Ohio Revised Code Section (RC) 3313.7112 outlines the required care for students with diabetes. Each board of education must ensure that each student enrolled in the district who has diabetes receives the appropriate and needed care for his or her diabetes, in accordance with a signed order from the student’s treating physician.
Diabetes care. Diabetes care includes:
- Checking and recording blood glucose levels and ketone levels, in which the student may need assistance;
- Responding to levels outside the student’s target range;
- Administering glucagon and emergency treatment in the case of severe hypoglycemia;
- Administering insulin or assisting the student with self-administration;
- Providing oral diabetes medication; and
- Following the physicians order for food intake and physical activity.
Notice. The board of education must inform the student’s parent or guardian, within 14 days of receiving a signed order by the treating physician, that the student may be entitled to a 504 plan regarding the student’s diabetes. ODE is required to develop a 504 plan information sheet that the board may use when notifying the student’s parent or guardian of the 504 plan entitlement.
Administering medication. A school nurse or an employee trained in diabetes care may administer diabetes medication.
Training. The board may provide training to school employees in the area of diabetes care for students. The training must comply with RC 3313.7112 (D) and must be coordinated by the school nurse or a licensed health care professional, if the school does not employ a nurse. The licensed health care professional must have expertise in diabetes and be approved by the school in order to provide training. If offered, the training must occur prior to the school year or as needed, but not later than 14 days after the board receives an order signed by a student’s treating physician. Once training is complete, the board must determine whether each trained employee is competent to provide diabetes care. Any follow-up training must promptly be provided by the school nurse or approved licensed health care professional to employees who received training. A school employee may not be penalized or disciplined for refusing to volunteer to be trained in diabetes care. Training may also be provided to recognize hypoglycemia and hyperglycemia as well as actions to take in response to emergency situations involving a school employee who has the primary responsibility of supervising a student with diabetes during some part of the school day and for a district employed bus driver who is responsible for transporting a student with diabetes.
Attending school. A student with diabetes must be allowed to attend the school where the student would attend if he or she did not have diabetes. Diabetes care must be provided at the school the student attends. Students may not be restricted from attending school because the school does not have a full-time school nurse or an employee trained in diabetes care nor shall the student be restricted because of his or her diabetes. Additionally, the school is prohibited from requiring a student’s parent or guardian to provide the student with diabetes care at school or school-related activities.
Performing care. Upon written request of a student’s parent or guardian, a student with diabetes must be allowed to attend to the care and management of his or her diabetes during regular school hours and school-sponsored events. The care and management must be in accordance with the student’s physician’s order, and the physician must determine that the student is capable of performing diabetes care tasks. The student must be permitted to perform diabetes care in a classroom, any area of the school/school grounds and at any school-related event. The student must be allowed, at all times, to possess the necessary supplies and equipment to perform his or her diabetes care. If requested, the student must have access to a private area to perform diabetes care. However, the board may revoke the student’s permission to attend to his or her diabetes care if the student performs any diabetes care tasks or uses medical equipment for purposes other than his or her own care.
The new statute does not diminish the rights of students under federal statutes. Districts should also review any applicable individualized education plans (IEPs) or 504 plan in place for the student to ensure such plans are being followed.
Liability and discipline. No school or district, board member or employee will be liable for damages in a civil action for death, injury, or loss to person or property that allegedly arises from administering diabetes care or performing duties under RC 3313.7112 unless the behavior constitutes willful or wanton misconduct. RC 3313.7112 does not diminish any other immunity or defense available under RC Chapter 2744, any other section of Ohio Revised Code or Ohio common law. Additionally, employees shall not be disciplined for providing or performing duties related to diabetes care. The board of nursing or any other regulatory board may not discipline a school nurse or licensed health care professional for providing or performing diabetes care in accordance with the RC 3313.7112, if the care is consistent with applicable professional standards.
Reporting. Boards of education must report the following to ODE by December 31 of each school year:
- The number of students with diabetes enrolled in the district; and
- The number of errors associated with administering diabetes medication to students during the previous school year.
ODE has developed a “Diabetes management survey” for this purpose, which is available on its website. The survey also collects data on the district’s use of epinephrine auto injectors.
ODE must issue a report by March 31 of each year summarizing the reports that it received from school boards. ODE’s report is required to be made available on its website.
Districts should review ODE’s diabetes management webpage at: https://education.ohio.gov/Topics/Other-Resources/Diabetes-Management. If you have any questions regarding this information please contact OSBA’s division of legal services.