NY Schools Face Unprecedented Challenge: Potty Training Policies in the Spotlight

Reading, writing, arithmetic—and now, diaper duties?

In a recent move, education authorities in New York have introduced emergency regulations requiring schools to establish protocols for managing young children’s bathroom needs. This comes just as the state gears up to expand its publicly funded daycare and pre-kindergarten offerings.

Yet, who will bear the burden of these new responsibilities is a pressing concern.

The state’s recent “diapering and toileting” mandate has schools in a quandary, as they try to determine whether teachers, teacher’s aides, or nurses should take on this task.

Many educators are reluctant to embrace this aspect of childcare, arguing that teaching kids to use the toilet should be a parental duty. A summary from a state Department of Education Q&A session reveals these sentiments.

“One participant commented that expecting schools to handle potty training is ‘unacceptable,’ emphasizing that, barring medical issues, it is the parents’ job to ensure their children are toilet-trained before starting school,” the summary notes.

Department of Educations officials maintained, however, that the 2024 law that prompted the new rules said otherwise.

“The Department lacks the authority to require toileting skills as a condition of public school attendance,” officials said in the Q-and-A with educators.

The stink comes as Mayor Zohran Mamdani and Gov. Kathy Hochul joined forces to expand pre-school and daycare programs.

The so-called “free” universal child care proposal, which carries a $4.5 billion price tag, would bring 100,000 more children into programs across the state, including a new “2-Care” initiative for 2-year-olds in the Big Apple.

Even before Mamdani and Hochul began crowing about the benefits for working parents, state officials laid the groundwork for dealing with the messy reality that everyone poops.

The 2024 law aimed to set standards for dealing with toilet issues — but school employees have tried to argue they can’t bear diaper duty.

“Teachers may be stretched too thin without added support and emphasized that adequate staffing and supplies would require additional funding,” the state’s summary reads.

“Others argued that the NYS Learning Standards ‘do not require teachers to provide toilet-training instruction,’ underscoring that schools can support but should not replace the parental role.”

Nurses also weren’t interested in changing soiled pants or diapers, the comments show.

“Some commenters emphasized the importance of defining the role of school nurses, particularly in relation to toileting and toilet training, and recommended that toileting should not be performed by a nurse.’ These commenters maintain that toileting is an activity of daily living (ADL), not a nursing function, noting that hospital nurses have long delegated such tasks to aides,’” the DOE summary said.

The DOE said school districts must decide who will perform dooty duty.

“Decisions on how staff will provide diapering support must be made at the local level, based on local protocols, regulations, and operational needs,” the department said.

The law was pushed by the New York State United Teachers.

The teachers’ union maintains that School-Related Professionals — commonly known as paraprofessionals — should be responsible for both teaching students how to use the bathroom independently, and for diapering them, changing them, and cleaning up after them.

“Without regulations from the state, some districts have been acting fast and loose with their approaches to this issue,” an NYSUT newsletter states.

One paraprofessional in Rochester complained that her school wanted her to change her student who has autism on the floor.

She was able to get a changing table after lodging a complaint.

The department said school districts will not receive additional funding to comply with the new policy.

“There is currently no additional state funding available for implementation of the proposed statute or rule,” the DOE said.

The rule requires school districts to promote “a safe and healthy environment to support diapering and toileting” and establish a plan with protocols that outlines clear, age-appropriate routines for student privacy, hygiene, and supervision.

Schools will also be required to provide annual training on health and safety procedures to all relevant staff.

The rule requires space for restroom and diaper changing areas and these areas must be consistently maintained, cleaned, and appropriately equipped.

Schools are barred from suspending, expellng or excluding a student from enrollment or participation in school or school programs based on their “toileting status” — or not being potty trained.

Toileting accidents must be handled with “sensitivity and without punishment, exclusion, or shaming,” the rule states.

The edict also requires schools to provide the support, services, and specialized equipment necessary for preschool and school-age students with disabilities who require assistance with toileting, in accordance with their individualized educational program (IEP) or special education plan.

The state Board of Regents is expected to give final approval to the toiletry rule its next meeting after giving providing initial emergency adoption to comply with the timeline under the law.

City education officials said their Division of Early Childhood Education has partnered with the United Federation of Teachers to develop and deliver professional learning resources for staff and teaching teams.

The city’s public schools have established protocols in line with the newly issued diapering the toileting rule, officials said.