This is a HUGE blow to the class action lawsuit and the credibility of the California Board of Nursing. The question now remains just how the schools will comply with their requirement to provide an equal opportunity to students with diabetes. The nurses have refused since being ordered to comply, to do so. Now, it seems they can legally refuse to comply. The nurses have endangered our children and overburdened schools who are STILL required by law to take children with diabetes only now, they cannot provide care for them.
Shame, shame, shame on the nurses associations AND the teachers association that came out with big guns to keep our children out of public schools.
Very few states in the nation have any laws requiring nurses at school and as a professional legal advocate I get letters every single week from parents across the country whose children have either been unable to attend school or have been seriously injured at school when no one recognized or treated blood sugar problems. Most schools in the nation do NOT have nurses so no one onsite can or will help our kids. It literally has boiled down to “sure, the law says we have to take your kid, but enter at your own risk.”
I was very involved with this case from the start and the bottom line was the considerations were not about our children but about the nurses who have long been ignored pushing the need to hire more school nurses. While I fully support our poor overworked school nurses, this will not lead to hiring more health professionals to help with the crisis. It will lead to more children with diabetes being unable to attend school, and more serious diabetes crisis in school because now, even more than before, schools will be “hands-off” for our children.
CA faces a nursing crisis (3rd worst in the nation). There are not enough nurses to hire to fill our California schools. How many children will die at school before the courts care? And yes, children have already died at school in California because of inept diabetes care. How many of us parents are nurses? We are sent home still reeling from diagnosis with our children to learn as we go. To say that only a nurse can provide care is a poor excuse. My 9-year old can give her own insulin now, but at age 5 she could not. The law does not permit nurses to train staff, but parents can? HELLLOOOO???
My daughter remains home schooled because her school, which did not have a nurse on site, literally, nearly killed her because they would not do anything for her without a nurse around. Nor did they even call me. I went to check on her as I always did several times each day and found her slipping into a coma unattended on a playground. Only minutes before she complained to her teacher she was not feeling well. With no nurse avaiable, she simply sent her out to play with other children in 100+ degree weather “until your mom gets here.” But “Mom” was never called. Had I not arrived when I did I shudder to consider the possibilities.
Our school district policy is literally “if something’s wrong all 911. Then call the parents.”
I wish I could say this decision saddened me, but frankly, it enrages me beyond belief. It was about MONEY not about children and liability.
This battle is not over. Not as long as I live in CA and have two kids home schooled because of diabetes and a school system that would rather not deal with “my” problem.