The Diabetes Care Plan Act
The Diabetes Care Plan Act
www.diabetes.org
West Virginia Code Annotated
Chapter 18. Education.
Article 2K. The Diabetes Care Plan Act.
W. Va. Code § 18-2K-2 (2006)
§ 18-2K-1. Title of article.
This article shall be known as "The Diabetes Care Plan Act."
§ 18-2K-2. Adoption of guidelines for individual diabetes care plans.
(a) The State Board of Education shall adopt guidelines for the development and
implementation of individual diabetes care plans on or before the first day of January,
two thousand seven. The guidelines for information and allowable actions in a diabetes
care plan shall meet or exceed the American Diabetes Association's recommendations for
the management of children with diabetes in the school and day care setting. The State
Board of Education shall consult with the Bureau for Public Health and the Department
of Health and Human Resources in the development of these guidelines. The State Board
of Education also shall consult with county board of education employees who have been
designated as responsible for coordinating their individual county's efforts to comply with
federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794. In its development of these guidelines, the State Board of
Education shall consider recent resolutions by the Office of Civil Rights of the United
States Department of Education regarding investigation of complaints alleging
discrimination against students with diabetes.
The guidelines adopted by the state board shall include:
(1) Procedures for school nurses to develop an individual diabetes care plan for any
student diagnosed with diabetes, which shall involve the parent or guardian, the student's
health care provider, the student's classroom teacher, the student if appropriate, and other
appropriate school personnel;
(2) Procedures for regular review of an individual care plan.
(3) Information to be included in a diabetes care plan, including the responsibilities
and appropriate staff development for teachers and other school personnel, an emergency
care plan, the identification of allowable actions to be taken, the extent to which the
student is able to participate in the student's diabetes care and management and other
information necessary for teachers and other school personnel in order to offer
appropriate assistance and support to the student; and
(4) Procedures for information and staff development to be made available to teachers
and other school personnel in order to appropriately support and assist students with
diabetes.
(b) The State Board of Education shall provide that the guidelines and any subsequent
changes are published and disseminated to county boards of education.
§ 18-2K-3. Establishment and implementation of diabetes care plans by county
boards to support and assist students with diabetes.
Each county board of education shall establish and adopt a diabetes care plan which
shall be implemented in schools in which students diagnosed with diabetes are enrolled.
The plan shall be adopted not later than six months after the State Board of Education
adopts guidelines for the plans pursuant to section two § 18-2K-2 of this article. The plan
shall meet all of the guidelines for diabetes care plans adopted by the State Board of
Education pursuant to section two of this article. In particular, the boards shall require the
implementation of the procedures set forth in those guidelines for the development and
implementation of individual diabetes care plans. County boards also shall make
available necessary information and staff development to teachers and school personnel
in order to appropriately support and assist students with diabetes in accordance with
their individual diabetes care plans.
§ 18-2K-4. Progress report to the Legislature.
The State Board of Education shall report no later than the first day of September, two
thousand seven, to the Legislative Oversight Commission on Health and Human
Resources Accountability on the board's progress regarding the adoption and
dissemination of the guidelines pursuant to section two of this article and the
establishment and implementation of diabetes care plans by county boards of education
pursuant to section three of this article.
Please visit the link to read the article in .pdf format.
