By: Madla S.B. No. 345
(In the Senate - Filed February 12, 1993; February 15, 1993,
read first time and referred to Committee on Education;
May 12, 1993, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 12, 1993,
sent to printer.)
COMMITTEE VOTE
Yea Nay PNV Absent
Ratliff x
Haley x
Barrientos x
Bivins x
Harris of Tarrant x
Luna x
Montford x
Shapiro x
Sibley x
Turner x
Zaffirini x
COMMITTEE SUBSTITUTE FOR S.B. No. 345 By: Haley
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;
1-24 (6) performance criteria for evaluating the adequacy
1-25 of school health programs; and
1-26 (7) other issues the agency determines appropriate.
1-27 (b) The commissioner of education and the commissioner of
1-28 health shall appoint an advisory committee to assist in developing
1-29 the advisory guidelines. The committee must include
1-30 representatives of organizations that represent nursing interests,
1-31 school districts, school administrators, classroom teachers,
1-32 parents of students, child advocacy interests, and public health
1-33 interests. A member of the advisory committee may not receive
1-34 compensation for serving on the committee and is not entitled to
1-35 reimbursement for expenses while serving on the committee.
1-36 (c) The commissioner of education shall conduct an annual
1-37 survey of school districts regarding the extent to which districts
1-38 are providing school health services in accordance with the
1-39 advisory guidelines.
1-40 (d) In this section, "advisory guidelines" means standards,
1-41 practices, or procedures that are recommended for use by school
1-42 districts.
1-43 SECTION 2. Not later than March 1, 1994, the Central
1-44 Education Agency shall finally adopt school health services
1-45 advisory guidelines as provided by Section 21.938, Education Code,
1-46 as added by this Act. Not later than October 1, 1994, the
1-47 commissioner of education shall survey school districts to
1-48 determine the extent to which districts are providing school health
1-49 services in accordance with the advisory guidelines as provided by
1-50 Section 21.938, Education Code, as added by this Act. The
1-51 commissioner of education shall report to the 74th Legislature in
1-52 January, 1995, on the advisory guidelines adopted under Section
1-53 21.938, Education Code, as added by this Act, the results of the
1-54 commissioner's survey, and recommendations for legislation relating
1-55 to school health services.
1-56 SECTION 3. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *
1-62 Austin,
1-63 Texas
1-64 May 12, 1993
1-65 Hon. Bob Bullock
1-66 President of the Senate
1-67 Sir:
1-68 We, your Committee on Education to which was referred S.B. No. 345,
2-1 have had the same under consideration, and I am instructed to
2-2 report it back to the Senate with the recommendation that it do not
2-3 pass, but that the Committee Substitute adopted in lieu thereof do
2-4 pass and be printed.
2-5 Ratliff,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: Charles T. Harms x
2-12 Representing: Northside ISD
2-13 City: San Antonio
2-14 -------------------------------------------------------------------
2-15 Name: Shirley Schrriber x
2-16 Representing: Texas Assoc. of School Nurses
2-17 City: San Antonio
2-18 -------------------------------------------------------------------
2-19 Name: Sandy Kibby x
2-20 Representing: Texas PTA
2-21 City: Austin
2-22 -------------------------------------------------------------------
2-23 Name: James Willmann x
2-24 Representing: Texas Nurses Assoc.
2-25 City: Austin
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