Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
Second, and more importantly, our holding that California law permits unlicensed school
personnel to administer insulin authoritatively resolves the dispute independently of the 2007
Legal Advisory, based on the relevant provisions of the Education Code and its implementing
regulations. We therefore need not determine whether the Department violated the APA in
adopting the 2007 Legal Advisory. Our decision leaves the Department free to revise the Legal
Advisory to reflect California law as we have interpreted it, and leaves the parties and the lower
courts free to identify and resolve, if necessary, any issues that may remain concerning APA
compliance.
6.3
III. DISPOSITION
The Court of Appeal ’ s judgment is reversed and the case is remanded for further
proceedings in accordance with the views set forth herein.
WERDEGAR, J.
WE CONCUR:
KENNARD, Acting C. J. BAXTER, J. CHIN, J. CORRIGAN, J. LIU, J. McGUINESS, J.*
*Presiding Justice of the Court of Appeal, First Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
BP 2006 – Provision of Healthcare Services
Page 51
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
Made with FlippingBook interactive PDF creator