GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H D
HOUSE DRH40008-MG-1 (11/10)
Short Title: Amend School Health Assessment Requirement. |
(Public) |
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Sponsors: |
Representative Torbett. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT REQUIRING EACH child presented for admission into the public schools for the first time to submit proof of a recent health assessment and REQUIRING the health assessment transmittal form TO be PERMANENTLY maintained in the child's official school record.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A‑440 reads as rewritten:
"§ 130A‑440. Health assessment required.
(a) Every parent, guardian, or person in loco
parentis shall submit proof of a health assessment for each child in this
State entering kindergarten in who is presented for admission into kindergarten
or a higher grade in the public schools shall receive a health assessment.for
the first time. The health assessment shall be made no more than 12 months
prior to the date of school entry.initial entry into the public
schools. No child shall attend kindergarten is eligible for
initial entry into kindergarten or a higher grade in the public schools unless
a health assessment transmittal form, developed pursuant to G.S. 130A‑441,
indicating that the child has received the health assessment required by this
section, is presented to the school principal. The medical provider, or the
parent, guardian, or person in loco parentis, must present a completed health
assessment transmittal form to the principal of the school on or before the
child's first day of attendance. If a health assessment transmittal form is not
presented on or before the child's first day,day of
attendance, the principal shall present a notice of deficiency to the
parent, guardian, or responsible person. The parent, guardian, or responsible
person shall have 30 calendar days from the first day of attendance to present
the required health assessment transmittal form for the child. Upon termination
of 30 calendar days, the principal shall not permit the child to attend the
school until the required health assessment transmittal form has been
presented. The health assessment transmittal form shall be permanently
maintained in the child's official school record.
(b) A health assessment shall include a medical history and physical examination with screening for vision and hearing and, if appropriate, testing for anemia and tuberculosis. Vision screening shall be conducted in accordance with G.S. 130A‑440.1. The health assessment may also include dental screening and developmental screening for cognition, language, and motor function. The developmental screening of cognition and language abilities may be conducted in accordance with G.S. 115C‑83.5(a).
(c) The health assessment shall be conducted by a physician licensed to practice medicine, a physician's assistant as defined in G.S. 90‑18.1(a), a certified nurse practitioner, or a public health nurse meeting the Department's Standards for Early Periodic Screening, Diagnosis, and Treatment Screening.
(d) This Article shall not apply to children entering kindergarten
in private church schools, schools of religious charter, or qualified
nonpublic schools, regulated by Article 39 of Chapter 115C of the General
Statutes."
SECTION 2. G.S. 115C‑402(b) reads as rewritten:
"(b) The official record shall contain, as at
a minimum, adequate identification data including date of birth, attendance
data, grading and promotion data, data; a health assessment transmittal
form as required by G.S. 130A‑440; and such other factual
information as may be deemed appropriate by the local board of education having
jurisdiction over the school wherein the record is maintained. Each student's
official record also shall include notice of any long‑term suspension or
expulsion imposed pursuant to G.S. 115C‑390.7 through G.S. 115C‑390.11
and the conduct for which the student was suspended or expelled. The
superintendent or the superintendent's designee shall expunge from the record
the notice of suspension or expulsion if the following criteria are met:
(1) One of the following persons makes a request for expungement:
a. The student's parent, legal guardian, or custodian.
b. The student, if the student is at least 16 years old or is emancipated.
(2) The student either graduates from high school or is not expelled or suspended again during the two‑year period commencing on the date of the student's return to school after the expulsion or suspension.
(3) The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools.
(4) The superintendent or the superintendent's designee determines that the maintenance of the record is no longer needed to adequately serve the child."
SECTION 3. This act is effective when it becomes law and applies to children enrolling in the public schools for the first time beginning with the 2015‑2016 school year.