School Legislative Efforts

Even though federal laws already provide protection for children with disabilities, some state laws limit what non-medical personnel can do to help a student with diabetes. The Association is working in several states to pass laws to make sure that there are trained school personnel available to provide assistance to students with diabetes and that laws and rules are applied consistently throughout the state.

Students with diabetes attending the following states are afforded greater protection due to the passage of school diabetes care legislation:

Arizona (PDF) SB 1229 (2008)

California Cal Ed Code Section 49414.5 (2005)

Connecticut Chap 170, Section 10-220j (2004)

Hawaii HB 1550 (2005)

Indiana House Enrolled Act No. 1116 (2007)

Kentucky (MS Word document) - HB88 (2005)

Massachusetts Chap 71, Section 54B (2005)

Montana (PDF) MCA Section 20-5-412 (2004)

Nebraska – Nebraska Revised Statutes Annotated, Chapter 79, Article 2, section 79-225 (d) (2008)(ADA sponsored) (PDF)

This law covers public, private, denominational, and parochial schools.
A Diabetes Medical Management Plan will be made for each student with diabetes.
Students may self-administer diabetes care.

The student may self-administer anywhere and anytime at school and at all school-related events.

The school can require the parent to sign an agreement that the parent will not sue the school for injuries related to the student's self-administration of diabetes care.

Nevada - Glucagon Administration in Nevada Schools
On March 16, 2005 meeting, the Nevada State Nursing Board agreed to add glucagon to the list of medications and procedures that a school nurse can delegate to other school personnel. This procedure is added to the existing list which includes blood/urine glucose testing, calculation and verification of insulin dosages for self-administration, and use of automatic devices for fixed dosage injection, which includes insulin pens and pumps.

A Nevada school nurse can now delegate and train a school employee to recognize when glucagon is needed and how to give glucagon to a child who undergoes a severe low blood sugar. The trained school personnel is designated as a "qualified person."

North Carolina - (N.C. Gen. State Chapter 115C-12(31)

Oklahoma - HB 1051 (2007)

Oregon - Chapter 433.825 (2003)