O'CONNELL
American Nurses Assn. v. O'CONNELL
Opinion
Opinion
Reed Smith, James M. Wood, Paul D. Fogel, Dennis Peter Maio; Disability Rights Education and Defense Fund, Inc., Arlene Mayerson and Larisa Cummings for Intervener and Appellant.
Alice L. Bodley, Maureen E. Cones; Pillsbury Winthrop Shaw Pittman, John S. Poulos, Carrie L. Bonnington; and Pamela Allen for Plaintiffs and Respondents.
CANTIL-SAKAUYE, J.
In this case we consider not whether California law should, but whether California law does, allow designated voluntary school personnel, who are not licensed nurses, to administer insulin to diabetic students who require the injections under a "Section 504 Plan" ( 29 U.S.C. § 794 ; 34 C.F.R. § 104.1 et seq. (2009)) or individualized education program (IEP) ( 20 U.S.C. § 1414 (d)). Like the trial court, we conclude the answer is no. We shall affirm the judgment and peremptory writ of mandate issued by the trial court.
(1) Federal law prohibits discrimination against students with disabilities through three federal acts: the Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ) (Section 504), the Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12132 ), and the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.)…