Assemblyman Brian Maher (R,C–Walden) has sent a letter to New York State Education Department Commissioner Betty A. Rosa raising concerns about proposed statewide protocols related to diapering and toileting in public schools and how the guidance may impact school staff and student safety.

Maher said he heard from school nurses, teachers and other school personnel across his district who are concerned the proposed guidance could place additional toileting responsibilities on school staff, including nurses who are responsible for responding to medical needs and emergencies within school buildings.

“As both a legislator and the parent of young children, Assemblyman Maher believes schools should support student development while ensuring that trained professionals can focus on the responsibilities they were hired to perform,” said Meghan Hurlburt, chief of staff to Assemblyman Maher. “School nurses play a critical role in student health and safety, and their time should be focused on medical care, not routine tasks that can pull them away from responding to emergencies.”

In his letter, Maher noted many educators have reported an increase in students entering school without being toilet-trained, which can place additional demands on classroom staff and create confusion when expectations between school and home are not aligned.

Maher also emphasized that his concerns do not apply to students with significant special education needs, including those with profound developmental delays or physical disabilities who require toileting assistance as part of their individualized education plans and are supported by trained aides or paraprofessionals.

Maher urged the department to consider policies that strengthen the partnership between schools and families, including requiring plans for students who enter school without being toilet-trained to help them work toward independence.

“Ultimately, we want a balanced approach that supports children while ensuring that school personnel can focus on the medical and educational responsibilities they are trained to provide,” Hurlburt added.

Maher said he looks forward to continuing the conversation with the state Education Department, school nurses and educators to identify practical solutions that support both student development and safe, effective school environments.