Reprinted

March 2, 2006





ENGROSSED

HOUSE BILL No. 1338

_____


DIGEST OF HB 1338 (Updated March 1, 2006 9:09 pm - DI 75)



Citations Affected: IC 20-28; IC 20-31; IC 20-34; IC 34-30; noncode.

Synopsis: School improvement awards; teacher CPR training; care and management of student diabetes at school. Establishes additional criteria for determining a school's improvement or performance compared with the school's performance in previous years. Provides a graduated series of awards based on improvement or high performance. Requires training in cardiopulmonary resuscitation (CPR) and the Heimlich maneuver to obtain an initial license as a teacher. Establishes immunity from liability for an act or omission by a teacher who has obtained a license and been trained in CPR. Requires the department of education and the state department of health to develop and implement a pilot student diabetes management program before July 1, 2007, and a statewide program before July 1, 2009. Establishes a training program for school employees who are not health care professionals to assist students with diabetes in managing and treating the diabetes. Sets forth requirements for individualized health plans for students who will be managing and treating diabetes while at school or school activities.

Effective: Upon passage; July 1, 2006.






Harris T, Walorski, Heim, Porter
(SENATE SPONSOR _ LUBBERS)




    January 10, 2006, read first time and referred to Committee on Education.
    January 26, 2006, amended, reported _ Do Pass.
    January 30, 2006, read second time, amended, ordered engrossed.
    January 31, 2006, engrossed.
    February 2, 2006, read third time, passed. Yeas 97, nays 0.

SENATE ACTION

    February 6, 2006, read first time and referred to Committee on Education and Career Development.
    February 23, 2006, amended, reported favorably _ Do Pass.
    March 1, 2006, read second time, amended, ordered engrossed.





Reprinted

March 2, 2006

Second Regular Session 114th General Assembly (2006)


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 this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1338



    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 20-28-5-3; (06)EH1338.2.1. -->     SECTION 1. IC 20-28-5-3, AS ADDED BY P.L.246-2005, SECTION 157, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The department shall designate:
        (1) the grade point average required for each type of license; and
        (2) the types of licenses to which the teachers' minimum salary laws apply, including nonrenewable one (1) year limited licenses.
    (b) The department shall determine details of licensing not provided in this chapter, including requirements regarding the following:
        (1) The conversion of one (1) type of license into another.
        (2) The accreditation of teacher education schools and departments.
        (3) The exchange and renewal of licenses.
        (4) The endorsement of another state's license.
        (5) The acceptance of credentials from teacher education institutions of another state.
        (6) The academic and professional preparation for each type of

license.
        (7) The granting of permission to teach a high school subject area related to the subject area for which the teacher holds a license.
        (8) The issuance of licenses on credentials.
        (9) The type of license required for each school position.
        (10) The size requirements for an elementary school requiring a licensed principal.
        (11) Any other related matters.
The department shall establish at least one (1) system for renewing a teaching license that does not require a graduate degree.
     (c) Beginning July 1, 2006, the board, before issuing an initial teaching license at any grade level to an undergraduate individual seeking an initial teaching license, shall require the applicant for a license to show evidence that the applicant meets one (1) of the following:
        (1) Has successfully completed a course approved by the board in:
            (A) cardiopulmonary resuscitation that includes a test demonstration on a mannequin;
            (B) removing a foreign body causing an obstruction in an airway; and
            (C) the Heimlich maneuver.
        (2) Holds a valid certification in the procedures described in subdivision (1) issued by:
            (A) the American Red Cross;
            (B) the American Heart Association; or
            (C) a comparable organization or institution approved by the board.
        (3) Has physical limitations that make it impracticable for the applicant to complete a course or certification described in subdivision (1) or (2).

    (c) (d)The department shall periodically publish bulletins regarding:
        (1) the details described in subsection (b);
        (2) information on the types of licenses issued;
        (3) the rules governing the issuance of each type of license; and
        (4) other similar matters.

SOURCE: IC 20-31-12; (06)EH1338.2.2. -->     SECTION 2. IC 20-31-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
    Chapter 12. Additional School Improvement Criteria and Awards
    Sec. 1. As used in this chapter, the following terms have the

