University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American Nurses Assoc. v. Torlakson ED-CA-0009
Docket / Court 07AS04631 ( State Court )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell (ED-CA-0010). That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of ... read more >
This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell (ED-CA-0010). That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of Education in federal court for failing to meet their obligations to diabetic students. A central problem was that students who were unable to self-administer insulin and who were in schools without a full-time school nurse on duty had to wait for parents to come to school to administer insulin, stay home from school, or receive insulin more infrequently than their doctors preferred. The 2007 Legal Advisory attempted to resolve this problem by specifying categories of people who were qualified to administer insulin, including the category ("category 8") at dispute in this suit: "a voluntary school employee who is unlicensed but who has been adequately trained to administer insulin pursuant to the student's treating physician's orders as required by the Section 504 plan or the IEP."

In this case, in 2007 the American Nurses' Association challenged the Legal Advisory in state court, seeking a mandate declaring it invalid regarding category 8 on the basis that state law does not authorize unlicensed school personnel to administer insulin. The Sacramento County Superior Court and the Court of Appeal found for the ANA, declaring the 2007 Legal Advisory illegal, and the case was appealed to the Supreme Court of California.

On August 12, 2013, the Supreme Court disagreed, ruling that California law does in fact allow trained (though unlicensed) personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians. 57 Cal.App.4th 570.

The documents in the Clearinghouse reflect the documents available on the internet at this time.

Claire Lally - 11/25/2014

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Issues and Causes of Action
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Elementary/Secondary School
Staff (number, training, qualifications, wages)
Plaintiff Type
Private Plaintiff
Type of Facility
Causes of Action State law
Defendant(s) California
Plaintiff Description American Nurse's Association
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Case Listing ED-CA-0010 : K.C. v. O'Connell (N.D. Cal.)
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

No docket sheet currently in the collection
General Documents
K.C. Settlement Agreement & Exhibit A (Legal Advisory) 04/15/2011
ED-CA-0009-0002.pdf | Detail
Brief for the United States as Amicus Curiae Supporting Intervernor-Appellant and Urging Reversal 05/11/2011
ED-CA-0009-0003.pdf | Detail
Opinion 08/12/2013 (57 Cal.App.4th 570)
ED-CA-0009-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: District Court
Judges Werdegar, Kathryn M. (State Supreme Court)
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers Anderson, April J. (District of Columbia)
Bagenstos, Samuel R. (District of Columbia)
Friel, Gregory (District of Columbia)
Perez, Thomas E. (District of Columbia)
Rose, Charles P. (District of Columbia)

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