3-20-08 CEC and Regs

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3-20-08 CEC and Regs Powered By Docstoc
					                             SPECIAL EDUCATION
                           Specialized Healthcare Procedures

                                  California Ed Code

49423.5. (a) Notwithstanding Section 49422, an individual with exceptional needs who
requireds specialized physical health care services, during the regular school day, may be
assisted by any of the following individuals:
 (1) Qualified persons who possess an appropriate credential issued pursuant to
     Section 44267 or 44267.5, or hold a valid certificate of public health nursing issued
     by the Board of Registered Nursing.
 (2) Qualified designated school personnel trained in the administration of specialized
     physical health care if they perform those services under the supervision, as defined
     by Section 3051.12 of Title 5 of the California Code of Regulations, of a
     credentialed school nurse, public health nurse, or licensed physical and surgeon
     and the services are determined by the credentialed school nurse or licensed
     physician and surgeon, in consultation with the physician treating the pupil, to
     include all of the following:
    (A) Routine for the pupil
    (B) Pose little potential harm for the pupil
    (C) Performed with predictable outcomes, as defined in the IEP of the pupil
    (D) Does not require a nursing assessment, interpretation, or decision-making by the
        designated school personnel
    (b) Specialized health care or other services that require medically related training
    shall be provided pursuant to the procedures prescribed by Section 49423.

(Therefore: What no one else can do except a credentialed school nurse or a nurse
holding a valid certificate of public health nursing, or is to
    (E) supervise those unlicensed assistive personnel (UAP) who are providing the
        specialized physical healthcare services to your students with exceptional needs
    (F) Do the assessments of those students
    (G) Determine if it is appropriate for a UAP to provide the care in the first place
    (H) Be available to supervise - even if that supervision is indirect.
As long as you have a student at a school site, who is receiving care from a UAP, that
UAP must be supervised directly or indirectly, by the credentialed school nurse and the
credentialed school nurse MUST be available to deal with any problems or questions.)


49426. School nurses may perform, if authorized by the local governing board, the
following services:
(a) Conduct immunization programs pursuant to Section 49403 and assure that every
pupil’s immunization status is in compliance with the law, including parental or guardian
consent, and good health practice.
(b) Assess and evaluate the health and developmental status of pupils to identify specific
physical disorders and other factors relating to the learning process, communicate with
the primary care provider, and contribute significant information in order to modify the
pupils' educational plans.\
(c) Interpret the health and developmental assessment to parents, teachers, administrators,
and other professionals directly concerned with the pupil.
(d) Design and implement a health maintenance plan to meet the individual health needs
of the students, incorporating plans directed by a physician.


 A health care plan is defined as the written document developed by the certified school
 nurse which includes a nursing diagnosis, is individualized to the student's health needs
 and consists of specific goals and interventions delineating the school nursing actions,
 delegated procedures and student’s role in self care.


(e) Refer the pupil and his or her parent or guardian to appropriate community resources
for necessary services.
(f) Maintain communication with parents and all involved community practitioners and
agencies to promote needed treatment and secure reports of findings pertinent to
educational planning
(g) Interpret medical and nursing findings appropriate to the student’s individual
educational plan and make recommendations to professional personnel directly involved.
(h) Consult with, conduct in-service training to, and serve as a resource person to teachers
and administrators, and act as a participant in implementing any section or sections of a
comprehensive health instruction curriculum for students by providing current scientific
information regarding nutrition, preventive dentistry, mental health, genetics, prevention
of communicable diseases, self-health care, consumer education, and other areas of health
(i) Counsel pupils and parents by:
  (1) Assisting children and youth, parents, and school personnel in identifying and
utilizing appropriate and mutually acceptable private and community health delivery
services for professional care and remediation of defects.
  (2) Counseling with parents, pupils and school staff regarding health-related attendance
problems.
  (3) Helping parents, school personnel and pupils understand and adjust to physical,
mental and social limitations.
  (4) Exploring with families and pupils, attitudes, information and values which affect
their health behavior.
  (j) Assist parents and pupils to solve financial, transportation and other barriers to
needed health services.

44830. (a) The governing board of a school district shall employ for positions requiring
certification qualifications, only persons who possess the qualifications therefore
prescribed by law.

