AMERICAN NURSES ASSN. v. TORLAKSON

No. S184583.

57 Cal.4th 570 (2013)

160 Cal. Rptr. 3d 370

304 P.3d 1038

AMERICAN NURSES ASSOCIATION et al., Plaintiffs and Respondents, v. TOM TORLAKSON, as Superintendent, etc., et al., Defendants and Appellants; AMERICAN DIABETES ASSOCIATION, Intervener and Appellant.

Supreme Court of California.

August 12, 2013.


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.

Remcho, Johansen & Purcell, Robin B. Johansen and Kari Krogseng for State Superintendent of Public Instruction Tom Torlakson and California Department of Education as Amici Curiae on behalf of Intervener and Appellant.

Jason D. Russell , Allen L. Lanstra , George C. Fatheree and Allison B. Holcombe for Los Angeles Unified School District, Children's Rights Clinic, Disability Rights Advocates, Disability Rights California, Disability Rights Legal Center, Disability Rights Texas and The Legal Aid Society-Employment Law Center as Amici Curiae on behalf of Intervener and Appellant.

Fagen Friedman & Fulfrost, Lenore A. Silverman , Kimberly A. Smith and Melissa L. Phung for California School Boards Association as Amicus Curiae on behalf of Intervener and Appellant.

Claire Ramsey ; Morrison & Foerster, Miriam A. Vogel , Benjamin J. Fox , Sheila L. Sadovnik and Lindsay M. Andrews for Child Care Law Center as Amicus Curiae on behalf of Intervener and Appellant.

Cooley, Lori R. Mason, Maureen P. Alger , Brandon J. Kimura and Jon F. Cieslak for American Association of Diabetes Educators, the American Academy of Pediatrics Section on Endocrinology, California District of the American Academy of Pediatrics, The Endocrine Society and the Pediatric Endocrine Society as Amici Curiae on behalf of Intervener and Appellant.

U.S. Department of Education, Charles P. Rose , General Counsel; Thomas E. Perez , Assistant Attorney General (United States), Samuel R. Bagenstos , Principal Deputy Assistant Attorney General, Gregory B. Friel and April J. Anderson for United States as Amicus Curiae on behalf of Intervener and Appellant.

Pamela Allen , Brendan White ; Alice L. Bodley , Jocelyn Winston , Maureen E. Cones ; Pillsbury Winthrop Shaw Pittman , John S. Poulos , Carrie L. Bonnington and Kevin M. Fong for Plaintiffs and Respondents.

Cummins & White and Melanie L. Balestra for National Association of School Nurses, American Occupational Therapy Association, Inc., Arkansas School Nurses Association, Association of periOperative Registered Nurses, Association of School Nurses of Connecticut, California Association for Nurse Practitioners, California School Health Centers Association, California Teachers Association, Coalition of Labor Union Women, Colorado Association of School Nurses, Delaware School Nurses Association, Emergency Nurses Association, Florida Association of School Nurses, Georgia Association of School Nurses, Illinois Association of School Nurses, Illinois Nurses Association, Indiana Association of School Nurses, Iowa School Nurses Organization, Kentucky School Nurses Association, Maine Association of School Nurses, Maryland Association of School Health Nurses, Massachusetts School Nurse Association, Michigan Association of School Nurses, National Association of Pediatric Nurse Practitioners, National Association of State School Nurse Consultants, National Board for Certification of School Nurses, Nebraska School Nurse Association, Nevada State Association of School Nurses, New Hampshire School Nurse Association, New Jersey State School Nurses Association, New Mexico School Nurses Association, New York State Association of School Nurses, Ohio Association of School Nurses, Pennsylvania Association of School Nurses and Practitioners, Rhode Island Certified School Nurse Teachers, Rhode Island Institute for Nursing, Rhode Island State Nurses Association, School Nurse Organization of Arizona, School Nurse Organization of Idaho, School Nurse Organization of Minnesota, School Social Work Association of America, South Carolina Association of School Nurses, Tennessee Association of School Nurses, Utah School Nurse Association, Vermont State School Nurses Association, Virginia Association of School Nurses, West Virginia Association of School Nurses, Wisconsin Association of School Nurses and Wyoming School Nurses Association as Amici Curiae on behalf of Plaintiffs and Respondents.

Lisa C. Demidovich for United Nurses Associations of California/Union of Health Care Professionals NUHHCE, AFSCME, AFL-CIO as Amicus Curiae on behalf of Plaintiffs and Respondents.

Laura P. Juran ; David J. Strom ; Michael R. Clancy , Arnie R. Braafladt ; Altshuler Berzon and Jeffrey B. Demain for California Teachers Association, American Federation of Teachers, California Federation of Teachers and California School Employees Association as Amici Curiae on behalf of Plaintiffs and Respondents.

Cummins & White, Karen L. Taillon ; Vedder Price and Thomas G. Abram for National Council of State Boards of Nursing, Inc., as Amicus Curiae on behalf of Plaintiffs and Respondents.


OPINION

WERDEGAR, J.

Public school students with diabetes who cannot self-administer insulin are normally entitled under federal law to have it administered to them during the schoolday. This case presents a dispute over whom state law permits to administer that insulin. The dispute arises against the background of a long-standing shortage of school nurses and a class action in federal...

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