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    "result": {"data":{"post":{"mainImage":{"asset":{"url":"https://cdn.sanity.io/images/pbt0a49i/production/92235bd118ea6cfe9f0fd74ebb2d3e710262e1c5-2400x2400.png"}},"publishedAt":"Apr 26th, 2026","slug":{"current":"toileting-and-diapering-protocol-in-schools"},"title":"Toileting and Diapering Protocol in Schools","_rawBody":[{"_key":"3d041fe30dc2","_type":"block","children":[{"_key":"925f5c6c79c30","_type":"span","marks":[],"text":"In September 2024, the Governor signed legislation requiring that the Commissioner develop rules and regulations to establish statewide protocol for diapering and toileting students in public schools and BOCES. Those regulations became effective on March 27, 2026. The new regulation (8 NYCRR 136.10) requires schools to formalize in a written plan practices and procedures to assist students with diapering and toileting in a safe, hygienic, age-appropriate and sensitive manner.\n\nThe new regulation makes it clear that schools may not suspend, disenroll, or exclude any student, including students enrolled in a Universal Prekindergarten program, from participation in school or school programs based on toileting status.\n\nSchools must establish a plan that includes clear and age-appropriate protocols and routines to support student privacy, hygiene, and supervision in accordance with student age and developmental needs. The plan must identify staff roles and responsibilities regarding diapering and toileting in school. Relevant school personnel must be trained annually on health and safety procedures relative to hygiene in the diapering and toileting areas, precautions when dealing with bodily fluids, and how to assist students with toileting and personal care needs in a respectful, culturally responsive, and developmentally appropriate manner.\n\nSchools must develop procedures to promote safe and sanitary diapering and toileting, including maintaining safe, hygienic and sanitary restroom and diapering areas; ensuring adequate restroom and toileting supplies, ensuring adequate diapers and pullups and plastic bags for soiled clothing; providing adequate changing tables and disposal containers for soiled diapers; and meeting all IEP needs.\n\nStudents must be provided access to restroom facilities during instructional time, as well as during noninstructional and extracurricular time, without unreasonable delay.\n\nSchools are required to work with families to support individualized toilet learning, including arrangements to ensure an adequate supply of diapers and pullups and suitable clothing. Soiled clothing is to be returned to parents for washing or other disposal.\n\nAny questions regarding the school’s written protocol for diapering and toileting may be addressed by multiple attorneys in our office."}],"markDefs":[],"style":"normal"}],"tags":[],"author":{"name":"Susan T. Johns","hideFromFront":null,"bioExcerpt":null,"slug":{"current":"susan-t-johns"},"image":{"hotspot":null,"crop":null,"asset":{"url":"https://cdn.sanity.io/images/pbt0a49i/production/a705b3fb530808fd40af4b7add7801d3022ec816-1920x1080.png"}}}},"articles":{"nodes":[{"publishedAt":"May 29th, 2020","slug":{"current":"layoffs-on-the-horizon-prepare-now"},"title":"Layoffs on the Horizon? Prepare Now!","mainImage":{"asset":{"url":"https://cdn.sanity.io/images/pbt0a49i/production/0cef960c7868e750a99a3ad22de509dc0a0ad936-8660x5773.jpg"}},"author":{"name":"Miles G. Lawlor"},"_id":"1ac3e2ca-0014-4bcf-a83e-75d4dd45539f","excerpt":"Public school districts are facing the prospect of significant State funding cuts because of the COVID-19 pandemic’s devastating impact on New York State’s finances.  As a result, reductions in force may be a part of some school districts’ reopening plans.  Different rules and layoff procedures will apply to different classes of employees, so school district …"},{"publishedAt":"May 29th, 2020","slug":{"current":"data-security-and-privacy-takes-on-renewed-importance-during-distance-learning"},"title":"Data Security and Privacy Takes on Renewed Importance During Distance Learning","mainImage":{"asset":{"url":"https://cdn.sanity.io/images/pbt0a49i/production/8e63edc004dad1cf08c18f35e816d7b656be2f00-6240x4160.jpg"}},"author":{"name":"Lindsay A. G. Plantholt"},"_id":"637f7693-3a7e-4430-a682-9e37b8afd513","excerpt":"In light of the shift to distance learning due to the COVID-19 emergency, the security of student data has become a more pressing concern for school districts and BOCES.  This article provides an update on recent cyber threats and a reminder of school district and BOCES’ responsibilities under Education Law Section 2-d. Unfortunately, COVID-19 has …"},{"publishedAt":"Feb 26th, 2020","slug":{"current":"an-employers-failure-to-investigate-a-discrimination-complaint-in-a-reasonable-manner-can-constitute-discrimination"},"title":"An Employer’s Failure to Investigate a Discrimination Complaint in a Reasonable Manner Can Constitute Discrimination","mainImage":{"asset":{"url":"https://cdn.sanity.io/images/pbt0a49i/production/dfa34bf85809324b74a97669796de1bde76ceed1-4928x3264.jpg"}},"author":{"name":"Charles E. Symons"},"_id":"1c52141f-3040-4a3d-937e-dd8c755bf2cc","excerpt":"A 2016 decision by United States Court of Appeals, Second Circuit, demonstrated that an employer’s negligence in investigating a complaint of discrimination can result in a finding of discrimination in certain circumstances. See Vasquez v. Empress Ambulance Serv., Inc., 835 F3d 267 [2d Cir 2016]. Commenting on the holding in the Vasquez case, the Second …"}]},"siteCategories":{"nodes":[{"title":"Education Law","id":"-1d6455d5-070a-51cc-95cf-05c60ae5f1ff"},{"title":"Employment Law","id":"-fa1b9597-5710-5229-be28-485025ee6854"},{"title":"Ferrara Fiorenza PC","id":"-49eeea1e-3fe8-5304-8268-ea9ba38538f3"}]}},"pageContext":{"id":"-5b86a4f0-4218-5982-9dbd-3c8108f79f4a"}},
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