STATUTORY REQUIREMENTS
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1 STILLWATER AREA SCHOOLS STATUTORY REQUIREMENTS Policy Title Policy Level Date Approved School Health Related Programs SR It is the policy of I.S.D. 834 to comply with all applicable laws related to school health programs. The Board of Education directs the superintendent/designee to implement rules and procedures in accordance with applicable law in the following areas: 1. Health Screening 2. Health Assessments 3. Immunizations 4. Health Records 5. Illness/Communicable Disease 6. Accidents 7. Medications 8. Medically Fragile Students 9. Reporting Serious Illness Updated: ; ; ADMINISTRATIVE PROCEDURES AND REGULATIONS School Health Related Programs 1. Health Screening An Early Childhood Health and Developmental Screening is required for all children before entering Kindergarten or first grade in a public school in the State of Minnesota. A child must not be enrolled in Kindergarten or first grade unless a record indicating the month and year the child received screening and the results of the screening are submitted to the school principal or other designated school personnel. School District 834 notifies all parents/guardians of this requirement and makes this Health and Developmental Screening available to all children and families before kindergarten entrance. Those students entering school shall be given one month to show proof of screening. Students failing to show proof within this period of time will be excluded from school until proof of screening is submitted. It shall be the responsibility of Health Services to see that this requirement has been met upon a child s first entrance into a school program (K or 1 st grade) and to alert the principal if a student has not met this requirement. It shall be the responsibility of the building principal to set up procedures to enforce this rule. Vision screening is conducted annually for students in grades 1 3, 4, and 5 and new students entering the district not previously screened. Students may also be screened upon parent or teacher request or by the licensed school nurse when such assessment is appropriate. Hearing screening is conducted for new students entering the district that have not been previously screened. Students may also be screened upon parent or teacher request or by the licensed school nurse when such assessment is appropriate. Scoliosis screening is conducted for all fifth grade female students and eighth grade female and male students.
2 Early Childhood Screening Law M.S. 121A Health Assessment Each student, upon entering Kindergarten and again upon entering 7 th grade, shall submit a report of physical examination to the school health room. If a parent or legal guardian objects to such physical examination on constitutional grounds, they shall notify the principal of such in writing. If a student has classroom/activity limitations due to a medical condition, the parent/guardian will request the physician complete a Medical Activity Guide form and submit it to the building principal/designee. If a student s medical condition requires medical treatments be carried out at school, the parent/guardian will request the physician to complete a written order for treatments. Determination on if and how treatments can/should be carried out safely and effectively at school will be made by a school team that will consist of the school nurse and parent/guardian and may include the principal and teacher. Other health assessments are provided as appropriate by the school nurse. General powers of independent school districts M.S. 123B.02 Health standards; newly enrolled students M.S. 121A.15; 3. Immunizations No student may be enrolled or remain enrolled in any elementary or secondary school within District 834 until the student or the student s parent or guardian has submitted to the designated school district administrator one of the following statements: 1. A statement, from a parent, physician or a public clinic which provides immunizations, stating that the student received the immunizations indicating day, month and year as required by law, consistent with medically acceptable standards; or 2. A statement, from a physician or a public clinic which provides immunizations, stating that the student received the primary schedule of immunizations required by law and has commenced a schedule of the remaining required immunizations, indicating the day, month and year each immunization was administered, consistent with medically acceptable standards. 3. No student may be enrolled or remain enrolled in any elementary or secondary school within the school district until the student or the student s parent or guardian has submitted the required data. The school district may allow a student transferring into a school a maximum of 30 days to submit a statement required by this policy. If the student fails to do so within 30 days, the student will be excluded from school until the required statement and immunization documentation is provided. It shall be the responsibility of the Director of Student Support Services to set up procedures to enforce this policy and to notify parents and students of the immunization requirements and the consequences for failure to provide the required documentation. The district shall review student health records to determine whether the required information has been provided. Exemptions from immunizations: 1. If a person is at least 7 years old and has not been immunized against pertussis, the person must not be required to be immunized against pertussis. 2. If a person is at least 5 years old and has not been immunized against haemonphilus influenza type b, the person is not required to be immunized against haemophilus influenza type b. 3. If a person is at least 18 years old and has not completed the polio series, the person may not be required to complete the series. 4. If a statement signed by a physician is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that an immunization is contraindicated for medical reasons or that laboratory confirmation of the presence of adequate immunity exists, the immunization specified in the statement need not be required. 5. If a notarized statement signed by the minor child s parent or guardian or by the emancipated person is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that the person has not been immunized because of
