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 York 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 York allow people who are not health care professionals to administer insulin at school?
No. However, school staff members who are not licensed health professionals can do some limited diabetes care for students with insulin pumps. These staff members may verify the accuracy of students' math calculations for carbohydrate counting, and make sure the student puts in the intended numbers. However, guidance from the New York Department of Education states that only licensed health professionals can actually administer the insulin:
“Licensed health professionals are the only school personnel permitted to calculate insulin dosages, administer insulin, program the insulin pump, refill the reservoir, and change the infusion site because these are a component of medication administration. Unlicensed personnel are not permitted to perform these functions. […] Unlicensed school personnel trained by a licensed health professional may assist a self-directed student in programming their own pump by either verifying the accuracy of the student's math in calculating their own carbohydrate count; or by reading the pump screen to the student verifying the number input is the number the student intended to input. [...] The calculation of an insulin dose based on the blood glucose reading cannot be done by unlicensed school personnel and must be calculated by a licensed health professional.” NYSDE, "Clarification on Insulin Pumps," (Mar. 20, 2012) (pdf).
Regardless, federal laws may allow unlicensed staff to provide care when a nurse is not available. This may be necessary so that children with diabetes can access education just like any other child.
2. Does New York allow people who are not health care professionals to administer glucagon at school?
Yes. Unlicensed staff in both public and private schools can be trained to administer glucagon when a nurse is not present:
“The board of each school district and board of cooperative educational services and nonpublic schools are authorized, but not required to […] train unlicensed school personnel to administer prescribed glucagon in emergency situations where an appropriately licensed health care professional is not available […] Training by the licensed health professional is to be provided in a competent manner.” NY Consolidated Law Service Educ § 921 (2015).
3. Does New York allow students to self-manage diabetes care anytime, anywhere?
Yes. New York specifically requires schools to allow students to test blood glucose and perform other diabetes care at school and at school functions:
“The Board of Education or Trustees of each school district and Board of Cooperative Educational Services shall allow pupils who have been diagnosed with diabetes to carry glucagon and carry and use insulin through appropriate medication delivery devices and equipment and/or to carry and use equipment and supplies necessary to check blood glucose levels and ketone levels, as prescribed by a physician and other duly authorized healthcare provider, during the school day on school property and at any school function […] with parental consent and the written permission of a physician or other duly authorized health care provider. […] Pupils with diabetes may also carry any food necessary to treat hypoglycemia […]” NY Consolidated Law Service Educ §916-b (2015).
4. Does New York allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices anytime and anywhere?
Yes. As stated above, students with permission from parents and a medical provider may self-administer and self-carry "equipment and supplies" for all types of diabetes, including carrying "food necessary to treat hypoglycemia." NY Consolidated Law Service Educ §916-b (2015).
5. Does New York allow students with diabetes to carry cellphones or smart devices for medical purposes?
New York 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. Can parents direct a school nurse to make adjustments to their child's insulin doses?
Not quite. In May 2017, the US Attorneys' Office concluded an investigation into New York State Education Department's policies on adjusting insulin doses. The Office found that the state violated the Americans with Disabilities Act by refusing to make reasonable modifications to its policy of not accepting parental involvement in determining dosage adjustments. As a result of the investigation, new Guidelines for Medication Management have been written, which state that nurses must accept information from parents and take that information into account when determining an insulin dose adjustment, within a physician prescribed range in the child's DMMP. The new Guidelines leave the final decision as to an adjustment up to the nurse.
- Letter of Resolution outlining the changes New York needed to make to comply with the law
- Revised Guidelines for Medication Management
- DMMP Addendum for Physicians to authorize parental dosing adjustments
7. Specific New York City School considerations.
On April 21, 2023, the U.S. Eastern District Court of New York approved a settlement agreement to resolve a lawsuit between the American Diabetes Association (ADA) joined with three families and the New York City, the Department of Education, the Department of Health and Mental Hygiene, and the Office of School Health.
Under the settlement agreement, defendants must modify their policies, practices, and procedures related to:
- planning to determine the needs of students with diabetes and how Defendants will meet those needs (called a “Section 504 Plan”)
- providing care such that students with diabetes are not excluded or segregated from their classmates
- training for staff and contractors (nurses, paraprofessionals, administrators, bus drivers and attendants, and teachers and other staff) and the provision of services during the school day and in afterschool activities.
Resources:
For more information, see the following resources:
- NY Consolidated Law Service Educ § 921 (2015); Training of unlicensed school personnel to administer certain medications (i.e. glucagon)
- New York State Department of Education, "Clarification on Insulin Pumps," (Mar. 2012)
- New York Consolidated Law Service, Education Law Title 1, General Provisions, Article 19, Medical and Health Service, Section 916-b, Pupils with diabetes
- New York State Education Department, Handbook on Services to Pupils Attending Nonpublic Schools (Mar. 2013)
- New York State Department of Health, Children with Diabetes: A Resource Guide for Families and Schools. (June 2013)
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
