American Nurses Assn. v. Torlakson CA3

BACKGROUND

In October 2005, the parents of several diabetic students, together with the Association, filed a class action in federal court against the Department and others, alleging that certain California public schools had failed to meet their obligations to diabetic students under federal law. (K.C. et al. v. O’Connell (N.D.Cal., No. C-05- 4077MMC).) In 2007, the parties reached a settlement agreement. Under that agreement, the Department issued the 2007 Legal Advisory on the Rights of Students with Diabetes in California’s K-12 Public Schools (2007 Legal Advisory). (American Nurses, supra, 57 Cal.4th at p. 577.) The 2007 Legal Advisory was directed to “all California school districts and charter schools” to remind them “of the following important legal rights involving students with diabetes who have been determined to be eligible for services.” The conclusion of the 2007 Legal Advisory sets forth in a checklist the various categories of persons who may administer insulin in California’s schools pursuant to an individualized education program (IEP) or a Section 504 Plan under the Rehabilitation Act of 1973 (29 U.S.C. § 794). That checklist provides as follows:

“Business and…