Bill Text: MS SB2135 | 2011 | Regular Session | Introduced
Bill Title: Sex education pilot program; SBE and SBH shall establish.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2135 Detail]
Download: Mississippi-2011-SB2135-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education; Appropriations
By: Senator(s) Horhn
Senate Bill 2135
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION, ACTING JOINTLY WITH THE STATE BOARD OF HEALTH, TO ESTABLISH A SEX EDUCATION PILOT PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION AND THE STATE DEPARTMENT OF HEALTH TO DETERMINE THE GRADE OR GRADES IN WHICH THE PILOT PROGRAM WILL BE IMPLEMENTED; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SELECT SCHOOL DISTRICTS FOR PARTICIPATION IN THE PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, WITH THE INPUT OF THE STATE DEPARTMENT OF HEALTH, TO SUBMIT A REPORT ON THE PILOT PROGRAM TO THE CHAIRMEN OF CERTAIN LEGISLATIVE COMMITTEES BEFORE JANUARY 1, 2014; TO AMEND SECTION 41-79-5, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE SCHOOL NURSE INTERVENTION PROGRAM WITHIN THE STATE DEPARTMENT OF HEALTH AND PROVIDE FOR THE CREATION OF A PREVENTION OF TEEN PREGNANCY PILOT PROGRAM AND AN ABSTINENCE EDUCATION PILOT PROGRAM; TO BRING FORWARD SECTION 37-14-3, MISSISSIPPI CODE OF 1972, WHICH DESIGNATES THE STATE DEPARTMENT OF EDUCATION AS THE STATE AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF THE PUBLIC SCHOOL NURSE PROGRAM AND PRESCRIBES THE RESPONSIBILITIES OF THE NURSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Board of Education, acting jointly with the State Board of Health, shall establish and implement a sex education pilot program aimed at reducing the incidence of teenage pregnancy in the State of Mississippi.
(2) The State Department of Education, acting jointly with the State Department of Health, shall analyze all data available to both departments to determine in which grade or grades students would be impacted most positively by the sex education pilot program. The course of study in the pilot program must be age appropriated based on the developmental and maturity level of the students in the grade or grades in which the program is implemented.
(3) The State Department of Education shall select school districts in which the sex education pilot program will be implemented. In making the selection, the department shall identify those school districts having the highest numbers of pregnancies among students and shall consider other appropriate factors, including, but not necessarily limited to, each school district's dropout rate; urban or rural nature; geographical location; demographic profile; and state accreditation level. The department shall give preference to any school district that expresses a desire to participate in the pilot program and shall make its selection before July 1, 2011.
(4) The sex education pilot program will be implemented in those school districts selected for participation in the program in the 2011-2012 school year. The program will be continued in the same school districts during the 2012-2013 and 2013-2014 school years.
(5) Before January 1, 2014, the State Department of Education, after consultation with the State Department of Health, shall submit a report to the Chairmen of the Education Committees of the House and Senate, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on the results of the sex education pilot program. The report must include comparative data on the number of pregnancies among students in the participating school districts before and during each year of the pilot program. The report also must include a recommendation on whether or not the sex education pilot program should be implemented on a permanent basis in all or certain school districts of the state.
SECTION 2. Section 41-79-5, Mississippi Code of 1972, is amended as follows:
41-79-5. (1) There is hereby established within the State Department of Health a school nurse intervention program, available to all public school districts in the state.
