1997 Regular Session
To: Education; Appropriations
By: Representative Moak
House Bill 224
AN ACT TO AMEND SECTION 37-11-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP A PROGRAM FOR SCREENING PUBLIC SCHOOL STUDENTS FOR SCOLIOSIS; TO AMEND SECTION 41-79-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SCOLIOSIS SCREENING OFFERED THROUGH A SCHOOL NURSE INTERVENTION PROGRAM SHALL BE IN ACCORDANCE WITH THE PROGRAM DEVELOPED BY THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-11-17, Mississippi Code of 1972, is amended as follows:
37-11-17. (1) The State Board of Education, the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges, the boards of trustees of the several junior colleges, the county boards of education, the governing authorities of any county, municipal or other public school districts, such other boards set up by law for any educational institution, school, college or university, or their authorized representative, or the State Health Officer or his authorized representative, may require any teacher, supervisor, janitor or other employee of the school to submit to a thorough physical examination, deemed advisable to determine whether he has any infectious or communicable disease.
(2) The State Board of Education shall develop a screening program to accomplish the identification of public school students with abnormal spinal curvature. No minimum education program funds shall be expended for the purposes of implementing this subsection, unless the screening program is implemented as part of a school nurse program established in Section 41-79-5. Such program shall:
(a) Provide that an adequate number of school personnel in each district be instructed by qualified medical experts in the proper examination of students for abnormal spinal curvatures;
(b) Provide that all public school students who are at least ten (10) years old be screened at least every two (2) years, such as in the fourth, sixth, eighth and tenth grades or at such other times as may be recommended by medical experts on a per case basis;
(c) Provide that students identified as having abnormal spinal curvatures or potential for abnormal spinal curvatures be referred to the county health officer or to the student's personal physician or chiropractor with notice of the evaluation; and
(d) Provide for notification of the parent or guardian of any student identified under this program and for the supplying to such parent or guardian information on the condition and resources available for the correction or treatment of such condition. However, the requirement for screening shall not apply to a child whose parent or guardian objects thereto on grounds that the requirement conflicts with his conscientiously held religious beliefs.
SECTION 2. Section 41-79-5, Mississippi Code of 1972, is amended as follows:
41-79-5. (1) There is hereby established within the State Department of Health a school nurse intervention program, available to all public school districts in the state.
(2) By the school year 1998-1999, each public school district shall have employed a school nurse, to be known as a Health Service Coordinator, pursuant to the school nurse intervention program prescribed under this section. The school nurse intervention program shall offer * * * the following specific preventive services, and other additional services appropriate to each grade level and the age and maturity of the pupils:
(a) Reproductive health education and referral to
prevent teen pregnancy and sexually transmitted diseases, which education shall include abstinence;
(b) Child abuse and neglect identification;
(c) Hearing and vision screening to detect problems which can lead to serious sensory losses and behavioral and academic problems;
(d) Alcohol, tobacco and drug abuse education to reduce abuse of these substances;
(e) Scoliosis screening, as provided for in Section 37-11-17(2), to detect this condition so that costly and painful surgery and lifelong disability can be prevented;
(f) Coordination of services for handicapped children to ensure that these children receive appropriate medical assistance and are able to remain in public school;
(g) Nutrition education and counseling to prevent obesity and/or other eating disorders which may lead to life-threatening conditions, for example, hypertension;
(h) Early detection and treatment of head lice to prevent the spread of the parasite and to reduce absenteeism;
(i) Emergency treatment of injury and illness to include controlling bleeding, managing fractures, bruises or contusions and cardiopulmonary resuscitation (CPR);
(j) Applying appropriate theory as the basis for decision making in nursing practice;
(k) Establishing and maintaining a comprehensive school health program;
(l) Developing individualized health plans;
(m) Assessing, planning, implementing and evaluating programs and other school health activities, in collaboration with other professionals;
(n) Providing health education to assist students, families and groups to achieve optimal levels of wellness;
(o) Participating in peer review and other means of evaluation to assure quality of nursing care provided for students and assuming responsibility for continuing education and professional development for self while contributing to the professional growth of others;
(p) Participating with other key members of the community responsible for assessing, planning, implementing and evaluating school health services and community services that include the broad continuum or promotion of primary, secondary and tertiary prevention; and
(q) Contributing to nursing and school health through innovations in theory and practice and participation in research.
