SCHOOL CONTRACTED HEALTH SERVICES.

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View NCGA Bill Details2023-2024 Session
House Bill 150 (Public) Filed Monday, February 20, 2023
AN ACT TO ALLOW PARENT CHOICE IN NURSING SERVICE PROVIDERS REQUIRED BY AN INDIVIDUALIZED EDUCATION PROGRAM.
Intro. by Bradford, K. Baker, Crutchfield, Cunningham.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 16 2023)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ALLOW CHILDREN WITH DISABILITIES WHO RECEIVED SERVICES PRIOR TO ENROLLING IN A LOCAL EDUCATIONAL AGENCY THE OPPORTUNITY TO CONTINUE RECEIVING THOSE SERVICES FROM THE SAME PROVIDER WHILE AT SCHOOL.

H 150

Bill Summaries:

  • Bill H 150
    Summary date: Mar 14 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.  Makes changes to the act’s long title. Deletes the limitation specifying that local educational agencies are only able to contract with private special education facilities when the local entity is unable to provide the service set forth in GS 115C-111.2 so that local educational agencies may contract with private providers for any service. Defines nursing services. Enacts new GS 115C-111.2(b) specifying the following conditions that must be met before a local education agency must make available a parent’s choice of nurse when providing nursing services under an IEP: (1) the IEP requires nursing services; (2) the child received nursing services from the nurse (i) prior to the nursing services being required by the child's IEP or (ii) prior to the child enrolling in his or her current school; (3) the parent's choice of nurse is employed by a nursing agency and willing to provide the nursing services required by the child's IEP; (4) the nursing agency employing the parent's choice of nurse meets all standard contract terms required for any other nursing agency contracted by the local educational agency, including licensing and liability requirements; (5) the contracted rate is equal to or less than the contracted rate of other nurses contracted by the local educational agency. Specifies that GS 115C-111.2 should not be construed to limit the local education agency’s responsibility to provide a free public education. Deletes proposed amendments to GS 115C-111.6.    


  • Summary date: Feb 20 2023 - View Summary

    Amends GS 115C-111.2 (allowing public, local educational agencies to contract with private service providers for disability related services) to require the agencies to afford private service providers the opportunity to contract with the agency outside the contracting request for proposal period if all of the following conditions occur: (1) the provider provides services to a student who attends or will attend a school within the local educational agency; (2) the services provided to the student are required by an individualized education program (IEP); (3) the provider meets all licensing criteria required for any other provider contracted by the local educational agency; and (4) the contracted rate is equal to or less than the contracted rate of other providers contracted by the local educational agency.

    Amends GS 115C-111.6 (requiring disability services for preschool children with disabilities) to require that a preschool program make all reasonable accommodations for a child to continue to receive services from a licensed provider while enrolled in a preschool program so long as they received those service prior to enrollment and the conditions of GS 115C-111.2 set forth above are met. 

    Applies beginning with the 2023-24 school year.