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HF 2037

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2023 04:03pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/17/2023
1st Engrossment Posted on 03/27/2023

Current Version - 1st Engrossment

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A bill for an act
relating to education; providing for school health services; appropriating money;
amending Minnesota Statutes 2022, section 121A.21; proposing coding for new
law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.20] LICENSED SCHOOL NURSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and duties. new text end

new text begin (a) The Department of Education must employ a
school health services specialist to:
new text end

new text begin (1) provide technical assistance to school districts and charter schools for the
education-related health needs of their students;
new text end

new text begin (2) serve as the primary source of information and support for schools in addressing
emergency readiness, public health, and the needs of children and youth with acute and
chronic health conditions and related disorders; and
new text end

new text begin (3) serve as the primary liaison to the Department of Health and other state agencies to
coordinate school-based, health-related services for students.
new text end

new text begin (b) The school health services specialist's duties include:
new text end

new text begin (1) increasing professional awareness and competencies of school nurses and other
specialized instructional support personnel, using the competencies defined in the most
recent edition of the document jointly prepared by the American Nurses Association and
the National Association of School Nurses identified as "School Nursing; Scope and
Standards of Practice" to meet the educational needs of students with acute or chronic health
conditions, or students identified with risk characteristics associated with health and mental
health;
new text end

new text begin (2) developing implementation guidance to assist general education and special education
teachers in (i) recognizing health-related educational needs of children and youth, and (ii)
improving students' attendance and full participation in instruction and other school activities;
new text end

new text begin (3) developing implementation guidance to assist teachers, specialized instructional
support personnel, and school administrators in prevention of and intervention with
health-harming behavior and mental health; and
new text end

new text begin (4) increasing the availability of online and asynchronous professional development
programs and materials for school staff.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "health services specialist" means a
professional registered nurse who:
new text end

new text begin (1) is licensed as a public health nurse in Minnesota;
new text end

new text begin (2) is licensed as a school nurse in Minnesota;
new text end

new text begin (3) has a minimum of three years of experience in school nursing services or as a public
health nurse serving schools;
new text end

new text begin (4) has experience in managing a districtwide health policy, overseeing a budget, and
supervising personnel; and
new text end

new text begin (5) has a graduate degree in nursing, public health, education, or a related field.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for position. new text end

new text begin The Department of Education's school health
services specialist must be highly trained in school nursing, which includes knowledge
about child growth and development; public health; health education; and special education
with a focus on the impact of health on learning, comprehensive assessment of
learning-related health using interventions that are evidence-based, and documentation and
evaluation of child health knowledge, skills, status, and education implications. The specialist
must have knowledge of section 504 plans, health insurance and third-party reimbursement,
health privacy, and emergency preparedness. The specialist must also have skills in
interdisciplinary collaboration, policy development, parent involvement, health teaching
and learning, and staff development.
new text end

Sec. 2.

Minnesota Statutes 2022, section 121A.21, is amended to read:


121A.21 SCHOOL HEALTH SERVICES.

new text begin Subdivision 1. new text end

new text begin School health services defined. new text end

deleted text begin (a) Everydeleted text end new text begin Anew text end school boardnew text begin or charter
school administrator, regardless of enrollment size,
new text end must provide services to promote the
health of its pupils.new text begin For the purposes of this section, "health services" means:
new text end

new text begin (1) activities that address health promotion, disease prevention, health maintenance, and
health equity;
new text end

new text begin (2) individual health care planning for students with chronic conditions to meet their
daily and emergency needs, including medication management, medication administration,
administration of health procedures, and coordination with teachers to reduce classroom
barriers to learning and ensure students are safe at school;
new text end

new text begin (3) recognition of students' emergent and urgent health conditions and providing referrals,
as needed; and
new text end

new text begin (4) providing population health services in combination with local public and private
health providers.
new text end

new text begin Subd. 2. new text end

new text begin Licensed school nurse. new text end

deleted text begin (b) Thedeleted text end new text begin (a) A schoolnew text end board deleted text begin of a district with 1,000
pupils or more in average
deleted text end new text begin or charter school administrator must determinenew text end daily membershipnew text begin
by counting pupils
new text end in early childhood family education, deleted text begin preschool disableddeleted text end new text begin special educationnew text end ,
elementary, and secondary programsnew text begin , including alternative programs, transition programs,
summer school, and extended year programs. A school board or charter school administrator
new text end
must comply with the requirements of this paragraph. It may use one or a combination of
the deleted text begin followingdeleted text end methodsdeleted text begin :deleted text end new text begin in paragraphs (b) through (d), but must adhere to the criteria in this
paragraph.
new text end

deleted text begin (1)deleted text end new text begin (b) A school board or charter school administrator mustnew text end employ personnel, including
at least one full-time equivalent licensed school nursedeleted text begin ;deleted text end new text begin as defined in Minnesota Rules, part
8710.6100, in every building that has a daily membership of 500 or more pupils if:
new text end

new text begin (1) there are fewer than 500 pupils in daily membership in a school building, the district
may employ at least one licensed school nurse for schools that have a combined daily
membership of over 500; and
new text end

new text begin (2) a school district or charter school has fewer than 500 pupils in daily membership,
the district or charter school may work in cooperation with other districts or charter schools
within a county or within a special education cooperative to employ at least one full-time
licensed school nurse for the county or cooperative and meet the requirements of paragraph
(d).
new text end

deleted text begin (2)deleted text end new text begin (c) A school board or charter school administrator maynew text end contract with a public or
private health organization or another public agency for personnel deleted text begin during the regular school
year
deleted text end , determined appropriate by the board, who are currently licensednew text begin as a registered nurse
under section 148.171, subdivision 20, or a public health nurse
new text end under deleted text begin chapter 148 and who
are certified public health nurses; or
deleted text end new text begin section 148.171, subdivision 18, if no licensed school
nurse is available for employment.
new text end

deleted text begin (3)deleted text end new text begin (d) A school board or charter school administrator maynew text end enter into another arrangement
approvednew text begin annuallynew text end by the commissioner.new text begin If another arrangement is approved, it must:
new text end

new text begin (1) meet the requirements in paragraph (b), clauses (1) and (2);
new text end

new text begin (2) employ staff who are providing health services within their scope of practice if
licensed under chapter 148;
new text end

new text begin (3) not allow staff to practice nursing if not licensed under chapter 148; and
new text end

new text begin (4) make the arrangement public after approval by the commissioner and the school
district or charter school.
new text end

new text begin Subd. 3. new text end

new text begin Additional health staff. new text end

new text begin A school district or charter school may employ more
licensed school nurses than required by this section and employ additional health staff to
meet the requirements of subdivision 2. Additional health staff must report to and be
supervised onsite by licensed school nurses. Staff who provide health services, if licensed
under chapter 148, must provide services within their scope of practice. Unlicensed assistive
personnel are not licensed under chapter 148 and must not practice nursing. Additional
health staff must maintain current cardiopulmonary resuscitation, automatic external
defibrillator, and first aid training certificates.
new text end

Sec. 3. new text begin APPROPRIATIONS; DEPARTMENT OF EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin School health services specialist. new text end

new text begin For a school health services specialist
according to section 1:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2024
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2025
new text end