44877. The qualifications for a nurse shall be a valid certificate of registration issued
ty the Board of Nurse Examiners of the State of California or the California Board of
Nursing Education and Nurse Registration and a health and development credential, a
standard designated services credential with a specialization in health, or a services
credential with a specialization in health.

49400. The governing board of any school district shall give diligent care to the health
and physical development of pupils, and may employ properly certified persons for the
work.

49422 (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist,
otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State
Department of Health Services, shall be, nor shall any other person be, employed or
permitted to supervise the health and physical development of pupils unless he or she
holds a services credential with a specialization in health or a valid credential issued
prior to the operative date of Section 25 of Chapter 557 of the Statutes of 1990.

49450. The governing board of any school district shall make such rules for the
examination of the pupils in the public schools under its jurisdiction as will insure proper
care of the pupils and proper secrecy in connection with any defect noted by the
supervisor of health or his assistant and may tend to the correction of the physical defect

49452. The governing board of any school district shall, subject to Section 49451,
provide for the testing of the sight and hearing of each pupil enrolled in the schools of the
district. The test shall be adequate in nature and shall be given only by duly qualified
supervisors of health employed by the district; or by certificated employees of the
district or of the county superintendent of schools who possess the qualifications
prescribed by the Commission for Teacher Preparation and Licensing; or by contract with
an agency duly authorized to perform those services by the county superintendent of
schools of the county in which the district is located, under guidelines established by the
State Board of Education; or accredited schools or colleges of optometry, osteopathic
medicine, or medicine.
 The records of the tests shall serve as evidence of the need of the pupils for the
educational facilities provided physically handicapped individuals. The equipment
necessary to conduct the tests may be purchased or rented by governing boards of school
districts. The state, any agency, or political subdivision thereof may sell or rent any such
equipment owned by it to the governing board of any school district upon terms as may
be mutually agreeable.

49452.5 The governing board of any school district shall, subject to Section 49451,
provide for the testing of the sight and hearing of each pupil enrolled in the schools of the
district. The test shall be adequate in nature and shall be given only by duly qualified
supervisors of health employed by the district; or by certificated employees of the
district or of the county superintendent of schools who possess the qualifications
prescribed by the Commission for Teacher Preparation and Licensing; or by contract with
an agency duly authorized to perform those services by the county superintendent of
schools of the county in which the district is located, under guidelines established by the
State Board of Education; or accredited schools or colleges of optometry, osteopathic
medicine, or medicine.
 The records of the tests shall serve as evidence of the need of the pupils for the
educational facilities provided physically handicapped individuals. The equipment
necessary to conduct the tests may be purchased or rented by governing boards of school
districts. The state, any agency, or political subdivision thereof may sell or rent any such
equipment owned by it to the governing board of any school district upon terms as may
be mutually agreeable.

49452.5. The governing board of any school district shall, subject to Section 49451 and
in addition to the physical examinations required pursuant to Sections 100275, 124035,
and 124090 of the Health and Safety Code, provide for the screening of every female
pupil in grade 7 and every male pupil in grade 8 for the condition known as scoliosis.
The screening shall be in accord with standards established by the State Department of
Education. The screening shall be supervised only by qualified supervisors of health
as specified in Sections 44871 to 44878, inclusive, and Section 49422, or by school
nurses employed by the district or the county superintendent of schools, or pursuant to
contract with an agency authorized to perform these services by the county
superintendent of schools of the county in which the district is located pursuant to
Sections 1750 to 1754, inclusive, and Section 49402 of this code, Section 101425 of the
Health and Safety Code, and guidelines established by the State Board of Education. The
screening shall be given only by individuals who supervise, or who are eligible to
supervise, the screening, or licensed chiropractors, or by certificated employees of the
district or of the county superintendent of schools who have received in-service training,
pursuant to rules and regulations adopted by the State Board of Education, to qualify
them to perform these screenings. It is the intent of the Legislature that these screenings
be performed, at no additional cost to the state, the school district, or the parent or
guardian, during the regular schoolday and that any staff time devoted to these activities
be redirected from other ongoing activities not related to the pupil's health care.
  In-service training may be conducted by orthopedic surgeons, physicians, registered
nurses, physical therapists, and chiropractors, who have received specialized training in
scoliosis detection.
  Pupils suspected of having scoliosis during the initial screening shall be rescreened by
an orthopedic surgeon when there will be no cost to the state, the school district, or the
parent or guardian.
  No person screening pupils for scoliosis pursuant to this section shall solicit, encourage,
or advise treatment or consultation by that person, or any entity in which that person has
a financial interest, for scoliosis or any other condition discovered in the course of the
screening.
  The governing board of any school district shall provide for the notification of the
parent or guardian of any pupil suspected of having scoliosis. The notification shall
include an explanation of scoliosis, the significance of treating it at an early age, and the
public services available, after diagnosis, for treatment. Referral
of the pupil and the pupil's parent or guardian to appropriate community resources shall
be made pursuant to Sections 49426 and