(3) Public school nurses shall be specifically prohibited from providing abortion counseling to any student or referring any student to abortion counseling or abortion clinics. Any violation of this subsection shall disqualify the school district employing such public school nurse from receiving any state administered funds under this section.
(4) Each local school district of this state may apply for a school nurse intervention program. State administered funds shall only be available on a 50-50 matching basis, and subject to appropriation by the Legislature, with the local school district providing its local contribution from nonminimum program funds. However, school districts with an ad valorem assessed value per student of less than Seventeen Thousand Dollars ($17,000.00), according to the most recent ad valorem assessed valuation, shall not be required to make a local contribution to the cost of the program. In order to be eligible for such program, each district desiring to participate shall apply to the State Department of Health by May 31 before the beginning of the applicable fiscal year. Such applications shall be on forms provided by the State Department of Health. The local school governing board and the county health department shall mutually determine their school nurse intervention program within the previously determined state guidelines. The State Department of Health shall determine by July 1 of each succeeding year which local school districts have
submitted approved applications for school nurse intervention
programs. This subsection (4) shall stand repealed from and after July 1, 1999.
(5) Beginning with the 1998-1999 school year and pursuant to appropriation therefor by the Legislature, in addition to other funds allotted under the minimum education program, each school district shall be allotted an additional teacher unit per every one hundred (100) teacher units, for the purpose of employing qualified public school nurses in such school district, which in no event shall be less than one (1) teacher unit per school district, for such purpose. In the event the Legislature provides less funds than the total state funds needed for the public school nurse allotment, those school districts with fewer teacher units shall be the first funded for such purpose, to the extent of funds available.
(6) Prior to the 1998-1999 school year, nursing staff assigned to the program shall be employed through the local county health department and shall be subject to the supervision of the State Department of Health with input from local school officials. Local county health departments may contract with any comprehensive private primary health care facilities within their county to employ and utilize additional nursing staff. Beginning with the 1998-1999 school year, nursing staff assigned to the program shall be employed by the local school district and shall be designated as "health service coordinators," and shall be required to possess a bachelor's degree in nursing as a minimum qualification.
(7) Upon each student's enrollment, the parent or guardian
shall be provided with information regarding the scope of the
school nurse intervention program. The parent or guardian may
provide the school administration with a written statement
refusing all or any part of the nursing service. No child shall
be required to undergo hearing and vision or scoliosis screening
or any other physical examination or tests whose parent objects
thereto on the grounds such screening, physical examination or
tests are contrary to his sincerely held religious beliefs.
(8) A consent form for reproductive health education shall
be sent to the parent or guardian of each student upon his
enrollment. If a response from the parent or guardian is not
received within seven (7) days after the consent form is sent,
the school shall send a letter to the student's home notifying
the parent or guardian of the consent form. If the parent or
guardian fails to respond to the letter within ten (10) days
after it is sent, then the school principal shall be authorized
to allow the student to receive reproductive health education.
Reproductive health education shall include the teaching of total
abstinence from premarital sex and, wherever practicable,
reproductive health education should be taught in classes divided
according to gender. All materials used in the reproductive
health education program shall be placed in a convenient and
easily accessible location for parental inspection. School
nurses shall not dispense birth control pills or contraceptive
devices in the school. Dispensing of such shall be the
responsibility of the State Department of Health on a referral
(9) No provision of this section shall be construed as
prohibiting local school districts from accepting financial
assistance of any type from the State of Mississippi or any other
governmental entity, or any contribution, donation, gift, decree
or bequest from any source which may be utilized for the
maintenance or implementation of a school nurse intervention
program in a public school system of this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.