(2) By the school year 1998-1999, each public school district shall have employed a school nurse, to be known as a Health Service Coordinator, pursuant to the school nurse intervention program prescribed under this section. The school nurse intervention program shall offer any of the following specific preventive services, and other additional services appropriate to each grade level and the age and maturity of the pupils:
(a) Reproductive health education and referral to prevent teen pregnancy and sexually transmitted diseases, which education shall include abstinence;
(b) Child abuse and neglect identification;
(c) Hearing and vision screening to detect problems which can lead to serious sensory losses and behavioral and academic problems;
(d) Alcohol, tobacco and drug abuse education to reduce abuse of these substances;
(e) Scoliosis screening to detect this condition so that costly and painful surgery and lifelong disability can be prevented;
(f) Coordination of services for handicapped children to ensure that these children receive appropriate medical assistance and are able to remain in public school;
(g) Nutrition education and counseling to prevent obesity and/or other eating disorders which may lead to life-threatening conditions, for example, hypertension;
(h) Early detection and treatment of head lice to prevent the spread of the parasite and to reduce absenteeism;
(i) Emergency treatment of injury and illness to include controlling bleeding, managing fractures, bruises or contusions and cardiopulmonary resuscitation (CPR);
(j) Applying appropriate theory as the basis for decision making in nursing practice;
(k) Establishing and maintaining a comprehensive school health program;
(l) Developing individualized health plans;
(m) Assessing, planning, implementing and evaluating programs and other school health activities, in collaboration with other professionals;
(n) Providing health education to assist students, families and groups to achieve optimal levels of wellness;
(o) Participating in peer review and other means of evaluation to assure quality of nursing care provided for students and assuming responsibility for continuing education and professional development for self while contributing to the professional growth of others;
(p) Participating with other key members of the community responsible for assessing, planning, implementing and evaluating school health services and community services that include the broad continuum or promotion of primary, secondary and tertiary prevention; and
(q) Contributing to nursing and school health through innovations in theory and practice and participation in research.
(3) Public school nurses shall be specifically prohibited from providing abortion counseling to any student or referring any student to abortion counseling or abortion clinics. Any violation of this subsection shall disqualify the school district employing such public school nurse from receiving any state administered funds under this section.
(4) Repealed.
(5) Beginning with the 1997-1998 school year, to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, in addition to the school nurse intervention program funds administered under subsection (4), the State Department of Health shall establish and implement a Prevention of Teen Pregnancy Pilot Program to be located in the public school districts with the highest numbers of teen pregnancies. The Teen Pregnancy Pilot Program shall provide the following education services directly through public school nurses in the pilot school districts: health education sessions in local schools, where contracted for or invited to provide, which target issues including reproductive health, teen pregnancy prevention and sexually transmitted diseases, including syphilis, HIV and AIDS. When these services are provided by a school nurse, training and counseling on abstinence shall be included.
(6) In addition to the school nurse intervention program funds administered under subsection (4) and the Teen Pregnancy Pilot Program funds administered under subsection (5), to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, the State Department of Health shall establish and implement an Abstinence Education Pilot Program to provide abstinence education, mentoring, counseling and adult supervision to promote abstinence from sexual activity, with a focus on districts which have the highest rates of teen pregnancies and sexually transmitted diseases. Such abstinence education services shall be provided by the State Department of Health through its clinics, public health nurses, school nurses and through contracts with rural and community health centers in order to reach a larger number of targeted clients. * * *
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(7) Beginning with the 1998-1999 school year and pursuant to appropriation therefor by the Legislature, in addition to other funds allotted under the minimum education program, each school district shall be allotted an additional teacher unit per every one hundred (100) teacher units, for the purpose of employing qualified public school nurses in such school district, which in no event shall be less than one (1) teacher unit per school district, for such purpose. In the event the Legislature provides less funds than the total state funds needed for the public school nurse allotment, those school districts with fewer teacher units shall be the first funded for such purpose, to the extent of funds available.
(8) Prior to the 1998-1999 school year, nursing staff assigned to the program shall be employed through the local county health department and shall be subject to the supervision of the State Department of Health with input from local school officials. Local county health departments may contract with any comprehensive private primary health care facilities within their county to employ and utilize additional nursing staff. Beginning with the 1998-1999 school year, nursing staff assigned to the program shall be employed by the local school district and shall be designated as "health service coordinators," and shall be required to possess a bachelor's degree in nursing as a minimum qualification.
(9) Upon each student's enrollment, the parent or guardian shall be provided with information regarding the scope of the school nurse intervention program. The parent or guardian may provide the school administration with a written statement refusing all or any part of the nursing service. No child shall be required to undergo hearing and vision or scoliosis screening or any other physical examination or tests whose parent objects thereto on the grounds such screening, physical examination or tests are contrary to his sincerely held religious beliefs.
