75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1992
A-Engrossed
House Bill 2693
Ordered by the House May 4
Including House Amendments dated May 4
Sponsored by Representative KOTEK, Senator MONNES ANDERSON;
Senator MORSE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes standards for number of licensed nurses or school
nurses required for number of students based on health needs of
students.
Appropriates moneys from General Fund to Department of
Education for purposes of improving provision of licensed nurses
and school nurses in schools.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to school nursing services; creating new provisions;
amending ORS 329.025; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.025 is amended to read:
329.025. It is the intent of the Legislative Assembly to
maintain a system of public elementary and secondary schools that
allows students, parents, teachers, administrators, school
district boards and the State Board of Education to be
accountable for the development and improvement of the public
school system. The public school system shall have the following
characteristics:
(1) Provides equal and open access and educational
opportunities for all students in the state regardless of their
linguistic background, culture, race, gender, capability or
geographic location;
(2) Assumes that all students can learn and establishes high,
specific skill and knowledge expectations and recognizes
individual differences at all instructional levels;
(3) Provides special education, compensatory education,
linguistically and culturally appropriate education and other
specialized programs to all students who need those services;
{ + (4) Supports the physical and cognitive growth and
development of students; + }
{ - (4) - } { + (5) + } Provides students with a solid
foundation in the skills of reading, writing, problem solving and
communication;
{ - (5) - } { + (6) + } Provides opportunities for students
to learn, think, reason, retrieve information, use technology and
work effectively alone and in groups;
{ - (6) - } { + (7) + } Provides for rigorous academic
content standards and instruction in mathematics, science,
English, history, geography, economics, civics, physical
education, health, the arts and second languages;
{ - (7) - } { + (8) + } Provides students an educational
background to the end that they will function successfully in a
constitutional republic, a participatory democracy and a
multicultural nation and world;
{ - (8) - } { + (9) + } Provides students with the
knowledge and skills that will provide the opportunities to
succeed in the world of work, as members of families and as
citizens;
{ - (9) - } { + (10) + } Provides students with the
knowledge and skills that lead to an active, healthy lifestyle;
{ - (10) - } { + (11) + } Provides students with the
knowledge and skills to take responsibility for their decisions
and choices;
{ - (11) - } { + (12) + } Provides opportunities for
students to learn through a variety of teaching strategies;
{ - (12) - } { + (13) + } Emphasizes involvement of parents
and the community in the total education of students;
{ - (13) - } { + (14) + } Transports children safely to and
from school;
{ - (14) - } { + (15) + } Ensures that the funds allocated
to schools reflect the uncontrollable differences in costs facing
each district;
{ - (15) - } { + (16) + } Ensures that local schools have
adequate control of how funds are spent to best meet the needs of
students in their communities; and
{ - (16) - } { + (17) + } Provides for a safe, educational
environment.
SECTION 2. { + (1) As used in this section:
(a) 'Licensed practical nurse' means an individual who is
licensed as a licensed practical nurse under ORS 678.010 to
678.410.
(b) 'Medically fragile students' means students who may have a
life-threatening health condition and who may require immediate
professional nursing services.
(c) 'Nursing-dependent students' means students who may have an
unstable or life-threatening health condition and who may require
daily, direct and continuous professional nursing services.
(d) 'Registered nurse' means an individual who is licensed as a
registered nurse under ORS 678.010 to 678.410.
(e) 'School nurse' has the meaning given that term in ORS
342.455.
(2) Each school district shall ensure that the district has
access to a sufficient level of nursing services to provide:
(a) One registered nurse or school nurse for every 125
medically fragile students.
(b) One registered nurse or school nurse, or one licensed
practical nurse under the supervision of a registered nurse or
school nurse, for each nursing-dependent student.
(3) A school district may satisfy the requirements of
subsection (2) of this section by using the most cost-effective
means available.
