ENROLLED
Committee Substitute
for
H. B. 2548
(By Delegates Tucker, Perdue, Leach, Long, Marshall,
Trump and Canterbury)
[Passed March 9, 2006; in effect ninety days from passage.]
AN ACT 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 and §18-2K-4, all relating to establishment of
individual diabetes care plans for students with diabetes by
county boards of education; requiring the State Board of
Education to adopt guidelines for the development and
implementation of individual diabetes care plans on or before
the first day of January, two thousand seven; requiring each
county board of education to adopt a diabetes care plan
meeting the guidelines for diabetes care plans adopted by the
State Board of Education; requiring the State Board of
Education to report to the Legislature regarding adoption of
the guidelines and the establishment and implementation of
diabetes care plans by county boards of education.
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 and §18-2K-4, 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 on or before the first day of January, two thousand seven.
The guidelines for information and allowable actions in a diabetes
care plan shall meet or exceed the American Diabetes Association's
recommendations for the management of children with diabetes in the
school and day care setting. 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 of Education shall consider recent resolutions by the Office of Civil Rights of the United
States Department of Education regarding investigation of
complaints alleging discrimination against students with diabetes.
The guidelines adopted by the state board shall include:
(1) Procedures for school nurses to develop an individual
diabetes care plan for any student diagnosed with diabetes, which
shall involve the parent or guardian, the student's health care
provider, the student's classroom teacher, the student if
appropriate, 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; and
(4) Procedures for 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 provide that the
guidelines and any subsequent changes are published and
disseminated to county boards of education.
§18-2K-3.
Establishment and implementation of diabetes care plans
by county boards to support and assist students
with diabetes.
Each county board of education shall establish and adopt a
diabetes care plan which shall be implemented in schools in which
students diagnosed with diabetes are enrolled. The plan shall be
adopted not later than six months after the State Board of
Education adopts guidelines for the plans pursuant to section two
of this article. The plan shall meet all of the guidelines for
diabetes care plans adopted by the State Board of Education
pursuant to section two of this article. 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. County 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. Progress report to the Legislature.
The State Board of Education shall report no later than the
first day of September, two thousand seven, to the Legislative
Oversight Commission on Health and Human Resources Accountability
on the board's progress regarding the adoption and dissemination of
the guidelines pursuant to section two of this article and the establishment and implementation of diabetes care plans by county
boards of education pursuant to section three of this article.