Toileting and Diapering Protocol in Schools

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.

The 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.

Schools 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.

Schools 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.

Students must be provided access to restroom facilities during instructional time, as well as during noninstructional and extracurricular time, without unreasonable delay.

Schools 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.

Any questions regarding the school’s written protocol for diapering and toileting may be addressed by multiple attorneys in our office.