Diabetes Care In California Public Schools
December 3, 2008
Tell your legislators that CA kids with diabetes are in danger.
November 14, 2008
The American Diabetes Association issues action alert regarding administration of insulin in schools
November 24, 2008
Los Angeles Times Columnist Analyzes Impact of Nurses Suit on Students with Diabetes
LA Times columnist Steve Lopez interviews two children with Type 1 diabetes and describes how they manage their health during the school day—and how their families cope—in the absence of school nurses.
With the start of a new school year fast approaching, the fight continues to ensure that children with diabetes in California get the care they need while at school. Given the state's serious fiscal crisis and its effect on local school budgets, we expect that some school districts may be more reluctant this year to agree to provide needed diabetes care. We want to let parents, health care professionals, and advocates know the status of school diabetes litigation in California and how to secure the care that children require.
In August 2007 the California Department of Education (CDE) issued a Legal Advisory to all California public schools to inform them of the legal rights of students with diabetes, including related aids and health services, based on federal and state laws. Several nursing organizations have sued the CDE for telling schools through the Legal Advisory that it is permissible for trained non-licensed school personnel to administer insulin where a nurse is not available in order to comply with federal law. These nursing organizations claim that only nurses can administer insulin to children at school who cannot self-administer. The lawsuit between the nursing organizations and the CDE has not been resolved, and the court has not ruled that the Legal Advisory is invalid. The CDE stands by its 2007 settlement and the Legal Advisory (including its statements about insulin administration). Students with diabetes still have the right to receive insulin at school per the Legal Advisory.
The documents below outline the terms of the Settlement, describe the rights of public school students with diabetes at school and explain how to make sure children with diabetes receive adequate health care in school.