73R8585 ESH-D By McDonald, et al. H.B. No. 777 Substitute the following for H.B. No. 777: By Linebarger C.S.H.B. No. 777 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision of health services in public schools. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 21, Education Code, is 1-5 amended by adding Section 21.938 to read as follows: 1-6 Sec. 21.938. PROVISION OF HEALTH SERVICES. (a) The Central 1-7 Education Agency, with the advice of the Texas Department of Health 1-8 and the advisory committee appointed under Subsection (b) of this 1-9 section, shall adopt advisory guidelines for the provision of 1-10 health services to students by a school district. The advisory 1-11 guidelines must address: 1-12 (1) legal considerations involved in the provision of 1-13 health services, including compliance with statutes and rules 1-14 governing the practice of medicine, professional nursing, and 1-15 pharmacy, and applicable public health statutes and rules; 1-16 (2) staffing and personnel requirements; 1-17 (3) the types of students, including those with 1-18 disabilities, to whom health services may be provided and how 1-19 special needs of students may be met; 1-20 (4) coordination of school health services with other 1-21 student services and related instructional programs; 1-22 (5) coordination of school health services with health 1-23 resources in the community; 2-1 (6) performance criteria for evaluating the adequacy 2-2 of school health programs; and 2-3 (7) other issues the agency determines appropriate. 2-4 (b) The commissioner of education and the commissioner of 2-5 health shall appoint an advisory committee to assist in developing 2-6 the advisory guidelines. The committee must include 2-7 representatives of organizations that represent nursing, school 2-8 districts, school administrators, classroom teachers, parents of 2-9 students, child advocacy interests, and public health interests. A 2-10 member of the advisory committee may not receive compensation for 2-11 serving on the committee and is not entitled to reimbursement for 2-12 expenses while serving on the committee. 2-13 (c) The commissioner of education shall conduct an annual 2-14 survey of school districts regarding the extent to which districts 2-15 are providing school health services in accordance with the 2-16 advisory guidelines. 2-17 (d) In this section, "advisory guidelines" means standards, 2-18 practices, or procedures that are recommended for use by school 2-19 districts. 2-20 SECTION 2. Not later than March 1, 1994, the Central 2-21 Education Agency shall finally adopt school health services 2-22 advisory guidelines as provided by Section 21.938, Education Code, 2-23 as added by this Act. Not later than October 1, 1994, the 2-24 commissioner of education shall survey school districts to 2-25 determine the extent to which districts are providing school health 3-1 services in accordance with the advisory guidelines as provided by 3-2 Section 21.938, Education Code, as added by this Act. The 3-3 commissioner of education shall report to the 74th Legislature in 3-4 January 1995 on the advisory guidelines adopted under Section 3-5 21.938, Education Code, as added by this Act, the results of the 3-6 commissioner's survey, and recommendations for legislation relating 3-7 to school health services. 3-8 SECTION 3. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended.