The Third Appellate District affirmed a judgment. The court held that, notwithstanding strong policy arguments in favor of allowing unlicensed school personnel to administer insulin to students, such practices would be contrary to the Nursing Practice Act.
In 2005, the American Diabetes Association (ADA) and several California public school students with diabetes filed a class action suit against Jack O’Connell, in his capacity as the Superintendent of Public Schools for California, the Board of Education of California and the individual members of the Board of Education, the California Department of Education (CDE), and others. The plaintiffs alleged the defendants violated the federal law by failing to ensure the provision of health care services to students with diabetes, including insulin administration, that was necessary to enable those students to obtain free appropriate public education.
