Bill Summary for S 411 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Jun 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 411 (Public) Filed Wednesday, March 29, 2023
Intro. by P. Newton, Daniel, Hise.

View: All Summaries for BillTracking:

Bill summary

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

Moves existing content from the previous edition into new Part II and adds the following.

Part I.

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 ban 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.

Part III.

Amends GS 115C-111.2 (allowing public, local educational agencies to contract with private service providers for disability related services) to provide that the agencies may contract with private special education facilities or service providers to furnish the specified services (was, furnish any of the specified services that the public providers are unable to furnish). Enacts new GS 115C-111.2(b) as follows. Defines nursing services. Specifies that the following conditions 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. Applies beginning with the 2023-24 school year.

Part IV.

Amends GS 115C-315 by removing the provision stating that school nurses employed in public schools before July 1, 1998, are not required to be nationally certified to continue employment. Instead, allows any person licensed as a registered nurse who has at least two years of licensed experience in a hospital or health clinic to be employed as a school nurse and specifies that they are not required to possess or promise to obtain any other certification or license as a condition of employment.

Amends the act's titles.