Chief Sponsor: Suzanne Harrison

Senate Sponsor: Ann Millner


8     General Description:
9          This bill amends provisions related to school nursing services.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides a definition of a school nurse;
13          ▸     amends provisions of the public education code to unify meaning;
14          ▸     requires local education agencies to provide a minimum level of nursing services;
15     and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53E-1-102, as last amended by Laws of Utah 2020, Chapter 408
24          53G-7-219, as enacted by Laws of Utah 2020, Chapter 307
25          53G-9-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
26          53G-9-403, as renumbered and amended by Laws of Utah 2018, Chapter 3

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53E-1-102 is amended to read:

30          53E-1-102. Public education code definitions.
31          Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
32     Funding, and Title 53G, Public Education System -- Local Administration:
33          (1) "Charter agreement" means an agreement made in accordance with Section
34     53G-5-303 that authorizes the operation of a charter school.
35          (2) "Charter school governing board" means the board that governs a charter school.
36          (3) "District school" means a public school under the control of a local school board.
37          (4) "Individualized education program" or "IEP" means a written statement for a
38     student with a disability that is developed, reviewed, and revised in accordance with the
39     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
40          (5) "LEA governing board" means:
41          (a) for a school district, the local school board;
42          (b) for a charter school, the charter school governing board; or
43          (c) for the Utah Schools for the Deaf and the Blind, the state board.
44          (6) "Local education agency" or "LEA" means:
45          (a) a school district;
46          (b) a charter school; or
47          (c) the Utah Schools for the Deaf and the Blind.
48          (7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
49     Election of Members of Local Boards of Education.
50          (8) "Minimum School Program" means the same as that term is defined in Section
51     53F-2-102.
52          (9) "Parent" means a parent or legal guardian.
53          (10) "Public education code" means:
54          (a) this title;
55          (b) Title 53F, Public Education System -- Funding; and
56          (c) Title 53G, Public Education System -- Local Administration.
57          (11) "Section 504 accommodation plan" means a plan developed in accordance with

58     Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student with a
59     disability, to meet the student's educational needs and ensure equitable access to a free
60     appropriate public education.
61          (12) "School nurse" means a registered nurse:
62          (a) who holds:
63          (i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
64          (ii) a multistate license as that term is defined in Section 58-31e-102; and
65          (b) whose primary role is the care of a defined group of students enrolled in the public
66     school system.
67          [(12)] (13) "State board" means the State Board of Education.
68          [(13)] (14) "State superintendent" means the state superintendent of public instruction
69     appointed under Section 53E-3-301.
70          Section 2. Section 53G-7-219 is amended to read:
71          53G-7-219. Medical specialists in public schools.
72          (1) As used in this section:
73          (a) "Qualified individual" means an individual who:
74          (i) is employed by an LEA; and
75          (ii) provides related services in a school-based setting.
76          (b) "Qualified individual" includes:
77          (i) an audiologist;
78          (ii) a speech-language pathologist;
79          (iii) a mental health practitioner;
80          (iv) a school nurse;
81          (v) an occupational therapist; and
82          (vi) a physical therapist.
83          (c) "Related services" means the same as that term is defined in 34 C.F.R. 300.34.
84          (2) An LEA may adopt a salary schedule, or salary schedules, for qualified individuals,
85     that:

86          (a) is separate from salary schedules adopted for other LEA employees; and
87          (b) takes into consideration the market rate for related services provided outside of a
88     school-based setting.
89          Section 3. Section 53G-9-204 is amended to read:
90          53G-9-204. Nursing services in the public schools -- Collaborative efforts.
91          (1) (a) Students in the state's public schools [may be] are better protected against risks
92     to health and safety [if] when schools [were to] have [registered] school nurses readily
93     available to assist in providing educational and nursing services in the public schools.
94          (b) [Those] Educational and nursing services would be further enhanced if [they could
95     be] offered with the active support and participation of local public health departments and
96     private medical providers, most particularly in those areas of the state without currently
97     functioning collaborative programs.
98          (c) (i) [School districts] LEAs, local health departments, private medical providers, and
99     parents of students [are therefore encouraged to] shall work together in determining needs and
100     risks to student health in the state's public schools and in developing and implementing plans to
101     meet those needs and minimize risks to students.
102          (ii) School community councils or school directors of affected schools shall review the
103     plans [prior to their] before the implementation of the plans.
104          (2) [School districts] LEAs are encouraged to provide nursing services equivalent to:
105          (a) the services of one [registered] school nurse for every [5,000] 2,000 students; or[,]
106          (b) in [districts] LEAs with fewer than [5,000] 2,000 students, the level of services
107     recommended by the Department of Health.
108          Section 4. Section 53G-9-403 is amended to read:
109          53G-9-403. Personnel to perform health examination.
110          A local school board may use teachers or [licensed registered] school nurses to conduct
111     examinations required under this part and licensed physicians as needed for medical
112     consultation related to those examinations.