Bill Summary for H 172

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Summary date: 

Mar 28 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 172 (Public) Filed Wednesday, February 22, 2023
Intro. by Kidwell, Hardister, Biggs, Cairns.

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Bill summary

House committee substitute to the 1st edition deletes the entirety of the 1st edition and replaces it with the following. Makes conforming changes to act titles.

Increases the powers and duties of the State Board of Education (Board) under GS 115C-12 by (1) requiring the Board to adopt a rule establishing a medical condition action plan (Plan) to be implemented by each public school unit for each student at risk for a medical emergency as diagnosed by a doctor and (2) requiring the Board, in consultation with the Department of Public Instruction (DPI) and the Department of Health and Human Services (DHHS), to adopt a rule establishing the required response of public school unit employees when a student has a medical emergency not otherwise covered by a medical condition action plan (Medical Emergency Plan). Requires DPI to provide each public school unit with a copy of the rule and each public school unit to implement the rule.

Amends GS 115C-375.1 (pertaining to certain medical care to students) to require each governing body of a public school unit to implement the Plan discussed above. Requires the Plan adopted by the Board to include all of the following: (1) a standard medical condition action plan form; (2) detailed instructions in the medical condition action plan form to ensure that all individuals designated by the principal, or, if there is no principal, the staff member with the highest decision-making authority, to provide medical care for a student at risk for a medical emergency as diagnosed by a doctor, know how to address the medical emergency; and (3) information detailing the method by which and by whom any medical emergency will be handled when the student is at a school-sponsored activity not on the campus of the public school unit, including field trips and interscholastic athletic activities. Changes the entity authorized to allow employees or volunteers to administer medical care, including the Plan, from the board of education or its designee to the governing body of a public school unit or its designee. Requires at least one public school unit employee per school to be trained in first aid and lifesaving techniques, including seizure recognition. Amends the bar on requiring public school unit employees to administer drugs or medications or attend life saving technique trainings to permit school administrators to engage in these activities. Specifies that if a school does not have a principal then the staff member with the highest decision making authority must determine which persons will participate in the medical care program at the beginning of each school year. Amends the provision that provides immunity from civil liability to when authority was given to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student. Makes technical, conforming, and organizational changes.   

Authorizes the Board to adopt temporary rules to implement the Plan and other requirements set forth above.

Enacts new GS 115C-47(68) and (69) (local boards of education), and amends GS 115C-218.75 (charter schools), GS 115C-238.66 (regional schools), and GS 116-239.8 (laboratory schools) by requiring these entities to implement the Plan and Medical Emergency Plan adopted by the Board.  

Amends Section 6(d)(2) of SL 2018-32 to make a local board of education with an approved renewal school system plan subject to GS 115C-47(68) and (69).

Applies beginning with the 2023-24 school year.