. (Code Civ. Proc., § 916, subd. (a).) The Court of Appeal affirmed the judgment and
writ of mandate without reaching the APA issue. We granted the Association ’ s petition for
review. The Superintendent and District, who did not petition for review, support the
Association ’ s position as amici curiae.
BP 2006 – Provision of Healthcare Services
Page 31
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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