(4) The Department of Education shall submit to the State Board
of Education and the interim legislative committees related to
education an annual report no later than October 1 of each year
that is based on the previous school year and that provides
information on:
(a) The availability of licensed practical nurses, registered
nurses and school nurses in each school district; and
(b) The number of medically fragile students and
nursing-dependent students in each school district. + }
SECTION 3. { + Section 2 of this 2009 Act becomes operative
July 1, 2011. + }
SECTION 4. Section 2 of this 2009 Act is amended to read:
{ + Sec. 2. + } (1) As used in this section:
(a) 'Licensed practical nurse' means an individual who is
licensed as a licensed practical nurse under ORS 678.010 to
678.410.
{ + (b) 'Medically complex students' means students who may
have an unstable health condition and who may require daily
professional nursing services. + }
{ - (b) - } { + (c) + } 'Medically fragile students' means
students who may have a life-threatening health condition and who
may require immediate professional nursing services.
{ - (c) - } { + (d) + } 'Nursing-dependent students' means
students who may have an unstable or life-threatening health
condition and who may require daily, direct and continuous
professional nursing services.
{ - (d) - } { + (e) + } 'Registered nurse' means an
individual who is licensed as a registered nurse under ORS
678.010 to 678.410.
{ - (e) - } { + (f) + } 'School nurse' has the meaning
given that term in ORS 342.455.
(2) Each school district shall ensure that the district has
access to a sufficient level of nursing services to provide:
{ + (a) One registered nurse or school nurse for every 225
medically complex students. + }
{ - (a) - } { + (b) + } One registered nurse or school
nurse for every 125 medically fragile students.
{ - (b) - } { + (c) + } One registered nurse or school
nurse, or one licensed practical nurse under the supervision of a
registered nurse or school nurse, for each nursing-dependent
student.
{ + (3) In addition to the requirements of subsection (2) of
this section, each school district is encouraged to have one
registered nurse or school nurse for every 750 students in the
school district. + }
{ - (3) - } { + (4)(a) + }A school district may satisfy
the requirements of subsection (2) of this section by using the
most cost-effective means available.
{ + (b) A school district may satisfy the requirements
described in subsection (2)(a) of this section and the
recommendations described in subsection (3) of this section by:
(A) Providing personnel trained and supervised by a registered
nurse or school nurse; and
(B) Complying with the requirements of ORS 678.010 to
678.445. + }
{ - (4) - } { + (5) + } The Department of Education shall
submit to the State Board of Education and the interim
legislative committees related to education an annual report no
later than October 1 of each year that is based on the previous
school year and that provides information on:
(a) The availability of licensed practical nurses, registered
nurses and school nurses in each school district; and
(b) The number of { + medically complex students, + }
medically fragile students and nursing-dependent students in each
school district.
SECTION 5. { + For the purpose of fulfilling the
recommendations for registered nurses and school nurses in a
school district, as described in section 2 (3) and (4)(b) of this
2009 Act, as amended by section 4 of this 2009 Act, school
districts are encouraged to provide:
(1) One registered nurse or school nurse for every 3,500
students by July 1, 2014.
(2) One registered nurse or school nurse for every 2,500
students by July 1, 2016.
(3) One registered nurse or school nurse for every 1,500
students by July 1, 2018.
(4) One registered nurse or school nurse for every 750 students
by July 1, 2020. + }
SECTION 6. { + Section 5 of this 2009 Act and the amendments
to section 2 of this 2009 Act by section 4 of this 2009 Act
become operative July 1, 2012. + }
SECTION 7. { + There is appropriated to the Department of
Education, for the biennium beginning July 1, 2009, out of the
General Fund, the amount of $___ to be used as follows:
(1) $___ to be used to conduct an analysis of the delivery of
school nursing services to schools in this state and issue
recommendations on the most cost-effective models to deliver
school nursing services based on geography, the size of the
school district, the health needs of students and other factors
identified by the department. The department shall seek
additional funding sources for the analysis.
(2) $___ to be used to help school districts prepare to comply
with the requirements of section 2 of this 2009 Act. + }
SECTION 8. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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