H. B. 2912
(By Delegates Spencer, Perdue and Williams)
[Introduced March 7, 2005; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2-37, relating to
the development and implementation of individual diabetes care
plans; and, requiring county boards of education to implement
the guidelines.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2-37, to read as
follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-37. Guidelines for individual diabetes care plans; requiring
county boards of education to implement the
guidelines.
(a) The State Board shall adopt guidelines for the development
and implementation of individual diabetes care plans. The State Board shall consult with the Department of Health and Human
Resources in the development of these guidelines. The State Board
also shall consult with local school administrative employees who
have been designated as responsible for coordinating their
individual unit's efforts to comply with federal regulations
adopted under Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. §§794. In its development of these guidelines,
the State Board shall refer to the guidelines recommended by the
American Diabetes Association for the management of children with
diabetes in the school and day care setting and shall consider
recent resolutions by the United States Department of Education's
Office of Civil Rights of investigations into complaints alleging
discrimination against students with diabetes.
The guidelines adopted by the State Board shall include:
(1) Procedures for the development of an individual diabetes
care plan at the written request of the student's parent or
guardian, and involving the parent or guardian, the student's
health care provider, the student's classroom teacher, the student
if appropriate, the school nurse if available, and other
appropriate school personnel.
(2) Procedures for regular review of an individual care plan.
(3) Information to be included in a diabetes care plan,
including the responsibilities and appropriate staff development
for teachers and other school personnel, and emergency care plan, the identification of allowable actions to be taken, the extent to
which the student is able to participate in the student's diabetes
care and management, and other information necessary for teachers
and other school personnel in order to offer appropriate assistance
and support to the student. The State Board shall ensure that the
information and allowable actions included in a diabetes care plan
as required in this subdivision meet or exceed the American
Diabetes association's recommendations for the management of
children with diabetes in the school and day care setting.
(4) Information and staff development to be made available to
teachers and other school personnel in order to appropriately
support and assist students with diabetes.
The State Board shall ensure that these guidelines are updated
as necessary and shall ensure that the guidelines and any
subsequent changes are published and disseminated to local school
administrative units.
(b) County boards of education shall ensure that the
guidelines adopted by the State Board of Education under subsection
(a) of this section are implemented in schools in which students
with diabetes are enrolled. In particular, the boards shall
require the implementation of the procedures set forth in those
guidelines for the development and implementation of individual
diabetes care plans. County boards also shall make available
necessary information and staff development to teachers and school personnel in order to appropriately support and assist students
with diabetes in accordance with their individual diabetes care
plans.
(c) The State Board of Education shall report no later than
September 1, 2005, to the Legislature on the Board's progress
regarding the adoption, dissemination, and implementation of the
guidelines under the provisions of this section.
NOTE: The purpose of this bill is to require the State Board
of Education to promulgate rules defining guidelines for
development and implementation of individual diabetes care plans
and to require county boards of education to implement the
guidelines.
This section is new; therefore, strike-throughs and
underscoring have been omitted.