following meanings:
        (1) "Graduation rate" has the meaning set forth in IC 20-26-13-6.
        (2) "High achieving" means a score that is in the ninetieth percentile or above on a section of the ISTEP program test.
        (3) "High performing" means placement by the state board in the exemplary or commendable performance category.
        (4) "Professional development" refers to activities that conform to the requirements set forth in IC 20-20-31.
        (5) "Program" refers to the school improvement award program established by section 2 of this chapter.
    Sec. 2. The school improvement award program is established to reward schools that:
        (1) show improvement over previous years' academic performance; or
        (2) achieve or maintain a high level of academic performance;
with a graduated series of awards.
    Sec. 3. (a) The department shall administer the program.
    (b) In addition to money appropriated by the general assembly, the department may use gifts and grants to provide funding for awards under this chapter.
    Sec. 4. In addition to an assessment of improvement under IC 20-31-8-1, a school shall have the school's progress in school improvement determined by comparing the following performance factors with the same performance factors for the school in previous years:
        (1) ISTEP scores, with the scores for the following categories of students reported and compared separately:
            (A) Minority groups (as defined in IC 4-13-16.5-1).
            (B) Limited English proficiency.
            (C) Students receiving free or reduced price lunch under the national school lunch program.
            (D) High achieving.
        (2) Designation as a high performing school.
        (3) For high schools, graduation rates.
    Sec. 5. In addition to grants and awards received under IC 20-31-7 and IC 20-31-11, a participating school's progress in school improvement may be recognized with a performance award in the amount determined by the department.
    Sec. 6. An award granted under this chapter may be used for any combination of the following purposes:
        (1) Grants to certificated employees (as defined in

IC 20-29-2-4) for professional development.
        (2) School programs to increase parental involvement.
        (3) Enhanced curriculum or instruction, or both.
    Sec. 7. The principal of the school receiving an award under this chapter shall determine the manner in which the award is to be used after consulting a school improvement committee established under IC 20-31-5-1.

SOURCE: IC 20-34-5; (06)EH1338.2.3. -->     SECTION 3. IC 20-34-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
     Chapter 5. Care of Students With Diabetes
    Sec. 1. The department and the state department of health shall:
        (1) develop and implement a pilot program that meets the requirements of this chapter not later than July 1, 2007; and
        (2) implement this chapter statewide not later than July 1, 2009.
    Sec. 2. As used in this chapter, "unlicensed assistive personnel" means a school employee who:
        (1) is not a licensed health care professional;
        (2) has successfully completed the training required under section 10 of this chapter; and
        (3) has immunity from liability under IC 34-30-14.
    Sec. 3. As used in this chapter, "diabetes management and treatment plan" means a plan prepared under section 7 of this chapter.
    Sec. 4. As used in this chapter, "individualized health plan" means a coordinated plan of care designed to meet the unique health care needs of a student with diabetes in a school setting.
    Sec. 5. As used in this chapter, "school employee" means an individual employed by:
        (1) a public school or an accredited nonpublic school;
        (2) a local health department working with a school under this chapter; or
        (3) another entity with which a school has contracted to perform the duties required under this chapter.
    Sec. 6. As used in this chapter, "student" refers to a student with diabetes.
    Sec. 7. (a) A diabetes management and treatment plan must be prepared and implemented for a student with diabetes while the student is at school or participating in a school activity. The plan must be developed by:
        (1) the student's parent or guardian; and
        (2) the licensed physician responsible for the student's diabetes treatment or another diabetes health care provider ordered in writing by the physician.
    (b) A diabetes management and treatment plan must:
        (1) identify the health care services the student may need at school;
        (2) evaluate the student's:
            (A) ability to manage; and
            (B) level of understanding of;
        the student's diabetes;
        (3) specify the care that may be performed by the student with an agreed upon level of supervision; and
        (4) be signed by the student's parent or guardian and the licensed physician responsible for the student's diabetes treatment or another diabetes health care provider ordered in writing by the physician.
    (c) The parent or guardian of a student with diabetes who will be attending school or participating in a school activity shall submit a copy of the student's diabetes management and treatment plan to the school. The plan must be submitted to and be reviewed by the school:
        (1) before or at the beginning of a school year;
        (2) at the time the student enrolls, if the student is enrolled in school after the beginning of the school year; or
        (3) as soon as practicable following a diagnosis of diabetes for the student.
    Sec. 8. (a) An individualized health plan must be developed for each student with diabetes who will be attending school or participating in a school activity. The school's principal and school nurse shall develop a student's individualized health plan in collaboration with:
        (1) the student's parent or guardian;
        (2) to the extent practicable, the licensed physician responsible for the student's diabetes treatment or another diabetes health care provider ordered in writing by the physician; and
        (3) one (1) or more of the student's teachers.
    (b) A student's individualized health plan must incorporate the components of the student's diabetes management and treatment plan. A school shall develop a student's individualized health plan upon receiving the student's diabetes management and treatment plan.
    Sec. 9. (a) At each school in which a student with diabetes is

