From New Jersey, USA:
Is it legal for a public school to waive its responsibility, liability or accountability for the untimely or lack of carrying out the diabetes management plan if a school nurse is not available during school hours? Are there any other school districts in our state that waive such responsibilities? Where can I found out if this is common? How do I proceed to find out?
It is my understanding that, in the absence of a nurse, the schools must designate other personnel to carry out the diabetes treatment regimen. You should contact the New Jersey Department of Education about your concerns. In addition, the American Diabetes Association has a very strong school advocacy program.
See The Law, Schools, and Your Child with Diabetes at this website, and New Jersey Department of Education Guidelines for the care of students with diabetes in the school setting.
Additional comments from David S. Holtzman, Esq.:Please contact an attorney licensed to the practice of law in NJ to learn your rights and responsibilities concerning the actions of the school district.
Additional comments from Crystal Jackson, ADA Government Relations Department:Under the provisions of federal law, public schools and private schools who receive federal funds must provide appropriate care to students with diabetes. NJ law does contain a limited liability of school employees provision that requires parents to sign a statement acknowledging no liability as a result of any injury arising from the self-administration of medication by the pupil. Of course, this would not be applicable in cases of gross negligence. NJ Sta. Sec. 18A:40-12.3
Original posting 21 Oct 2002
Posted to School and Daycare
Last Updated: Tuesday April 06, 2010 15:09:37
This Internet site provides information of a general nature and is designed for educational purposes only. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other health care professional.
This site is published by Children With Diabetes, Inc, which is responsible for its contents.
© Children with Diabetes, Inc. 1995-2013. Comments and Feedback.