New Jersey Association of Justice
American Bar Association
National Employers Lawyers Association

Is Diabetes a Disability for School?

Diabetes, usually Type 1 Diabetes as diagnosed in school-aged children, is considered a disability under the New Jersey Law Against Discrimination. The state law detailing school districts’ obligations to students with diabetes can be found at N.J.S.A. 18A:40-12.12 through 12.19, and requires that schools develop both an individualized health care plan and an individualized emergency health care plan for these students, among other legal obligations that our education attorneys can help you navigate.

An individualized health care plan is a document developed by the school nurse, in consultation with the parent of a student with diabetes and that student’s medical providers, usually an endocrinologist, and any other provider of diabetes care to the student. It should be consistent with the recommendations of those medical providers and detail the health services needed by the student to attend school. An individualized emergency health care plan is also a document developed by the school nurse, in consultation with the parent and medical professionals, that provides specific directions about what to do in emergency situations to ensure that the student with diabetes will remain safe, have access to snacks, water, and medication, and will continue to have their medical situation monitored during the emergency.

The process of obtaining these health care plans can be overwhelming, and our New Jersey education lawyers can help parents through the steps. Parents will provide written authorization for the school to administer diabetes care according to the health care plans. The individualized health care plan must include several points of information to ensure the student can attend school safely, including the symptoms of hypoglycemia and hyperglycemia for that particular student and the recommended treatments, frequency of blood glucose testing, dosage and indications for insulin and glucagon administration, timing and amounts of meals and snacks, participation levels for exercise and sports, and considerations for school trips, after-school activities, class parties, and other school-related activities. It must also outline the diabetes education provided to all school personnel who may come in contact with the student, medical and treatment issues that may affect the educational process of the student, and a plan for school-home communication.

The school nurse leads the health care of diabetic students in New Jersey schools, coordinating care and staff training. The school nurse also has the primary responsibility for the administration of glucagon, but school districts are obligated to seek out employee volunteers who are willing to become trained specifically in glucagon administration in the event the school nurse is not present to administer the medication when needed.

Designated areas of New Jersey school buildings must also post reference sheets in plain view in relevant areas of the building, identifying signs and symptoms of hypoglycemia in students with diabetes.

If a student with diabetes rides a school bus, school districts must notify bus drivers of the student’s diabetes and ensure they know how to treat hypoglycemia, who to contact in an emergency, and that they have parent contact information.

Often, students with individual health care plans also require 504 Plans that detail accommodations in school that will allow them to access their education, like flexible attendance policies, access to snacks and water throughout the day, and the ability to use the restroom or visit the school nurse without missing instruction. Our New Jersey education attorneys often see situations where school staff are uncomfortable monitoring blood glucose or counting grams of carbohydrates, especially in young students with diabetes. An experienced education lawyer can help you enforce the school’s obligations to your child. Administering medication, monitoring worn or implanted medical devices, and ensuring a particular diet is followed are all related services that New Jersey schools are required to provide to students with disabilities when needed to access their education.

If your child has diabetes or another chronic medical condition, and you need help ensuring they have access to their education and can attend school safely, reach out to our education attorneys for a consultation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully

Results may vary depending on your particular facts and legal circumstances.