enrolled, the school principal shall:
        (1) seek school employees to serve as unlicensed assistive personnel; and
        (2) make efforts to ensure that the school has adequate personnel to safely implement a diabetes case plan.
    (b) Unlicensed assistive personnel serve under the supervision of the school nurse.
    (c) A school employee may not be subject to any disciplinary action for refusing to serve as unlicensed assistive personnel.
    Sec. 10. (a) The state department of health, with the assistance of interested parties, shall develop a training program that includes instruction in the following:
        (1) Recognizing the symptoms of hypoglycemia and hyperglycemia.
        (2) Understanding the proper action to take if the blood glucose levels of a student are outside the target ranges indicated on the student's diabetes management and treatment plan.
        (3) Understanding the details of a student's individualized health plan.
        (4) Performing finger sticks to check blood glucose levels, checking urine ketone levels, and recording the results of the checks.
        (5) Properly administering glucagon and insulin, and recording the results of the administration.
        (6) Recognizing complications that require emergency medical assistance.
        (7) Understanding recommended schedules and food intake for meals and snacks for a student, the effect of physical activity on blood glucose levels, and the proper action to be taken if a student's schedule referred to in this subdivision is disrupted.
    (b) If a school nurse is assigned to a school, the school nurse shall coordinate the training of school employees acting as unlicensed assistive personnel, using the training program developed under subsection (a).
    (c) Training for unlicensed assistive personnel must be provided by a health care professional with expertise in the care of students with diabetes or by a school nurse. The training must be provided before the beginning of the school year or as soon as practicable following:
        (1) the enrollment; or


        (2) the diagnosis;
of a student with diabetes at a school that previously had no students with diabetes.
    (d) The school nurse or principal shall maintain a copy of the training program and the records of training completed by the school employees.
    Sec. 11. (a) If a school nurse is assigned to a school and the nurse is available, the nurse shall perform the tasks necessary to assist a student in carrying out the student's individualized health plan.
    (b) If a school nurse is not assigned to a school or is not available, unlicensed assistive personnel shall perform the tasks necessary to assist a student in carrying out the student's individualized health plan, in compliance with the training guidelines provided under section 10 of this chapter. Unlicensed assistive personnel must have access to a health care professional with expertise in the care of students with diabetes or a school nurse must have access to the licensed physician responsible for the student's diabetes treatment if unlicensed assistive personnel act under this subsection.
    (c) Unlicensed assistive personnel may act under this section only if the parent or guardian of the student signs an agreement that:
        (1) authorizes unlicensed assistive personnel to assist the student; and
        (2) states that the parent or guardian understands that, as provided under IC 34-30-14, unlicensed assistive personnel is not liable for civil damages for assisting in the student's care.
    (d) Unlicensed assistive personnel who assist a student under this section in carrying out the student's individualized health plan:
        (1) is not considered to be engaging in the practice of nursing;
        (2) is exempt from applicable statutes and rules that restrict activities that may be performed by an individual who is not a health care professional; and
        (3) shall contact a health care provider in a medical emergency involving a student with diabetes.
    (e) A school corporation may not restrict the assignment of a student to a particular school on the basis that the school does not have the required unlicensed assistive personnel.
    Sec. 12. As provided in a student's individualized health plan, a school corporation shall allow the student to attend to the management and care of the student's diabetes, including performing the following activities:
        (1) Performing blood glucose level checks.
        (2) Administering insulin through the insulin delivery system the student uses.
        (3) Treating hypoglycemia and hyperglycemia.
        (4) Possessing on the student's person at any time the supplies or equipment necessary to monitor and care for the student's diabetes.
        (5) Otherwise attending to the management and care of the student's diabetes in the classroom, in any area of the school or school grounds, or at any school related activity.

SOURCE: IC 34-30-14-2.5; (06)EH1338.2.4. -->     SECTION 4. IC 34-30-14-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.5. A teacher who:
        (1) meets the requirement of IC 20-28-5-3(c); and
        (2) performs:
            (A) cardiopulmonary resuscitation; or
            (B) the Heimlich maneuver;
        on or removes a foreign body that is obstructing an airway of another person in the course of employment as a teacher;
is not liable in a civil action for damages resulting from an act or omission occurring during the performance of a function under this section unless the act or omission constitutes gross negligence or willful and wanton misconduct.

SOURCE: ; (06)EH1338.2.5. -->     SECTION 5. [EFFECTIVE UPON PASSAGE] (a) Although IC 20-28-5-3(c), as amended by this act, applies beginning July 1, 2006, a college or university located in Indiana may recommend to a person who has been accepted in a teacher training program before July 1, 2006, that the person should meet the requirements of IC 20-28-5-3(c), as amended by this act.
    (b) This SECTION expires June 30, 2008.

SOURCE: ; (06)EH1338.2.6. -->     SECTION 6. An emergency is declared for this act.