AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.

View NCGA Bill Details2015-2016 Session
House Bill 13 (Public) Filed Wednesday, January 28, 2015
AN ACT TO REQUIRE EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A HEALTH ASSESSMENT; TO REQUIRE THAT ABSENCES DUE TO THE FAILURE TO PRESENT THE HEALTH ASSESSMENT TRANSMITTAL FORM NOT RESULT IN SUSPENSIONS AND TO ALLOW STUDENTS TO MAKE UP THE WORK MISSED; TO SPECIFY WHAT INFORMATION SHALL BE INCLUDED ON THE HEALTH ASSESSMENT TRANSMITTAL FORM AND WHO IS AUTHORIZED TO HAVE ACCESS TO THE FORM; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC INSTRUCTION TO AMEND THE HEALTH ASSESSMENT TRANSMITTAL FORM AND TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.
Intro. by Torbett.

Status: Ch. SL 2015-222 (House Action) (Aug 18 2015)

SOG comments (2):

Title Change.

House amendment changes the long title. The previous long title is found below: 

AN ACT REQUIRING EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A RECENT HEALTH ASSESSMENT AND REQUIRING THE HEALTH ASSESSMENT TRANSMITTAL FORM TO BE PERMANENTLY MAINTAINED IN THE CHILD'S OFFICIAL SCHOOL RECORD. 

Change Long Title

Senate committee substitute to 3rd edition changed long title.  Long title was AN ACT REQUIRING EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A HEALTH ASSESSMENT, REQUIRING ABSENCES DUE TO THE FAILURE TO PRESENT THE HEALTH ASSESSMENT TRANSMITTAL FORM NOT BE SUSPENSIONS AND STUDENTS BE ALLOWED TO MAKE UP THE WORK MISSED, AND REQUIRING THE HEALTH ASSESSMENT TRANSMITTAL FORM TO BE PERMANENTLY MAINTAINED IN THE CHILD'S OFFICIAL SCHOOL RECORD.

Bill History:

H 13/S.L. 2015-222

Bill Summaries:

  • Summary date: Aug 24 2015 - More information

    AN ACT TO REQUIRE EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A HEALTH ASSESSMENT; TO REQUIRE THAT ABSENCES DUE TO THE FAILURE TO PRESENT THE HEALTH ASSESSMENT TRANSMITTAL FORM NOT RESULT IN SUSPENSIONS AND TO ALLOW STUDENTS TO MAKE UP THE WORK MISSED; TO SPECIFY WHAT INFORMATION SHALL BE INCLUDED ON THE HEALTH ASSESSMENT TRANSMITTAL FORM AND WHO IS AUTHORIZED TO HAVE ACCESS TO THE FORM; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC INSTRUCTION TO AMEND THE HEALTH ASSESSMENT TRANSMITTAL FORM AND TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE. Enacted August 18, 2015. Effective August 18, 2015. Sections 1 through 4.5 apply to children enrolling in the public schools for the first time beginning with the 2016-17 school year.


  • Summary date: Aug 11 2015 - More information

    Conference committee report makes the following changes to the 6th edition. 

    Changes the amendment to GS 130A-440 to require a parent, guardian, or person standing in loco parentis to be notified at the time of a child's enrollment in the public schools that a health assessment transmittal form is needed on or before the child's first day of attendance.

    Clarifies that if the form is not submitted within 30 calendar days of a child's first day of attendance, the child may not be permitted to attend school.


  • Summary date: Jul 27 2015 - More information

    Senate amendments make the following changes to the 5th edition.

    Amendment #1 amends GS 130A-440, concerning health assessments for public school students, providing that notice of deficiency forms must include the following information: (1) that the health assessment transmittal form must be submitted to the principal within 30 calendar days of the child's first day of attendance or the child cannot attend school until it is submitted and (2) information that explains how a child can make up work missed.

    Amendment #2 amends proposed GS 115C-390.2(l), which requires boards of education policies to state that absences under GS 130A-440 concerning health assessments are not considered as suspensions, adding language that requires students subject to those absences be given the opportunity to take textbooks and school-furnished digital devices (was, textbooks) home for the duration of the absence.

    Amendment #3 amends proposed GS 130A-441, concerning reporting requirements for health assessment results, making a clarifying change to (a)(6). 

     


  • Summary date: Jul 23 2015 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Amends GS 130A-440, concerning health assessments for public school students, making organizational changes and adding language that allows only specified health care providers to submit the required health assessment transmittal form if they have been authorized to do so by the parent, guardian, or person standing in loco parentis (previously, did not require the health care provider to be so authorized). Reinstates current law deleted in the previous edition, which allows the health assessment to include dental screening and developmental screening for cognition, language, and motor function.

    Amends GS 130A-441 concerning the reporting of health assessment results, making conforming changes. Also provides that authorized employees of the Department of Health and Human Services who require access to health assessment transmittal forms to perform their assigned duties can only have access to de-identified health assessment information from the forms by submitting a request to the local board of education (previously, authorized representatives of the Department of Health and Human Services to have open inspection of the forms). 

    Makes a technical correction to the long title.

     


  • Summary date: Jul 21 2015 - More information

    Senate committee substitute makes the following changes to 3rd edition. 