49455. . 49455. Upon first enrollment in a California school district of a child at a
California elementary school, and at least every third year thereafter until the child has
completed the eighth grade, the child's vision shall be appraised by the school nurse or
other authorized person under Section 49452. This evaluation shall include tests for
visual acuity and color vision; however, color vision shall be appraised once and only on
male children, and the results of the appraisal shall be entered in the health record of the
pupil. Color vision appraisal need not begin until the male pupil has reached the first
grade. Gross external observation of the child's eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher. The evaluation may be
waived, if the child's parents so desire, by their presenting of a certificate from a
physician and surgeon or an optometrist setting out the results of a determination of the
child's vision, including visual acuity and color vision.
   The provisions of this section shall not apply to any child whose parents or guardian
file with the principal of the school in which the child is enrolling, a statement in writing
that they adhere to the faith or teachings of any well-recognized religious sect,
denomination, or organization and in accordance with its creed, tenets, or principles
depend for healing upon prayer in the practice of their religion.

49456. (a) When a defect other than a visual defect has been noted by the supervisor of
health or his assistant, a report shall be made to the parent or guardian of the child,
asking the parent or guardian to take such action as will cure or correct the defect. Such
report, if made in writing, shall not include any recommendation suggesting or directing
the pupil to a designated individual for the purpose fo curing or correcting any defect
referred to in the report.
(b) When a visual defect has been noted by the supervisor of health or his assistant, a
report shall be made to the parent or guardian of the child, asking the parent or guardian
to take such action as will correct the defect. Such report, if made in writing, must be
made on a form prescribed or approved by the Superintendent of Public Instruction and
shall not include therein any recommendation suggesting or directing the pupil to a
designated individual or class of practitioner for the purpose of correcting any defect
referred to in the report.
(c) The provisions of this section do not prevent a supervisor of health from
recommending ain a written report that the child be taken to a public clinic or diagnostic
and treatment center operated by a public hospital or by the state, county, or city
department of public health.

49457. The supervisor of health shall make such reports from time to time as he deems
best to the governing board of the school district, or as the board may call for, showing
the number of defective children in the schools of the district and the effort made to
correct the defects.


Specialized Physical Health Care Service (SPHCs)
Legal Basis: CEC 49423.5, Section 504 of the Vocational Rehabilitation Act, PL 94-142,
CCR Title 5
Components:
   1. Nursing assessment
   2. Physician orders
   3. Write SPCH
   4. Train staff
   5. Supervise staff (minimum standards issued by CA Dept. of Ed and Board of
      Registered Nurses)
   6. Maintains logs and documentation of service
   7. Emergency health plans

Current Specialized Physical Healthcare Plans (SPHCs)

- Medically Fragile -5 students with Multiple disabilities requiring 1:1 assistance.
  School Nurse is health case manager.
     Annual and as need SPHC updates
     Training. Aide and backup
     Infection Control measures

                                   Health Assessments
                         Special Education and Resource students
Legal Basis:
CCR Title 5, 3021.1, CCR Title 5 3951.17, CCR Title 5, 3030; CEC 49423.5, 49427,
56320, 56324

Components:
    Vision assessment
    Hearing assessment
    Health and Developmental Assessment
    Synthesis data into report

- Initials: uncomplicated
-Initials with health issues
-Triennials RSP
-Triennials SDC
-Administrative placements. 2 hours each

5 students with health impairment in Special Day and ??? students in resource classes

                                Medication Administration

CEC 49423, 48980, CCR Title r 18170, B&PC 4230
State Superintendent of Public Instruction Advisory 9/5/97
Board Policy

Credentialed School Nurse Responsibility:

      Annual training of staff who administer medication
      Review of Physician orders
      Question Physician orders as needed.
   Assess student response to medications and untoward reactions
   Resource for aide’s questions about medications.
   Follow up on medication errors committed at sites.