Tag Archives: Diabetes

Important Information about Diabetes Care at School in California

September 16, 2013
On August 12, 2013, the California Supreme Court issued a decision about who is allowed under state law to administer insulin to students.In that decision, the Court clarified that California law allows people who aren't licensed nurses or doctors to give insulin and other prescription medications to students with diabetes and other health conditions in California's public schools.The American Diabetes Association and Disability Rights Education and Defense Fund (DREDF) are very pleased with this decision and believe it will help California children with diabetes get the insulin they need to be healthy and safe at school. (State law already clearly permitted non-medical school staff members to administer glucagon and perform blood glucose monitoring, among other types of diabetes care.)

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American Nurses Association v. Torlakson (update 7/12/13)

August 12, 2013
"Today's decision is a critical victory for the estimated 14,000 California schoolchildren with diabetes and their right to diabetes health related services in school and during school–sponsored activities," said Larisa Cummings, DREDF Staff Attorney. "We're equally excited to see the practical realities of living with a disability and/or chronic illness safeguarded by established law."

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American Nurses Association v. Torlakson

December 22, 2010
On August 12, 2013, the California Supreme Court issued a unanimous decision in American Nurses Association v. Torlakson, a landmark case involving diabetes care in California public schools. The case came before the Court after more than seven years of litigation, which began with a class action lawsuit that was resolved by a settlement agreement allowing trained non-medical school personnel to administer insulin when a nurse is not available. That provision of the settlement was challenged by several nursing organizations DREDF and co-counsel represented Intervener and Appellant American Diabetes Association before the California Supreme Court.

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Nurse Organizations Seek to Overturn Accord Providing California Students with Diabetes with Access to Insulin

November 13, 2008
Sacramento, California — The California Department of Education (CDE) and the American Diabetes Association (ADA) will be in Sacramento Superior Court on Friday, November 14, 2008, seeking to preserve their 2007 agreement that permits trained non-medical school personnel to administer insulin to children with diabetes when nurses are not available. The American Nurses Association (ANA) and several other organizations representing nurses have filed a petition seeking to prevent such care by invalidating a key provision of the CDE and ADA accord.

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Children With Diabetes Win Assurance of Legally-Required Services at School

August 8, 2007
Oakland, California — State Superintendent of Public Instruction Jack O'Connell joined representatives of the American Diabetes Association (ADA) today to announce a landmark agreement that ensures California students who are classified as disabled because of diabetes will be safe at school and enjoy the same legally-required educational opportunities as their peers. The agreement clarifies the rights of eligible students with diabetes in every school district throughout the state.

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K.C., et al. vs. Jack O’Connell, et al.

October 13, 2006
Under an August 2007 Settlement Agreement, each California local education agency (LEA) will manage the delivery of diabetes care for students whose Individualized Education Programs or 504 Plans require administration of insulin and related services during the school day. The CDE issued a Legal Advisory to all California school districts providing guidance on health care services for students with diabetes and outlining the rights of these students under federal anti-discrimination and special education statutes.

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Children With Diabetes Sue School Districts, State for Assistance

October 11, 2005
Oakland, California — Four elementary school-age students, along with the American Diabetes Association, filed an unprecedented civil rights complaint today in U.S. District Court for the Northern District of California seeking class action relief against the California Superintendent of Public Schools, the California Department of Education, members of the California Board of Education, the San Ramon Valley Unified School District, the Fremont Unified School District, and their Superintendents and Boards of Trustees. The suit asks the Court to compel public school officials to comply with federal law by providing the assistance that California students with diabetes require to manage their diabetes during the school day.

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