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 Virginia 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 Virginia allow school staff members who are not health care professionals to administer insulin?
Yes. Virginia requires public schools to train one or two employee volunteers in how to administer insulin and glucagon when medical professionals are not present:
“Each school board shall ensure that, in school buildings with an instructional and administrative staff of ten or more, […] (ii) if one or more students diagnosed as having diabetes attend such school, at least two employees have been trained in the administration of insulin and glucagon. In school buildings with an instructional and administrative staff of fewer than ten, school boards shall ensure that […] (ii) if one or more students diagnosed as having diabetes attend such school, at least one employee has been trained in the administration of insulin and glucagon. […] When a registered nurse, nurse practitioner, physician or physician assistant is present, no employee who is not a registered nurse, nurse practitioner, physician or physician assistant shall assist with the administration of insulin or administer glucagon.” Va. Code Ann. § 22.1-274.
Both a parent and a medical "Prescriber" must give authorization for unlicensed staff to administer insulin or glucagon. Va. Code Ann. § 22.1-274(E).
2. Does Virginia allow school staff members who are not health care professionals to administer glucagon?
Yes. As stated above, public schools must train volunteer school employees in how to administer glucagon when a medical professional is not present. Va. Code Ann. § 22.1-274. Employees who administer glucagon (and insulin) are immune from liability for providing this care. Va. Code Ann.§ 8.01-225.
Additionally, Virginia now allows schools to keep a stock of emergency undesignated glucagon.
“Any local school board may adopt and implement policies for the possession and administration of undesignated nasal or injectable glucagon in each public elementary or secondary school in the local school division, provided that such policies are consistent with the guidance outlined in the most recent revision of the Diabetes Management In School: Manual for Unlicensed Personnel published by the Department” Va. Code Ann. § 22.1-274.2
3. Does Virginia allow students to self-manage diabetes at school?
Yes. With authorization from parents and the medical prescriber, a student with diabetes may self-manage diabetes care anywhere on school property:
“Each local school board shall permit each enrolled student who is diagnosed with diabetes, with parental consent and written approval from the prescriber […] to (i) carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low blood glucose levels, and (ii) self-check his own blood glucose levels on a school bus, on school property, and at a school-sponsored activity.” Va. Stat. Ann. § 22.1-274.01:1.
4. Does Virginia allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. As stated above, with authorization from parents and the medical prescriber, a student with diabetes may "carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, and insulin pump, and equipment for immediate treatment of high and low blood glucose levels." Va. Stat. Ann. § 22.1-274.01:1.
5. Does Virginia allow students with diabetes to carry cellphones or smart devices for medical purposes?
Yes. Virginia is requiring each school to adopt a policy regarding cellphone use and restrictions by January 2025. Schools must adopt a policy that meets or exceeds the sample guidance by the Virginia Department of Education. Sample guidance requires exemptions to cellphone bans when necessary to comply with a 504 plan or Individualized Education Plan (IEP). Allowable exemptions and the need for a cellphone for medical purposes must be explicitly written into a child’s 504 or IEP. Find more information here.
Resources:
For more information, see the following resources:
- Virginia Code Annotated Section 22.1-274, School health Services
- Virginia Code Annotated Section 22.1-274.01:1, Students who are diagnosed with diabetes; self-care
- Diabetes Management in Schools, Manual for Unlicensed Personnel, Virginia Department of Education
- Virginia Diabetes Council
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
