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SB1008 SUB1 Senate Bill 1008 History

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SB1008 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 1008

(By Senator Tomblin (Mr. President),

By Request of the Executive)

____________

[Originating in the Committee on Education;

reported May 16, 2010.]

____________



A BILL to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to gradual implementation of compulsory comprehensive health screening for students entering kindergarten, third grade, sixth grade and ninth grade; defining terms; limiting developmental screening; requiring promulgation of legislative rules; and requiring an analysis of current infrastructure in place to implement requirements.

Be it enacted by the Legislature of West Virginia:
     That §18-5-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-17. Kids First compulsory comprehensive health screening; developmental screening for children under compulsory school age.

     (a) Prior to July 1, 2014 and except for students subject to the comprehensive health screening requirement set forth in subsection (b) of this section, all children entering public school for the first time in this state shall be given prior to their enrollments screening tests to determine if they might have vision or hearing impairments or speech and language disabilities. County boards of education may provide, upon request, such the screening tests to all children entering nonpublic school. County boards of education shall conduct these screening tests for all children through the use of trained personnel. Parents or guardians of children who are found to have vision or hearing impairments or speech and language disabilities shall be notified of the results of these tests and advised that further diagnosis and treatment of the impairments or disabilities by qualified professional personnel is recommended.
     (b) Effective July 1, 2011:
_____(1) A comprehensive health screening requirement for students entering kindergarten, third grade, sixth grade and ninth grade shall be implemented gradually as follows:
_____(A) Effective July 1, 2011, all students entering kindergarten and third grade shall have a comprehensive health screening by a licensed medical provider;
_____(B) Effective July 1, 2012, all students entering the sixth grade shall have a comprehensive health screening by a licensed medical provider; and
_____(C) Effective July 1, 2014, all students entering ninth grade shall have a comprehensive health screening by a licensed medical provider.
_____(2) Parents or guardians shall provide appropriate documentation of a comprehensive health screening in the form of a comprehensive health screening certificate within forty-five days of a student's entering kindergarten, third, sixth or ninth grade, as applicable.
_____(3) For the purposes of this section, "comprehensive health screening certificate" means a document developed by the Department of Education and reported to the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources Accountability prior to December 1, 2010. The certificate shall be signed by a licensed medical provider verifying that a comprehensive health screening has been completed and shall include only the following information: Student name screening date, student height and weight, and if any referrals were issued for deficits found in the screenings for hearing, vision, speech and language, developmental and dental.
_____(3) County boards shall:
_____(A) Coordinate with parents or guardians and community health care providers to ensure that the requirements of this subsection are communicated to all parties;
_____(B) Enter all comprehensive health screening data in the West Virginia Education Information System; and___
_____(C) Coordinate with parents or guardians and community health care providers to ensure that suspected deficits identified through a comprehensive health screening are addressed through referral to specialty healthcare providers, county board student support services or both.
_____
(b) (c) County boards of education shall provide or contract with appropriate health agencies to provide, upon the request of a parent or guardian residing within the district, developmental screening for their child or children under compulsory school attendance age: Provided, That a county board is not required to provide such developmental screening to the same child more than once in any one school year. Effective July 1, 2014, a county board shall provide developmental screening for a child only if a comprehensive health screening identifies a suspected deficit. Developmental screening is the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding language, perception through sight, perception through hearing, motor development and hand-eye coordination, health, and psycho-social or physical development. The boards shall coordinate the provision of developmental screening with other public agencies and the interagency plan for exceptional children under section eight, article twenty of this chapter to avoid the duplication of services and to facilitate the referral of children and their parents or guardians who need other services. The county boards shall provide notice to the public of the availability of these services.
     (c) (d) By October 1, 2010, the state board of Education is hereby authorized to shall promulgate legislative rules consistent with this section. The State Superintendent is directed to apply for federal funds, if available, for the implementation of the requirements of this section.
     (e) The state board and the Department of Health and Human Resources shall collaborate in conducting an analysis of the infrastructure currently in place for implementing the amendments to this section during the first extraordinary session of 2010. By December 1, 2010, the state board and the Department of Health and Human Resources shall report to the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources on the results of their analysis.
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