SB333 H ED AM 4-7 #1
The Committee on Education moves to amend the bill on page
one, following the enacting clause, by striking the remainder of
the bill and inserting in lieu thereof the following:
"
That §18-5-22 and §18-9A-8 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of
council of school nurses.
(a) County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and have the authority to take any other action necessary to
protect the pupils from infectious diseases, including the
authority to require from all school personnel employed in their
county, certificates of good health and of physical fitness.
(b) Each county board shall employ full time at least one
school nurse for every one thousand five hundred kindergarten
through seventh grade pupils in net enrollment or major fraction
thereof pupils in net enrollment or major fraction thereof:
Provided, That each county shall employ full time at least one
school nurse: Provided, however, That a county board may contract
with a public health department for services considered equivalent to those required by this section in accordance with a plan to be
approved by the state board: Provided, further however, That
a
county board may contract with a public health department for
services considered equivalent to those required by this section in
accordance with a plan to be approved by the state board: Provided
further, That
the state board shall promulgate rules requiring the
employment of school nurses in excess of the number required by
this section to ensure adequate provision of services to severely
handicapped pupils. An appropriation may be made to the state
department to be distributed to county boards to support school
health service needs that exceed the capacity of staff as mandated
in this section. Each county board shall apply to the state
superintendent for receipt of this funding in a manner set forth by
the state superintendent that assesses and takes into account
varying acuity levels of students with specialized health care
needs.
(c) Any person employed as a school nurse must be a registered
professional nurse properly licensed by the West Virginia Board of
Examiners for Registered Professional Nurses in accordance with
article seven, chapter thirty of this code.
(d) Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional may be
performed only by school nurses, other licensed school health care
providers as provided in this section, or school employees who have been trained and retrained every two years who are subject to the
supervision and approval by school nurses. After assessing the
health status of the individual student, a school nurse, in
collaboration with the student's physician, parents and, in some
instances, an individualized education program team, may delegate
certain health care procedures to a school employee who shall be
trained pursuant to this section, considered competent, have
consultation with and be monitored or supervised by the school
nurse: Provided, That nothing in this section prohibits any school
employee from providing specialized health procedures or any other
prudent action to aid any person who is in acute physical distress
or requires emergency assistance. For the purposes of this section,
"specialized health procedures" means, but is not limited to,
catheterization, suctioning of tracheostomy, naso-gastric tube
feeding or gastrostomy tube feeding. "School employee" means
"teachers" as defined in section one, article one of this chapter
and "aides" as defined in section eight, article four, chapter
eighteen-a of this code. Commencing with the school year beginning
on July 1, 2002, "school employee" also means "secretary I",
"secretary II" and "secretary III" as defined in section eight,
article four, chapter eighteen-a of this code: Provided, however,
That a "secretary I", "secretary II" and "secretary III" shall be
limited to the dispensing of medications.
(e) Any school service employee who elects, or is required by this section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: Provided, That any
training required in this section may be considered in lieu of
required in-service training of the school employee and a school
employee may not be required to elect to undergo the training or
retraining: Provided, however, That commencing with July 1, 1989,
any newly employed school employee in the field of special
education is required to undergo the training and retraining as
provided in this section: Provided further, That if an employee
who holds a class title of an aide is employed in a school and the
aide has received the training, pursuant to this section, then an
employee in the field of special education is not required to
perform the specialized health care procedures.
(f) Each county school nurse, as designated and defined by
this section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional educational
service agency, prepare recommendations and elect a representative
to serve on the council of school nurses established under this
section.
(g) There shall be a council of school nurses which shall be convened by the State Board of Education. This council shall
prepare a procedural manual and shall provide recommendations
regarding a training course to the Commissioner of the Bureau for
Public Health who shall consult with the State Department of
Education. The state board then has the authority to promulgate a
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code to implement the training and to create
standards used by those school nurses and school employees
performing specialized health procedures. The council shall meet
every two years to review the certification and training program
regarding school employees.
(h) The State Board of Education shall work in conjunction
with county boards to provide training and retraining every two
years as recommended by the council of school nurses and
implemented by the rule promulgated by the state board.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-8. Foundation allowance for professional student support
services.
(a) The basic foundation allowance to the county for
professional student support personnel shall be the amount of money
determined in accordance with the following:
(1) The sum of the state minimum salaries, as determined in
accordance with the provisions of article four, chapter eighteen of
this code, for all state aid eligible school nurse and counselor positions in the county during the two thousand eight fiscal year
which number shall be reduced in the same proportion as the number
of professional educators allowed to be funded under section four
of this article to the total number of professional educators
employed that are state aid eligible. In performing this
calculation, the numerator shall be the number of professional
educators actually funded under section four of this article and
the denominator shall be the total number of professional educators
employed that are eligible to be funded under section four of this
article;
(2) The amount derived from the calculation in subdivision (1)
of this subsection is increased by one half percent;
(3) The amount derived from the calculation in subdivision (2)
of this subsection is the basic foundation allowance to the county
for professional student support personnel for the two thousand
nine fiscal year;
(4) For fiscal years two thousand ten, two thousand eleven,
two thousand twelve and two thousand thirteen, the basic foundation
allowance to the county for professional student support personnel
increases by one-half percent per year over the allowance for the
previous year; and
(5) For all fiscal years thereafter, the basic foundation
allowance to the county for professional student support personnel
remains the same amount as in the two thousand thirteen fiscal year.
(b) The additional positions for counselors that may be
created as a result of the one percent increase provided pursuant
to this section shall be assigned to schools where the counselor
can:
(1) Enhance student achievement;
(2) Provide early intervention for students in grades
pre-kindergarten through five; and
(3) Enhance student development and career readiness.
The basic foundation allowance to the county for professional
student support personnel shall be the amount of money required to
pay the state minimum salaries, in accordance with provisions of
article four, chapter eighteen-a of this code, to the personnel
employed in the following enumerated positions and subject to the
following limitations:
(1) For school nurse, no county shall receive an allowance for
the personnel which number is in excess of one nurse to each one
thousand five hundred students in net enrollment; and
(2) For counselor, no county shall receive an allowance for
the personnel which number is in excess of one counselor to each
three hundred fifty students in net enrollment.