Safe at School

Texas

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 Texas 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 Texas allow school staff members who are not health care professionals to administer insulin?

Yes. If a school has a child with diabetes, state law requires school districts to make efforts to ensure that one to three unlicensed diabetes care assistants are available to administer insulin:

“At each school in which a student with diabetes is enrolled, the school principal shall: (1) seek school employees who are not health care professionals to serve as unlicensed diabetes care assistants and care for students with diabetes; and (2) make efforts to ensure that the school has: (A) at least one unlicensed diabetes care assistant if a full-time nurse is assigned to the school; and (B) at least three unlicensed diabetes care assistants if a full-time nurse is not assigned to the school.” Tex. Health & Safety Code § 168.004 (a).

2. Does Texas allow school staff members who are not health care professionals to administer glucagon?

Yes. Texas law specifically allows people who are not health professionals to administer glucagon and insulin:

“The training [for unlicensed diabetes care assistance] must include instruction in: […] understanding the details of a student's individualized health plan[,] performing finger-sticks to check blood glucose levels, checking urine ketone levels, and recording the results of those checks; [and] properly administering glucagon and insulin and recording the results of the administration.” Tex. Health & Safety Code § 168.005(d).

3. Does Texas allow students to self-manage diabetes at school?

Yes. Texas law specifically requires schools to permit qualified students to perform blood glucose level checks anytime, anywhere:

“In accordance with the student's individualized health plan, a school shall permit the student to attend to the management and care of the student's diabetes, which may include [..,] performing blood glucose level checks [or] otherwise attending to the management and care of the student's diabetes in the classroom, in any area of the school or school grounds, or at any school-related activity.” Tex. Health & Safety Code § 168.008.

4. Does Texas allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?

Yes. Texas law allows qualifies students to possess any necessary diabetes supplies or equipment anytime during the school day, and anywhere on school campus:

“[A] school shall permit the student to attend to the management and care of the student's diabetes, which may include […] administering insulin through the insulin delivery system the student uses [,] treating hypoglycemia and hyperglycemia [or] possessing on the student's person at any time any supplies or equipment necessary to monitor and care for the student's diabetes.” Tex. Health & Safety Code § 168.008.

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

Texas 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. 

6. Other State Issue(s) 

  • Does Texas give diabetes care responsibilities for bus drivers?

    Yes. All bus drivers must follow instructions in a one-page emergency information sheet and are responsible for contacting parents or guardians listed on that sheet. Also, bus drivers may be trained as unlicensed diabetes care assistants. If so, they are responsible for all diabetes care:

    “If bus drivers are trained as unlicensed diabetes care assistants (UDCAs), then they would be responsible for following the student's individual health plan (IHP). However, if a bus driver is not trained to follow an IHP, then the bus driver or other person who was transporting the student with diabetes would follow the instructions on the one page information sheet required in Sec. 168.006, Texas Health and Safety Code, so that a contact person could be notified in the case of an emergency. […] An appropriate response would be the response that assures the safety of the student.” Texas Department of State Health Services, "Frequently Asked Questions related to implementing House Bill (HB) 984," updated Aug. 11th, 2011.

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