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AMERICAN NURSES ASSN. v. O'CONNELL

No. C061150.

185 Cal.App.4th 393 (2010)

110 Cal.Rptr.3d 305

AMERICAN NURSES ASSOCIATION et al., Plaintiffs and Respondents, v. JACK O'CONNELL, as Superintendent, etc., et al., Defendants and Appellants; AMERICAN DIABETES ASSOCIATION, Intervener and Appellant.

Court of Appeals of California, Third District.

June 8, 2010.

Attorney(s) appearing for the Case

Remcho, Johansen & Purcell, Robin B. Johansen and Kari Krogseng for Defendants and Appellants.

Reed Smith, James M. Wood, Paul D. Fogel, Dennis Peter Maio; Disability Rights Education and Defense Fund, Inc., Arlene Mayerson and Larisa Cummings for Intervener and Appellant.

Alice L. Bodley, Maureen E. Cones; Pillsbury Winthrop Shaw Pittman, John S. Poulos, Carrie L. Bonnington; and Pamela Allen for Plaintiffs and Respondents.

OPINION

CANTIL-SAKAUYE, J. —

In this case we consider not whether California law should, but whether California law does, allow designated voluntary school personnel, who are not licensed nurses, to administer insulin to diabetic students who require the injections under a "Section 504 Plan" (29 U.S.C. § 794; 34 C.F.R. § 104.1 et seq. (2009)) or individualized education program (IEP) (20 U.S.C. § 1414(d)). Like the trial...

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