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Introduced Version House Bill 2548 History

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hb2548 intr
H. B. 2548


(By Delegates Tucker, Perdue, Leach, Long, Marshall,

Trump and Canterbury)

[Introduced February 21, 2005; referred to the

Committee on Health and Human Resources then Education.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all relating to requiring the State Board of Education to adopt and disseminate guidelines for the development and implementation of individual diabetes care plans and to require local boards of education to implement these guidelines.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all to read as follows:

ARTICLE 2K. THE DIABETES CARE PLAN ACT.

§18-2K-1. Title of article.

This article shall be known as "The Diabetes Care Plan Act."

§18-2K-2. Adoption of guidelines for individual diabetes care plans.

(a) The State Board of Education shall adopt guidelines for the development and implementation of individual diabetes care plans. The State Board of Education shall consult with the Bureau for Public Health and the Department of Health and Human Resources in the development of these guidelines. The State Board of Education also shall consult with county board of education employees who have been designated as responsible for coordinating their individual county's efforts to comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794. In its development of these guidelines, the State Board shall refer to the guidelines recommended by the American Diabetes Association for the management of children with diabetes in the school and day care setting and shall consider recent resolutions by the United States Department of Education's Office of Civil Rights of investigations into complaints alleging discrimination against students with diabetes.
The guidelines adopted by the State Board shall include:
(1) Procedures for the development of an individual diabetes care plan at the written request of the student's parent or guardian, and involving the parent or guardian, the student's health care provider, the student's classroom teacher, the student if appropriate, the school nurse if available and other appropriate school personnel.
(2) Procedures for regular review of an individual care plan.
(3) Information to be included in a diabetes care plan, including the responsibilities and appropriate staff development for teachers and other school personnel, an emergency care plan, the identification of allowable actions to be taken, the extent to which the student is able to participate in the student's diabetes care and management and other information necessary for teachers and other school personnel in order to offer appropriate assistance and support to the student. Each elementary school where a diabetic child is enrolled shall have a school nurse on staff. A county board of education may not transfer a student from a school without a school nurse to a school with a school nurse in order to comply with the school nurse requirement. The State Board of Education shall ensure that the information and allowable actions included in a diabetes care plan as required in this subdivision meet or exceed the American Diabetes Association's recommendations for the management of children with diabetes in the school and day care setting.
(4) Information and staff development to be made available to teachers and other school personnel in order to appropriately support and assist students with diabetes.
(b) The State Board of Education shall ensure that these guidelines are updated as necessary and shall ensure that the guidelines and any subsequent changes are published and disseminated to county boards of education.
§18-2K-3. Implementation of guidelines to support and assist students with diabetes.

County boards of education shall ensure that the guidelines adopted by the State Board of Education under section two of this article are implemented in schools in which students with diabetes are enrolled. In particular, the boards shall require the implementation of the procedures set forth in those guidelines for the development and implementation of individual diabetes care plans. Local boards also shall make available necessary information and staff development to teachers and school personnel in order to appropriately support and assist students with diabetes in accordance with their individual diabetes care plans.
§18-2K-4. Reporting date.
The State Board of Education shall report no later than the first day of September, two thousand seven, to the Legislature on the Board's progress regarding the adoption, dissemination and implementation of the guidelines under sections one and two of this article.
§18-2K-5. Implementation.
The guidelines under section two of this article shall be adopted no later than the fifteenth day of January, two thousand seven, and shall be implemented under section three of this article beginning with the two thousand seven - two thousand eight school year.



NOTE: The purpose of this bill is to require the State Board of Education to adopt and disseminate guidelines for the development and implementation of individual diabetes care plans and to require local boards of education to implement these guidelines.

Article 2K is new; therefore, strike-throughs and underscoring have been omitted.
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