Safe at School

Kentucky

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 Kentucky 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 Kentucky allow people who are not health care professionals to administer insulin at school?

Yes. Kentucky law specifically allows unlicensed staff to administer insulin. At least one school staff member must be trained in insulin administration. This law applies to both private and public schools:

“[…] the board of each local public school district and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school […] on duty during the entire school day to administer or assist with the self-administration of […] 2. Insulin subcutaneously, through the insulin delivery method used by the student and at the times and under the conditions noted in the health care practitioner's written statement.” K.R.S. Title XIII. Ed. § 158.838.

Parents must provide the medication, give the school written authorization to administer the medicine, and submit written authorization from the student's health care provider.

2. Does Kentucky allow people who are not health care professionals to administer glucagon at school?

Yes. The same law, above, specifically allows unlicensed staff to administer glucagon, and at least one school staff member must be trained in glucagon:

“[…] a school district shall have at least one (1) school employee at each school […] on duty during the entire school day to administer or assist with the self administration of […] [g]lucagon subcutaneously to students with diabetes who are experiencing hypoglycemia or other conditions noted in the health care practitioner's written statement […]” K.R.S. Title XIII. Ed. § 158.838

3. Does Kentucky allow students to self-manage diabetes care anytime, anywhere?

Yes. A student with a written note from a parent, and written permission from a doctor, may manage all types of diabetes care at any place, including in school classrooms:

“Upon the written request of the parent or guardian of the student and written authorization by the student's health care practitioner, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the school setting and at school-related activities.” K.R.S. Title XIII. Ed. § 158.838

3. Does Kentucky allow students to carry diabetes supplies such as needles, insulin, and blood glucose monitoring devices anytime and anywhere?

Yes. The same law, above, allows students the right to possess all types of diabetes care supplies:

“A student shall be permitted to possess on his or her person at all times necessary supplies and equipment to perform these monitoring and treatment functions. Upon request by the parent or student, the student shall have access to a private area for performing diabetes care tasks.” K.R.S. Title XIII. Ed. § 158.838

4. Does Kentucky allow a school to transfer students to a different school because of their diabetes care needs?

No. A school district must allow students with diabetes to go to the school they normally would attend:

“[…] a school district shall permit a student who has diabetes or a seizure disorder to attend the same school the student would attend if the student did not have diabetes or a seizure disorder.”

“Such a student may only be transferred to a different school based on health care needs if the individualized education program team, the Section 504 team, or, if appropriate, the student's health services team, makes the determination that the student's health condition requires that the student's care be provided by a licensed health care professional at a different school. For the purpose of this determination, the teams shall include the parent or guardian. […] A school district shall not prohibit a student who has diabetes or a seizure disorder from attending any school on the sole basis that: 1. The student has diabetes or a seizure disorder; 2. The school does not have a full-time school nurse; or 3. The school does not have school employees who are trained […] and assigned to provide care.” K.R.S. Title XIII. Ed. § 158.838

5. Does Kentucky allow students with diabetes to carry cellphones or smart devices for medical purposes?

Kentucky currently does not have any statewide cellphone restrictions or bans for schools. However, individual schools or districts may create their own policies. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org. Additional resources can be found on our Safe at School homepage

Resources:
For more information, see the following helpful resources:

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.