(10) A consent form for reproductive health education shall be sent to the parent or guardian of each student upon his enrollment. If a response from the parent or guardian is not received within seven (7) days after the consent form is sent, the school shall send a letter to the student's home notifying the parent or guardian of the consent form. If the parent or guardian fails to respond to the letter within ten (10) days after it is sent, then the school principal shall be authorized to allow the student to receive reproductive health education. The goal of reproductive health education shall be to promote young people's health by focusing on factually and medically accurate information along with developing skills that will help young people set goals, communicate about whether to have sex, negotiate the merits of abstinence or contraceptive use, resist peer pressure and discuss the important roles of relationships and family life. All materials used in the reproductive health education program shall be placed in a convenient and easily accessible location for parental inspection. School nurses shall not dispense birth control pills or contraceptive devices in the school. Dispensing of such shall be the responsibility of the State Department of Health on a referral basis only.
(11) No provision of this section shall be construed as prohibiting local school districts from accepting financial assistance of any type from the State of Mississippi or any other governmental entity, or any contribution, donation, gift, decree or bequest from any source which may be utilized for the maintenance or implementation of a school nurse intervention program in a public school system of this state.
SECTION 3. Section 37-14-3, Mississippi Code of 1972, is brought forward as follows:
37-14-3. (1) The State Department of Education is designated as the state agency responsible for the administration and supervision of the school nurse program as an education and wellness curriculum in the public schools of the State of Mississippi. The public school nurse program administered by the State Department of Education shall be known and may be cited as the "Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program." It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of employing school nurses shall be administered by the State Department of Education.
(2) The State Department of Education, through the Office of Healthy Schools, shall develop standards, procedures and criteria for the public school nurse programs in kindergarten through Grade 12. The Office of Healthy Schools of the State Department of Education shall assume the responsibility for promoting a statewide school nurse program designed to prepare local school districts to incorporate the school program into their local educational programs.
(3) From and after July 1, 2007, the School Nurse Intervention Program administered and funded by the State Department of Health shall be transferred to the Office of Healthy Schools of the State Department of Education. Any administrative personnel employed by the State Department of Health for the administration of school nurses under the School Nurse Intervention Program may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. Any administrative personnel formerly employed by the Partnership for a Healthy Mississippi, Inc., for the administration of school nurses in the public schools may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. All records and unexpended balances of accounts in the School Nurse Intervention Program relating to the employment of school nurses shall be transferred to the Office of Healthy Schools in the State Department of Education in accordance with the transfer of responsibility under this chapter.
(4) The nurses in the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program shall have the following specific responsibilities:
(a) Serve as the coordinator of the health services program and provide nursing care;
(b) Provide health education to students;
(c) Implement activities to promote health and prevent tobacco, alcohol and substance use and abuse;
(d) Identify health and safety concerns in the school environment and promote a nurturing social environment;
(e) Administer medications and help students manage their health problems;
(f) Support healthy food services programs;
(g) Promote healthy physical education, sports policies and practices;
(h) Promote dropout prevention programs; and
(i) Participate in allied health programs to introduce students to health careers.
(5) The Office of Healthy Schools of the State Department of Education shall provide resources to all public school nurses so that those schools with school nurses will be prepared to provide health education in Mississippi schools and support the Mississippi Comprehensive Health Framework, Mississippi Physical Education Framework, Wellness Policy, coordinated approach to school health, and other resources required by the State Board of Education.
(6) In administering the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program, the Office of Healthy Schools of the State Department of Education shall perform the following duties:
(a) Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
(b) Receive grants or any other contributions made to the State Board of Education to be used for specific purposes related to the goals of this chapter;
(c) Submit an annual report to the Legislature regarding the operation of the School Nurse Intervention Program;
(d) Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the commission as required by law;
(e) Adopt any rules or regulations that are necessary to carry out the purposes of this chapter;
(f) Develop criteria to measure the effectiveness of a school nurse;
(g) Communicate to superintendents and principals how to maximize the effectiveness of a public school nurse;
(h) Develop recommended salary structure for school districts to use when hiring a school nurse;
(i) Communicate to superintendents, principals and other appropriate school officials regarding the statutes and regulations prohibiting the use of tobacco by school personnel on school property and at school events, and to monitor the effectiveness of this ban;
(j) Report to the Senate and House Public Health and Welfare and Education Committees' Chairmen annually on the number of public school nurses, in which schools they are employed, results of their work in relation to the measures in paragraph (f);
(k) Implement policies to reduce unnecessary paperwork by public school nurses; and
(l) Take any other actions that are necessary to carry out the purposes of this chapter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
