About this information:
This information was prepared by the Legal Advocacy division of the American Diabetes Association® (ADA), a national leader in diabetes information and advocacy. This information covers state rules on diabetes care in Florida schools, and may not include all the relevant rules and important details. While ADA strives to provide current information, laws and resources can frequently change. This information is not legal advice and professional legal advice should be sought as needed.
1. Does Florida allow school staff members who are not health care professionals to administer insulin?
Yes. Trained unlicensed school staff can provide diabetes care. Every school must have a nurse or unlicensed staff person available at all times to provide diabetes care:
“School districts are to have appropriate personnel, whether licensed nurses or trained school personnel, assigned to each school a student with diabetes would otherwise attend if he or she did not have diabetes. School districts are to ensure that such personnel are available to provide the necessary diabetes care throughout the school day and during school-sponsored activities.” Florida Department of Education Rule 6A-6.0253(2).
2. Does Florida allow school staff members who are not health care professionals to administer glucagon?
Yes. As stated above, trained unlicensed school staff can provide all aspects of diabetes care, and a nurse or unlicensed staff person must be available at all times to provide that care. Florida Department of Education Rule 6A-6.0253(2). This includes provision of "emergency diabetes care." Fla. Stat. § 1002.20(j).
3. Does Florida allow students to self-manage diabetes care at school?
Yes. Students with a written note from a physician and a parent may manage all types of diabetes care at school.
“Diabetic students whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities to the extent authorized by the parent and physician. The written authorization shall […] describe the activities the child is capable of performing without assistance, such as performing blood-glucose level checks and urine ketone testing, administering insulin through the insulin-delivery system used by the student, and treating hypoglycemia and hyperglycemia.” Fla. Stat. § 1002.20(j).
4. Does Florida allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. Students with written notes from a physician and a parent may carry diabetes care supplies and equipment with them, anytime, anywhere:
“Diabetic students whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities to the extent authorized by the parent and physician. The written authorization shall identify the diabetic supplies and equipment that the student is authorized to carry” Fla. Stat. § 1002.20(j).
5. Can students use cellular devices for diabetes management purposes?
Unclear. Florida has a statewide cell-phone ban for schools. The ban limits the use of cellphones while at school and allows school districts to create more specific policies. The ban does not provide an exception for medical purposes; however, some Florida school districts have instituted medical exemptions.
“A student may possess a wireless communications device while the student is on school property or in attendance at a school function; however, a student may not use a wireless communications device during instructional time, except when expressly directed by a teacher solely for educational purposes. A teacher shall designate an area for wireless communications devices during instructional time.” Florida Statute Section 1003.02
Regardless, federal laws may allow students with diabetes to access devices for diabetes management purposes. This may be necessary so that children with diabetes can access education just like any other child. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org
6. Other State Issue(s)
- Does Florida allow a school to transfer out a student with diabetes because no one is available to provide diabetes care?
No. Schools may not change a student's school assignment because of diabetes. A school district may not restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel. Fla. Stat. § 1002.20(j).
Resources:
For more information, see the following helpful resources:
- Florida Statute Section 1002.20(j); K-12 student and parent rights; diabetes management
- Florida Department of Education Rule 6A-6.0253(2); Diabetes Management
- Florida Department of Health, Nursing Guidelines for the Delegation of Care for Students with Diabetes in Florida Schools (2015) (pdf)
Additional Safe at School resources are available at diabetes.org/safeatschool. To receive information and guidance about a school diabetes care issue, contact 1-800-DIABETES (1-800-342-2383) or AskADA@diabetes.org
