Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 114 Second Substitute (2022GS)

Sponsor

Rep. Harrison, S.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides a definition of a school nurse;
• amends provisions of the public education code to unify meaning;
• requires local education agencies to provide a minimum level of nursing services; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL NURSING SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Suzanne Harrison
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to school nursing services.
Highlighted Provisions:
This bill:
▸ provides a definition of a school nurse;
▸ amends provisions of the public education code to unify meaning;
▸ requires local education agencies to provide a minimum level of nursing services;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-102
, as last amended by Laws of Utah 2020, Chapter 408
53G-7-219
, as enacted by Laws of Utah 2020, Chapter 307
53G-9-204
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-9-403
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-102
 is amended to read:
53E-1-102.
Public education code definitions.
Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
Funding, and Title 53G, Public Education System -- Local Administration:
(1) "Charter agreement" means an agreement made in accordance with Section
53G-5-303
 that authorizes the operation of a charter school.
(2) "Charter school governing board" means the board that governs a charter school.
(3) "District school" means a public school under the control of a local school board.
(4) "Individualized education program" or "IEP" means a written statement for a
student with a disability that is developed, reviewed, and revised in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(5) "LEA governing board" means:
(a) for a school district, the local school board;
(b) for a charter school, the charter school governing board; or
(c) for the Utah Schools for the Deaf and the Blind, the state board.
(6) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
Election of Members of Local Boards of Education.
(8) "Minimum School Program" means the same as that term is defined in Section
53F-2-102
.
(9) "Parent" means a parent or legal guardian.
(10) "Public education code" means:
(a) this title;
(b) Title 53F, Public Education System -- Funding; and
(c) Title 53G, Public Education System -- Local Administration.
(11) "Section 504 accommodation plan" means a plan developed in accordance with
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student with a
disability, to meet the student's educational needs and ensure equitable access to a free
appropriate public education.
(12) "School nurse" means a registered nurse:
(a) who holds:
(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
(ii) a multistate license as that term is defined in Section 
58-31e-102
; and
(b) whose primary role is the care of a defined group of students enrolled in the public
school system.
[
(12)
] 
(13)
 "State board" means the State Board of Education.
[
(13)
] 
(14)
 "State superintendent" means the state superintendent of public instruction
appointed under Section 
53E-3-301
.
Section 2. Section 
53G-7-219
 is amended to read:
53G-7-219.
Medical specialists in public schools.
(1) As used in this section:
(a) "Qualified individual" means an individual who:
(i) is employed by an LEA; and
(ii) provides related services in a school-based setting.
(b) "Qualified individual" includes:
(i) an audiologist;
(ii) a speech-language pathologist;
(iii) a mental health practitioner;
(iv) a 
school
 nurse;
(v) an occupational therapist; and
(vi) a physical therapist.
(c) "Related services" means the same as that term is defined in 34 C.F.R. 300.34.
(2) An LEA may adopt a salary schedule, or salary schedules, for qualified individuals,
that:
(a) is separate from salary schedules adopted for other LEA employees; and
(b) takes into consideration the market rate for related services provided outside of a
school-based setting.
Section 3. Section 
53G-9-204
 is amended to read:
53G-9-204.
Nursing services in the public schools -- Collaborative efforts.
(1) (a) Students in the state's public schools [
may be
] 
are
 better protected against risks
to health and safety [
if
] 
when
 schools [
were to
] have [
registered
] 
school
 nurses readily
available to assist in providing educational and nursing services in the public schools.
(b) [
Those
] 
Educational and nursing
 services would be further enhanced if [
they could
be
] offered with the active support and participation of local public health departments and
private medical providers, most particularly in those areas of the state without currently
functioning collaborative programs.
(c) (i) [
School districts
] 
LEAs
, local health departments, private medical providers, and
parents of students [
are therefore encouraged to
] 
shall
 work together in determining needs and
risks to student health in the state's public schools and in developing and implementing plans to
meet those needs and minimize risks to students.
(ii) School community councils or school directors of affected schools shall review the
plans [
prior to their
] 
before the
 implementation 
of the plans
.
(2) [
School districts
] 
LEAs
 are encouraged to provide nursing services equivalent to
:
(a)
 the services of one [
registered
] 
school
 nurse for every [
5,000
] 
2,000
 students
;
 or[
,
]
(b)
 in [
districts
] 
LEAs
 with fewer than [
5,000
] 
2,000
 students, the level of services
recommended by the Department of Health.
Section 4. Section 
53G-9-403
 is amended to read:
53G-9-403.
Personnel to perform health examination.
A local school board may use teachers or [
licensed registered
] 
school
 nurses to conduct
examinations required under this part and licensed physicians as needed for medical
consultation related to those examinations.