    Adds a new section requiring the Department of Health and Human Services and the Department of Public Instruction to develop a health assessment transmittal form and requires public schools and health care providers to use only this form. Requires a report to specified legislative committees on the form by December 1, 2015.

    Amends GS 130A-440 to provide that a child cannot be suspended for absences accrued for failure to present the required health assessment transmittal form after the termination of 30 calendar days (was, 60 calendar days) and requires a child's official school record to note when the health assessment transmittal form was received. Makes conforming changes.

    Deletes certain language allowing the health assessment to include dental screening and developmental screening for cognition, language, and motor function. 

    Includes greater detail on the contents of the health assessment transmittal form used by the health care provider, parent, guardian, or person standing in loco parentis (and defines those parties) to submit health assessment results to the school principal. The transmittal form should include a statement that the form will be maintained on file in the school, the name of the school, basic demographic information about the student, a parent information section with space for the parent to share concerns about the student's health, student health information, instructions to attach the student's immunization record and certain other school health forms, and certain certifying information to be completed by the health care provider. 

    Specifies that a student's official school record should reflect only whether the health assessment transmittal form was received (was, should permanently maintain the student's health assessment transmittal form). 

    Redefines the category of persons entitled to access the health assessment transmittal form to include authorized North Carolina public school administrators, teachers, and other school personnel, as well as authorized employees of the Department of Health and Human Services, who require access to perform their assigned duties (was, authorized representatives of the Department of Health and Human Services and the Department of Public Instruction). 

    Returns the time within which principals must submit health assessment status reports to 60 calendar days (was, 90 calendar days) after the commencement of a new school year. 

    Makes certain clarifying changes.

    Deletes proposed changes to GS 115C-402(b), which required the official record to include a health assessment transmittal form.

    Amends the long title.  


  • Summary date: Mar 24 2015 - More information

    House amendment #3 makes the following changes to Amendment #1.

    Amends GS 130A-440 to provide that a child cannot be suspended for absences accrued for failure to present the required health assessment transmittal form after the termination of 60 calendar days (was, 30 calendar days).

     


  • Summary date: Mar 18 2015 - More information

    House amendment #1 makes the following changes to the 2nd edition.

    Changes the long title.

    Amends GS 130A-440 to provide that a child cannot be suspended for absences accrued for failure to present the required health assessment transmittal form after the termination of 30 calendar days. Also provides that the child will be allowed to make up any work missed pursuant to GS 115C-390.2(1).

    Amends GS 130A-441 to provide that the health assessment transmittal forms are only open to inspection by the Department of Health and Human Services, the Department of Public Instruction, or their authorized representatives. Further requires the persons inspecting the forms to maintain the confidentiality of the forms.

    Enacts new GS 115C-390.2(l), which requires boards of education policies to state that absences under GS 130A-440 concerning health assessments are not considered as suspensions. Requires students subject to such absences to be provided (1) the opportunity to take textbooks home for the duration of the absence; (2) the right to receive all missed assignments and, as much as practicable, the materials distributed to students in connection with assignments; and (3) the opportunity to take any quarterly, semester, or grading period examinations missed during the absence period. 

    House amendment #2 makes the following changes to the 2nd edition.

    Amends GS 130A-440 to require the health assessment to be submitted in 60 (was, 30) days and provides that if a health assessment form has not been submitted, after proper notice of deficiency, after the termination of 60 calendar days (was, 30 days), then the principal cannot allow the child to attend school.

    Amends GS 130A-441, concerning reporting requirements for health assessment results, requiring the principal to submit health assessment status reports within 90 days (was, 60 days) after the commencement of a new school year. 


  • Summary date: Mar 17 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes a conforming change to the title of Article 18 of Chapter 130A of the General Statutes, rewriting it as "Health Assessments for Children in the Public Schools," (was, specified kindergarten children).

    Amends GS 130A-440 to require the health assessment to be made not more than 12 months prior to the date the child would have first been eligible for initial entry into public schools.

    Makes conforming changes to GS 130A-441 to comply with the new requirement that the health assessment transmittal forms be permanently maintained in the student's official record.


  • Summary date: Jan 28 2015 - More information

    Amends GS 130A-440 to require every parent, guardian, or person in loco parentis (acting in place of the parent) presenting a child for admission into kindergarten or a higher grade for the first time in the public schools to submit proof that the child has received a health assessment. Requires that a child receive the health assessment no more than 12 months before the initial date of entering school (was, required a health assessment for each child entering kindergarten). Provides that a child is not eligible for initial entry into kindergarten or a higher grade in the public schools unless a health assessment transmittal form, developed under GS 130A-441, is presented to the school principal. Clarifies that the 30-day countdown for submitting the health assessment transmittal form to the principal begins with the child's first day of attendance. Requires the health assessment transmittal form to be permanently maintained in the child's official school record.

    Makes a conforming change to GS 115C-402(b) asserting that a health assessment transmittal form as required by GS 130A-440, as amended in this act, be included in a student's official record.

    Effective whenthe actbecomes law and applies to children who enroll in the public schools for the first time beginning with the 2015-16 school year.


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