H. B. 2548
(By Delegates Tucker, Perdue, Leach, Long, Marshall,
Trump and Canterbury)
[Introduced
January 11, 2006
; referred to the
Committee on Health and Human Resources then Education.]
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, all relating to requiring the
State Board of Education to adopt and disseminate guidelines
for the development and implementation of individual diabetes
care plans and to require local boards of education to
implement these 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 article, designated §18-2K-1, §18-2K-2,
§18-2K-3, §18-2K-4 and §18-2K-5, 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 plans.
(a) The State Board of Education shall adopt guidelines for
the development and implementation of individual diabetes care
plans. The State Board of Education 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 of
Education 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 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, 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. Each elementary school where a
diabetic child is enrolled shall have a school nurse on staff. A
county board of education may not transfer a student from a school
without a school nurse to a school with a school nurse in order to
comply with the school nurse requirement. The State Board of
Education 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.
(b) The State Board of Education 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 of education.
§18-2K-3.
Implementation of guidelines to support and assist
students with diabetes.
County boards of education shall ensure that the guidelines
adopted by the State Board of Education 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. Local 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 of Education shall report no later than the
first day of September, two thousand seven, to the Legislature on
the Board's progress regarding the adoption, dissemination and
implementation of the guidelines under sections one and two of this
article.
§18-2K-5. Implementation.
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 year.
NOTE: The purpose of this bill is to require the State Board
of Education to adopt and disseminate guidelines for the
development and implementation of individual diabetes care plans
and to require local boards of education to implement these
guidelines.
Article 2K is new; therefore, strike-throughs and underscoring
have been omitted.