A Word from Legal
Student Toileting and Educators
TOILETING: IS IT THE RESPONSIBILITY OF EDUCATORS?
Yes. Prekindergarten programs include three- and four-year-olds with varying levels of toileting abilities, or none at all. Because current regulations do not permit systems to exclude students due to toileting issues, MSDE has adopted an inclusive approach and guidance to toileting students. As a result, it is the responsibility of school staff, particularly licensed teachers, to assist students with and without IEPs or 504 plans with toileting needs to work toward independence as part of instruction. Communication with parents regarding their child’s needs and the school’s toileting protocols should be the first step once a toileting issue is identified.
Providing appropriate personal care to students immediately raises liability concerns on the part of all employees because of the prospect of allegations of abuse or neglect.
Here are some guidelines/expectations to implement and adhere to for students in your classroom:
The student has a right to privacy and dignity. The student should be treated in an age-appropriate manner. If they are physically capable of dressing themselves and following verbal directions or visual cues, assist them with verbal directions or cues to help them make appropriate choices in personal care.
Use praise and avoid chastising or negative reinforcement. Two designated adults should be present if the student requires physical assistance with personal care tasks. If the classroom is without an assistant, then another staff member(s) in the building should be designated.
Two adults should be present when personal care is managed away from the instructional area. This is for the protection of both the student and employee. If the bathroom is not in the classroom, employees should escort the child to the appropriate area and inform the front office to request assistance and/ or coverage.
Students should be escorted to the bathroom upon request and without unnecessary delay.
Employees should never leave a child unattended on a toilet or changing table.
Request resources to ensure proper implementation of health and safety protocols, including disposable gloves, towels, trash bags, soap, wipes, changing mats, and waste bin.
Document, document, document! Remember: Physical assistance should only be provided when absolutely needed. Create a chart to support an individual student’s toilet training, as necessary.
Questions? Contact your local UniServ director for more details to limit legal exposure.