Safe At School®

Legal Protections

Families, health care providers and school nurses, administrators, teachers, and other school staff are all committed to ensuring that students with diabetes can learn in a safe environment with the same educational opportunities as students without diabetes.

The development of a written accommodations and care plan developed under federal disability law—such as a Section 504 Plan or Individualized Education Program (IEP)—is the best way to ensure that your child's diabetes needs are met.

State law

This information was prepared by the ADA, a national leader in diabetes information and advocacy. It covers state rules on diabetes care in public schools, and may not include all the important details. We strive to be constantly up to date, but laws can change. It is not a substitute for professional legal advice. If you need more information or help, email AskADA@ or call us at 1-800-DIABETES (342-2383). We have experienced legal advocates who are here to help.

Some states give more protections, or give helpful guidance on how to best provide diabetes care in the school setting. Learn about your state’s laws and resources here:

Sometimes, state rules are complicated and make it unclear about who can provide care at school. Remember that your child still has rights under federal law, regardless of what state law says.

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Map of the United States with states in different colors showing legal protections

Map Key

Teal: States with state law(s) or guidance allowing the delegation of insulin and glucagon to trained school staff

Orange: States with state law(s) or guidance allowing the delegation of glucagon administration to trained school staff.

No color: No law(s) or guidance specifically allowing the delegation of glucagon or insulin administration. However, a state not having one of the listed laws covering diabetes care in schools may not mean an action is prohibited. Regardless, federal and/or many state laws, regulations, and policies require schools to meet the needs of students with disabilities such as diabetes so they may safely and fully access the school setting.

Stripes: States with an undesignated glucagon law.

The above map and information cover state laws on diabetes care in schools and may not include all the relevant rules and important details. While the American Diabetes Association strives to provide current information, laws and resources can frequently change. Additionally, a state not having one of the listed laws covering diabetes care in schools may not mean something is prohibited. Regardless, federal and/or many state laws, regulations, and policies require schools to meet the needs of students with disabilities such as diabetes so they may safely and full access the school setting.

Federal Laws

Federal and some state laws protect students with diabetes and their families against discrimination at school. These federal laws include:

Americans with Disabilities Act

Section 504 of the Rehabilitation Act of 1973

Section 504 is a federal civil rights law to prohibit discrimination on the basis of disability.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a federal law that requires states to provide a "free, appropriate public education" to children with disabilities.

HIPAA and FERPA

HIPAA and FERPA are federal health privacy laws that impact health and educational records.

School Cell Phone Ban/Restrictions Information and Resources

The American Diabetes Association (ADA) is aware of school cell phone ban/restriction laws and policies that are being implemented in schools. States and school districts need to exempt students who require smart devices to manage chronic health conditions such as diabetes. You can find some relevant resources below. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@.

Resources:

Continuous Glucose Monitor Resources

NEW! Undesignated Glucagon Toolkit and State Law Resources

The Safe at School® campaign has developed a toolkit and guidance for providing undesignated glucagon in schools as allowed by state law. Recently, some states have passed undesignated glucagon laws, also called standing order laws, to enable schools to stock glucagon without a student-specific prescription. Find information about acquiring undesignated glucagon for a school, training resources, and a list of states with undesignated glucagon laws below.