HF 1124

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 01:36pm

A bill for an act
relating to education; modifying school health services to allow for the use of
private clinical nursing services; modifying the use of a functional behavioral
assessment; allowing certain students to participate in alternative delivery of
specialized instructional services programs; amending Minnesota Statutes 2020,
section 121A.21.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 121A.21, is amended to read:

121A.21 SCHOOL HEALTH SERVICES.

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

(a) Every school board must provide services to promote
the health of its pupils.

(b) The board of a district with 1,000 pupils or more in average daily membership in
early childhood family education, preschool disabled, elementary, and secondary programs
must comply with the requirements of this paragraph. It may use one or a combination of
the following methods:

(1) employ personnel, including at least one full-time equivalent licensed school nurse;

(2) contract with a public or private health organization or another public agency for
personnel during the regular school year, determined appropriate by the board, who are
currently licensed under chapter 148 and who are certified public health nurses; or

(3) enter into another arrangement approved by the commissioner.

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Clinical nursing provider" means an agency or nurse that renders clinical nursing
services and is approved to provide private duty nursing under the Medicaid program or
private insurance and by the state Board of Nursing.
new text end

new text begin (c) "Clinical nursing services" means specific health care services, based on a medically
fragile pupil's individualized education plan and a physician's or advanced practice nurse's
orders, as provided by a registered nurse or licensed practical nurse with specialized pediatric
training who attends to the pupil.
new text end

new text begin (d) "Pupil who is medically fragile" means a school-aged child who has a life-threatening
medical condition, and as a result of such condition, requires individualized and continuous
clinical nursing services.
new text end

new text begin Subd. 3. new text end

new text begin Clinical nursing services at school. new text end

new text begin (a) A pupil who is medically fragile who
requires clinical nursing services at home must receive the same level of clinical nursing
services care while attending school or during transportation to and from school. Maintaining
a continuity of care for students who are medically fragile is necessary for those pupils'
safety, creates a safer environment at school and during transportation, and fosters learning
and inclusion.
new text end

new text begin (b) If a pupil who is medically fragile requires clinical nursing services care at school
or during transportation to and from school, the school and the parent or legal guardian must
meet to discuss options for arranging for clinical nursing services during school. Options
may include but are not limited to:
new text end

new text begin (1) the pupil's clinical nursing provider in the home provides clinical nursing services
to the pupil at school and during transportation to and from school and such services are
paid for by the pupil's home care services or other insurance;
new text end

new text begin (2) the school contracts with the pupil's existing clinical nursing provider to provide
clinical nursing services to the pupil at school and during transportation to and from school;
and
new text end

new text begin (3) the school arranges for clinical nursing services for the pupil at school and during
transportation to and from school, either by school staff or a contract with another clinical
nursing services provider.
new text end

new text begin (c) When considering options for arranging for clinical nursing services, the school and
the parents or legal guardians shall take into account the following factors:
new text end

new text begin (1) the ability of a clinical nursing provider to provide the specific clinical nursing
services the pupil requires;
new text end

new text begin (2) the familiarity of the clinical nursing provider with the pupil's specific clinical nursing
services needs and any training that may be required; and
new text end

new text begin (3) the impact of the selection of a clinical nursing provider on the availability of clinical
nursing services to the pupil at home.
new text end

new text begin The meeting and decision between the school and parents or legal guardians may take place
during individualized education plan team meetings under the Individuals with Disabilities
in Education Act or meetings required by Section 504 of the Rehabilitation Act, if applicable,
and, if applicable, the dispute resolution processes available under either act are available
to the school and to the parents or legal guardian.
new text end

new text begin (d) For the purposes of this subdivision:
new text end

new text begin (1) an eligible provider must have a license issued by the Board of Nursing under chapter
148 and have complied with federal law and all school district policies, including a policy
requiring a background check. If the district requires a background check, the student's
parent must provide the results of a background check conducted within the previous three
years or provide the district with payment for the cost of a background check under section
123B.03;
new text end

new text begin (2) the school district and nurse or clinical nursing service provider may enter into
agreements as necessary to establish mutual expectations of the nurse or provider's conduct
in the school environment, including confidentiality agreements, liability coverage, and the
nurse or provider's authority within the school environment;
new text end

new text begin (3) the school district bears no liability for the actions of nurses under this paragraph on
school premises; and
new text end

new text begin (4) if the clinical nursing provider or nurse is not employed by the school district for the
purposes of providing clinical nursing services to the pupil who is medically fragile, the
clinical nursing provider shall report to and be supervised by their clinical nursing provider
employer for the purposes of providing clinical nursing services to the pupil who is medically
fragile.
new text end