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 New Jersey 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 New Jersey allow school staff members who are not health care professionals to administer insulin?
No. New Jersey Department of Education regulations specifically authorizes the school physician, a certified school nurse or noncertified nurse, a substitute school nurse employed by the school district, and the student's parent to administer medication in schools. N.J.A.C. § 6A:16-2.1. Further, guidance from the New Jersey Department of Education states that only licensed staff and parents can administer medication in school:
“Only the following individuals are authorized to administer medication to pupils in schools: - School staff holding a current medical or nursing license (e.g., the school physician or school nurse); - Substitute school nurse employed by the district; - Pupil's parent or guardian; - Pupil approved to self-administer […]” N.J.A.C. § 6A:16-2.1
Regardless, federal laws may allow unlicensed staff to provide this care. This may be necessary so that children with diabetes can access education just like any other child. In case of a conflict between federal and state laws, federal laws protect the rights of children. The law in this area is very complicated so we encourage you to contact us for further information.
2. Does New Jersey allow school staff members who are not health care professionals to administer glucagon?
Yes. New Jersey law specifically requires school nurses to choose unlicensed staff to be trained to administer glucagon when a nurse is not present:
“The school nurse shall designate, in consultation with the board of education, additional employees of the school district who volunteer to administer glucagon to a student with diabetes who is experiencing severe hypoglycemia. The designated employees shall only be authorized to administer glucagon, following training by the school nurse or other qualified health care professional, when a school nurse is not physically present at the scene.” N.J. Stat. § 18A:40-12.14.
3. Does New Jersey allow students to self-manage diabetes at school?
Yes. Students with a diabetes care plan have a right to perform all kinds of diabetes care, anywhere on school grounds, and during any school-related activities:
“[…] a school district shall allow the student to attend to the management and care of the student's diabetes as needed in the classroom, in any area of the school or school grounds, or at any school-related activity if the student has been evaluated and determined to be capable of doing so as reflected in the student's individualized health care plan.” N.J. Stat. § 18A:40-12.15.
4. Does New Jersey allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. As stated above, students can self-manage diabetes care, which includes “possessing on the student's person at anytime the supplies or equipment necessary to monitor and care for the student's diabetes.” N.J. Stat. § 18A:40-12.15.
5. Does New Jersey allow students with diabetes to carry cellphones or smart devices for medical purposes?
New Jersey 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:
- New Jersey Statute Section 18A:40-12.13, Development of health care plans for students with diabetes
- New Jersey Statute Section 18A:40-12.14, Authorized employees for administration of glucagon
- New Jersey Statute Section 18A:40-12.15, Management, care of diabetes by student permitted; authorization
- New Jersey Administrative Code Section 6A:16-2.1, Health services policy and procedural requirements
- New Jersey Department of Education, Guidelines for the Care of Diabetes in the School Setting
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
