ADA Settles Lawsuit Involving Care of Students with Diabetes in California Schools

In October 2005, ADA, represented by the public interest organization Disability Rights Education and Defense Fund and the international law firm Reed Smith LLP, filed a class action lawsuit under federal disability civil rights and special education laws -- along with four children with diabetes and their parents – against the California Department of Education (CDE) and two California school districts, San Ramon Valley Unified School District and Fremont Unified School District.

ADA took the extraordinary step of serving as a plaintiff in the lawsuit because the schools had failed to provide adequate health services to students with diabetes and because the state failed to ensure that local school districts met their legal obligations to provide diabetes care. ADA had heard from families of young children whose school districts would not permit any school personnel to help them when they needed insulin. Ultimately, the needs of children with diabetes were not being met despite their legal rights.

In August 2007, ADA and the CDE reached a comprehensive and unprecedented settlement to ensure that students with diabetes are safe at school and have the same educational opportunities as their peers. As a result of the settlement, 

The CDE issued detailed guidance on the rights of students with diabetes and the health care services that they need to be provided while in school through a Legal Advisory issued to all school districts in the state.  Significantly, the Legal Advisory makes clear that if a student with diabetes needs insulin during the school day or at school-related activities, trained non-medical school employees may administer the insulin if a school nurse is not available.

Four nursing organizations sued the CDE following the settlement seeking to strike down the part of that settlement which permits unlicensed school personnel to administer insulin to students where a school nurse is not available. The Association intervened in the case to protect the rights of California students with diabetes to receive insulin administration when needed at school. In November 2008, a California trial court ruled in favor of the nursing organizations and held that unlicensed personnel may not administer insulin to students at school. Read the Association's statement following the court's decision.

In February 2009, ADA and CDE filed an appeal of the court ruling.  The court of appeals ruled that the trial court's ruling is stayed during the appeal.  While this is not a decision on the merits of the case, it does mean that the trial court's ruling has no effect until the appeal is decided.  Therefore, the original Legal Advisory remains in place, and California school districts are permitted to train unlicensed personnel to administer insulin under the circumstances discussed in the Legal Advisory. 

For more information on the settlement and what it means for children with diabetes, see Questions and Answers for California Parents and Guardians  This document answers common questions that parents of children with diabetes may have about the California settlement and what it means for their child.  It is based on the CDE’s Legal Advisory, and includes information about what health care services their child is entitled to while at school or participating in school-related activities.

For more information on resolving problems with diabetes care at school, click here.