TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SCHOOL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 51, Session Laws of Hawaii 2004, sought to revamp education in Hawaii, in part, by creating an interagency working group to develop plans for transferring certain rights, powers, functions, duties, and resources from various state departments to the department of education. This interagency working group ceased to exist on June 30, 2007.
The legislature further finds that the establishment of such interagency working groups facilitates interagency communication and in particular, will help address various issues that either have not been fully resolved since Act 51 or have arisen as a result of transfers implemented pursuant to Act 51.
The purpose of this Act, therefore, is to improve the delivery of school health services by establishing an interagency working group to create a comprehensive school health program.
SECTION 2. (a) The department of education and department of health shall jointly convene an interagency working group to discuss and create a comprehensive school health program that includes a comprehensive, sustainable plan to address, at minimum, issues relating to:
(1) The development of a school health program infrastructure and a recommendation regarding the department in which to place such a program to ensure what is best for students attending department of education schools;
(2) The transfer of health aides from the department of health to the department of education;
(3) The training of department of education employees and agents relating to the administration of medication to students by the department of health;
(4) The authorization of department of education employees to receive and administer auto-injectable epinephrine to students experiencing anaphylaxis;
(5) The provision of care by department of education employees to students with diabetes pursuant to a student's medical management plan;
(6) The need for mental health counselor, nurse, and health aide positions in the public schools;
(7) The identification of existing barriers and mechanisms necessary to maximize all relevant and available federal funds for services that may be offered through the school health program; and
(8) Any personnel issues that may arise as a result of the comprehensive plan, including the transfer of personnel from one department to another.
(b) Members of the working group shall include:
(1) The superintendent of education or the superintendent's designee, who shall serve as a co-chair;
(2) The director of health or the director's designee, who shall serve as a co-chair;
(3) The chair of the senate standing committee on education or the chair's designee;
(4) The chair of the house of representatives standing committee on education or the chair's designee;
(5) The chair of the senate standing committee on health or the chair's designee;
(6) The chair of the house of representatives standing committee on health or the chair's designee;
(7) A representative from the special education section of the department of education's curriculum and instruction branch;
(8) A representative from the comprehensive student support services section of the department of education's student support branch;
(9) A representative from the healthcare contracts and reimbursement program of the department of education's office of fiscal services;
(10) A department of education complex area superintendent or principal, to be chosen by the superintendent of education;
(11) The chief of the department of health's public health nursing branch or the chief's designee;
(12) The chief of the department of health's family health services division or the chief's designee;
(13) The administrator of the department of human services' med-QUEST division or the administrator's designee;
(14) A representative from the American Academy of Pediatrics, Hawaii chapter;
(15) A family representative of a child with special health needs, to be chosen by the governor;
(16) A family representative of a child with general needs, to be chosen by the governor;
(17) The dean of the University of Hawaii at Manoa's school of nursing and dental hygiene or the dean's designee;
(18) The dean of Kapiolani community college's health sciences department or the dean's designee;
(19) A representative from a federally qualified community health center, to be chosen by the governor;
(20) A representative from Papa Ola Lokahi;
(21) A former innovative zone health care coordinator from the department of education, to be chosen by the superintendent of education; and
(22) Any other person the superintendent of education and director of health deem necessary for the success of the working group.
(c) The working group shall submit an interim report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2016. The interim report shall, at minimum, include:
(1) A finalized list of the membership of the working group;
(2) Information on the progress made toward developing the infrastructure of a school health program with a comprehensive, sustainable plan;
(3) A proposed work plan, timelines, and responsible parties therefor; and
(4) Recommendations concerning processes to maximize applicable federal matching funds for services provided through the school health program.
(d) The working group shall submit a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2017. The final report shall include all findings:
(1) Concerning the infrastructure necessary to establish a comprehensive, sustainable school health program; and
(2) Related to a sustainability plan with quality assurance and quality improvement parameters, including specific performance measures and goals for continued sustainability.
(e) No member of the interagency working group shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the interagency working group.
(f) The interagency working group shall cease to exist on December 31, 2016.
SECTION 3. This Act shall take effect upon its approval.
Interagency Working Group; School Health Program
Requires the Department of Education and Department of Health to jointly establish an interagency working group to create a comprehensive school health program. (SD1)
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