New York’s Diaper and Toilet Rule Sparks Debate

Reading, writing, math—and now diapers?

Last week, New York state education authorities rolled out an emergency regulation mandating that schools implement care policies for young children, coinciding with the expansion of state-funded childcare and preschool programs.

However, the challenge remains: who’s going to handle diaper changes?

With this new “diaper and toilet” requirement, many schools are trying to determine which teachers, aides, or nurses will take on this responsibility.

In a recent Q&A about the rule, some educators expressed discomfort about the expectation of tackling potty training, insisting it should fall squarely on parents.

One individual pointed out that it feels “unacceptable” for schools to expect children to be potty trained before starting, unless there are medical issues. The brief notes this viewpoint clearly.

On the other hand, Education Department officials contended that the new rules, stemming from a 2024 law, don’t allow for prior toilet training as a requirement for school attendance.

They explained during a session that “the ministry does not have the authority to require toilet skills as a condition of attendance.”

This discussion comes alongside initiatives from Mayor Zoran Mamdani and Governor Kathy Hochul aimed at broadening preschool and childcare options.

The “free” universal childcare initiative, which comes with a hefty $4.5 billion price tag, is projected to enroll an additional 100,000 children state-wide, featuring a new program for two-year-olds in New York City.

Even before these leaders highlighted advantages for working families, educational authorities were recognizing the need to address the universal reality that all children have bathroom needs.

The 2024 law was designed to create standards for managing such matters, but school administrators argued that diaper duties could be overwhelming.

They voiced concerns about potentially overburdening teachers, noting that extra funding would be necessary to ensure proper staffing and resources.

Some even argued that existing learning standards in New York City don’t include potty training as a teacher’s responsibility, stating that while schools can assist, parental roles shouldn’t be displaced.

Feedback indicated that nurses were generally unwilling to change dirty diapers.

Many pointed out the importance of clarifying the school nurse’s role concerning toileting, suggesting that it should not fall under their duties. Commenters noted that typical hospital practices delegate this task to aides, emphasizing that toileting is part of daily living, not nursing care.

The Department of Education mentioned that schools would need to decide locally who would be tasked with these responsibilities.

“Decisions on how staff will provide diaper changing support should be made at the local level based on local protocols, regulations, and operational needs,” they advised.

This law emerged from initiatives pushed by the New York State United Teachers Association.

Unions suggest that school paraprofessionals should assume both the educational aspect of toilet training and the physical act of diaper changes and clean-ups.

In the absence of state guidelines, some districts are reportedly moving swiftly and perhaps carelessly to tackle this challenge.

For instance, a paraprofessional in Rochester raised her concerns about students with autism being changed in the classroom, prompting her successful request for a changing table.

Interestingly, the Department of Education stated that no extra funding would be available for schools to meet these new requirements.

They clarified, “At this time, there are no additional state funds available to implement the proposed law or regulation.”

The rules compel school districts to develop plans ensuring “a safe and healthy environment” for diapering and toileting, while outlining age-appropriate routines for privacy, hygiene, and oversight.

Schools will need to offer annual training on health and safety for relevant staff, create designated spaces for changing and toilets, and maintain these facilities properly.

Moreover, schools cannot suspend or exclude students based on potty training status, stipulating that all incidents must be approached with care—free from punishment or shame.

Additionally, the regulations state that students with disabilities requiring toileting assistance must be supported as outlined in their Individualized Education Programs (IEPs).

The State Board of Regents is anticipated to finalize these regulations during their next meeting, following their initial emergency rollout to comply with the law’s timelines.

City education officials have noted that the Office of Early Childhood Education is collaborating with the American Federation of Teachers to provide training resources for staff and instructional teams.

Officials assert that the public schools in the city are already aligning their procedures with the newly established diaper and toilet policies.