HOUSE COM SUB (2 LINES)
H. B. 3107
(By Delegates Williams, Sumner, Stephens, Stevens, Eldridge,
Spencer, Canterbury, Wysong, Paxton, Lane, Tansill)
(Originating in the Committee on Finance)
[March 24, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-2K-1, §18-2K-2,
§18-2K-3, §18-2K-4 and §18-2K-5; and to further amend said
code by adding thereto a new section, designated §18-9A-10a,
all relating to improving health care in the public schools;
requiring the State Board of Education to adopt and
disseminate guidelines for the development and implementation
of individual diabetes care plans; requiring local boards of
education to implement these guidelines; providing an
allowance for student health services; making findings and
stating intent of section; excepting allowance from state aid
personnel ratios; and specifying amount, eligibility
determination and recipient counties.
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 article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5; and that said code be further
amended by adding thereto a new section, designated §18-9A-10a, all
to read as follows:
ARTICLE 2K. THE DIABETES CARE PLAN ACT.
§18-2K-1. Title of article.
This article shall be known as "The Diabetes Care Plan Act."
§18-2K-2. Adoption of guidelines for individual diabetes care
(a) The State Board shall adopt guidelines for the development
and implementation of individual diabetes care plans. The State
Board shall consult with the Bureau for Public Health and the
Department of Health and Human Resources in the development of
these guidelines. The State Board also shall consult with county
board of education employees who have been designated as
responsible for coordinating their individual county'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
The guidelines adopted by the State Board shall include:
(1) Procedures for development by a school nurse, in
collaboration with the student's health care provider, the student
when appropriate, a parent or guardian, the student's classroom
teacher, in some instances an individualized education program team
and other appropriate school personnel, an individual diabetes care
(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, an 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 child diabetes.
(5) A county board may not transfer a diabetic child from one
school within the county to another school within the county to
comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794.
(b) 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 county boards.
§18-2K-3. Implementation of guidelines to support and assist
students with diabetes.
County boards shall ensure that the guidelines adopted by the
State Board under section two of this article 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.
§18-2K-4. Reporting date.
The State Board shall report no later than the first day of
September, two thousand seven, to the Legislative Oversight
Commission on Education Accountability on the Board's progress
regarding the adoption, dissemination and implementation of the
guidelines under sections one and two of this article.
The guidelines under section two of this article shall be
adopted no later than the fifteenth day of January, two thousand seven, and shall be implemented under section three of this article
beginning with the two thousand seven - two thousand eight school
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10a. Allowance for student health services.
(a) The Legislature finds that the need for heath services has
grown over the years in the public schools, particularly with
respect to serving special needs students and regulations on the
administration of medications, and the existing statutorily
required ratio of one nurse for each one thousand five hundred
students in net enrollment in grades kindergarten through seven is
no longer adequate. The Legislature further finds that limits on
state funded professional personnel, required ratios for
instructional personnel and declining student population and
population density require county boards to make increasingly
difficult decisions with respect to the instructional personnel
employed in the classroom and those that provide health and other
services to students. Therefore, the intent of this section is to
augment the funding of instructional personnel and to assure
improved health services for students by partially funding nurse
positions for certain counties as an intermediate step toward
improving instructional personnel staffing. The Legislature
intends to further examine the state basic foundation program in
context with the changing educational environment and address the
staffing and other needs of the public schools as may be indicated
through that examination.
(b) Commencing with the school year beginning on the first day
of July, two thousand five, notwithstanding any other provision of
this code to the contrary and not subject to nor counted toward the
respective ratios of professional and instructional personnel per
students in adjusted and net enrollment set forth in sections four
and five-a of this article, each of the following counties shall
receive funding at the state average contracted salary for nurses
plus fixed charges, retirement and the public employee insurance
employer premium for nurse positions as follows:
(1) To employ one additional nurse: Cabell, Calhoun, Clay,
Fayette, Greenbrier, Hardy, Lincoln, Mason, Mingo, Morgan,
McDowell, Pocahontas, Putnam, Roane, Tyler and Wetzel.
(2) To employ two additional nurses: Harrison, Marion, Mercer,
Raleigh, Wayne and Wyoming; and
(3) To fund one existing nurse position to avoid the loss of
this or another instructional position due to a budget deficit:
Preston and Taylor.
(c)The additional nurse positions set forth in subsection
(b) were determined by applying a ratio of one nurse per each one
thousand five hundred students in net enrollment, or major fraction
thereof, in grades pre-kindergarten through twelve, less existing
nurses employed, to extent funds were available.