April 1, 2005
ENGROSSED
SENATE BILL No. 326
_____
DIGEST OF SB 326
(Updated March 30, 2005 9:28 am - DI 109)
Citations Affected: IC 20-8.1; IC 20-10.1; IC 20-30; IC 20-34.
Synopsis: Information concerning meningococcal meningitis.
Requires public and nonpublic schools to distribute materials
concerning meningococcal meningitis and its vaccines. Requires the
department of education to develop the material to be distributed.
Provides for medication possessed by a school for administration to a
student to be released to the student's parent or an individual who is at
least 18 years of age or sent home with the student, if the student's
parent provides written permission.
Effective: July 1, 2005.
Server
(HOUSE SPONSOR _ FRIZZELL)
January 6, 2005, read first time and referred to Committee on Education and Career
Development.
February 17, 2005, amended, reported favorably _ Do Pass.
February 21, 2005, read second time, ordered engrossed.
February 22, 2005, engrossed.
February 24, 2005, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
March 8, 2005, read first time and referred to Committee on Education.
March 31, 2005, amended, reported _ Do Pass.
April 1, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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ENGROSSED
SENATE BILL No. 326
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-8.1-7-22; (05)ES0326.1.1. -->
SECTION 1. IC 20-8.1-7-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) This section
does not apply to medication possessed by a student for
self-administration under IC 20-8.1-5.1-7.5.
(b) Except as provided in subsection (d), a school corporation may
not send home with a student medication that is possessed by a school
for administration during school hours or at school functions.
(c) (b) Medication that is possessed by a school for administration
during school hours or at school functions for a student
in grades
kindergarten through grade 8 may be released
only to:
(1) the student's parent; or
(2) an individual who is:
(A) at least eighteen (18) years of age; and
(B) designated in writing by the student's parent to receive the
medication.
(d) (c) A school corporation may send home medication that is
possessed by a school for administration during school hours or at
school functions with a student in grades 9 through 12 if the student's
parent provides written permission for the student to receive the
medication.
SOURCE: IC 20-10.1-4-16; (05)ES0326.1.2. -->
SECTION 2. IC 20-10.1-4-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 16. (a) The chief administrative
officer of each:
(1) public school (including a charter school as defined in
IC 20-5.5-1-4); and
(2) nonpublic school;
shall ensure that information concerning meningococcal disease
and its vaccines is provided to students and parents or guardians
of students at the beginning of each school year.
(b) The information provided under subsection (a) must include
information concerning the:
(1) causes;
(2) symptoms; and
(3) spread;
of meningococcal disease and the places where parents and
guardians of students may obtain additional information and
vaccinations for their children.
(c) The chief administrative officers and the department shall,
in consultation with the state department of health or any other
appropriate entity, develop materials to be made available to
schools to assist schools in providing the information described in
this section.
(d) The department shall enforce this section.
SOURCE: IC 20-30-5-18; (05)ES0326.1.3. -->
SECTION 3. IC 20-30-5-18 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Sec. 18. (a) The chief administrative officer of each:
(1) public school (including a charter school as defined in
IC 20-24-1-4); and
(2) nonpublic school;
shall ensure that information concerning meningococcal disease
and its vaccines is provided to students and parents or guardians
of students at the beginning of each school year.
(b) The information provided under subsection (a) must include
information concerning the:
(1) causes;
(2) symptoms; and
(3) spread;
of meningococcal disease and the places where parents and
guardians of students may obtain additional information and
vaccinations for their children.
(c) The chief administrative officers and the department shall,
in consultation with the state department of health or any other
appropriate entity, develop materials to be made available to
schools to assist schools in providing the information described in
this section.
(d) The department shall enforce this section.
SOURCE: IC 20-34-3-18; (05)ES0326.1.4. -->
SECTION 4. IC 20-34-3-18, AS ADDED BY HEA 1288-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 18. (a) This section does not apply to medication
possessed by a student for self-administration under IC 20-33-8-13.
(b) Except as provided in subsection (d), a school corporation may
not send home with a student medication that is possessed by a school
for administration during school hours or at school functions.
(c) (b) Medication that is possessed by a school for administration
during school hours or at school functions for a student
in kindergarten
through grade 8 may be released
only to:
(1) the student's parent; or
(2) an individual who is:
(A) at least eighteen (18) years of age; and
(B) designated in writing by the student's parent to receive the
medication.
(d) (c) A school corporation may send home medication that is
possessed by a school for administration during school hours or at
school functions with a student
in grades 9 through 12 if the student's
parent provides written permission for the student to receive the
medication.