3 the conscientiously held beliefs of the parent or guardian of the minor child or of the emancipated person, the immunizations specified in the statement shall not be required. 6. The parent or guardian of persons receiving instruction in a home school shall submit one of the required immunization statements to the superintendent of District 834 by October 1 of each year. When there is evidence of the presence of a communicable disease, or when required by any state or federal agency and/or state or federal law, students and/or their parents or guardians may be required to submit such other health care data as is necessary to ensure that the student has received any necessary immunizations and/or is free of any communicable diseases. 7. The district will maintain a file containing the immunization records for each student in attendance at the school district for at least 5 years after the student attains the age of majority. Upon request, the school district may exchange immunization data with persons or agencies providing services on behalf of the student without the consent of the student s parent or guardian. Under all other circumstances, immunization data is private data and disclosure of such data shall be governed by the district s data practices policy. Minnesota School Immunization Law M.S. 121A Health Records Each school is required by law to maintain a health record for every student. This record shows evidence of immunization and screening dates. It also may contain pertinent health data about a student. All health records are legally considered private data under Minnesota law. Health records; children of school age. M.S Illness/Communicable Disease If a student becomes ill at school, the teacher or Health Service staff shall isolate the student and an appropriate assessment will be made to determine if the parent/guardian should be notified and the student be sent home. If upon assessment, a student is suspected of having a communicable disease, Health Service staff shall refer to the, Infectious Diseases of Children to determine exclusion and return to school protocol. The parent or guardian will be notified of the possibility of a communicable disease and the recommended school protocol. Communicable Disease School Restriction Guideline 6. Accidents When a student is injured while at school, school health staff shall administer first aid according to guidelines set forth by the District and under the direction of the school nurse. If, in the judgement of the Health Service staff, principal, or other school official acting in their stead, the injury requires emergency medical attention, 911 will be called and the parent or guardian notified as soon as possible. The School District shall not honor requests to withhold emergency care or Do Not Resuscitate/Do Not Intubate Orders, in compliance with School District Policy. If an injury is not identified as emergency but medical care by a physician is indicated, the parent/guardian will be notified as soon as possible. Accident Report Forms A student injured in school or on the school grounds should report to the health room. A School Accident Report may be completed by a student or staff person witnessing the accident when deemed appropriate. This shall be given to the school nurse and principal for review and filed in the health room. 7. Medications Diagnosis and treatment of illness and the prescribing of drugs and medications are never the responsibility of a school and should not be practiced by any school personnel.
4 It is the expectation of the District that all students medications be administered by a parent at home. However, the District acknowledges that some students may require prescribed medication during the school day. If such medication is necessary during school hours, the School District s licensed school nurse or designated person(s) shall administer the medication in compliance with appropriate law and School District administrative procedures, which follow. This medication policy shall apply to all students regardless of age. The administration of prescription medication at school requires that a signed request from the student s parent, the submission of School District Health Form M-2, and the written prescription label be provided to the school. For medication used by children with a disability, administration may be as provided in the student s IEP, Section 504 Plan, or IHP. When medication is to be administered by a school nurse or designee during the school day: 1. Written instructions signed by parent and physician s or health care professional s order shall be required and shall include: a. Student s name b. Name of medication c. Purpose of medication d. Time(s) to be administered e. Dosage f. Possible side effects g. Termination date for administering the medication 2. The medication must be supplied in the original prescription bottle or container properly labeled by a pharmacist or physician. The medication will only be administered in a manner consistent with the physician s or health care professional s order and consistent with generally accepted medical practices. The school nurse may request to receive further information about the prescription, if needed, prior to administration of the medication. 3. The school nurse or designee, shall: a. Inform appropriate school personnel of the medication. b. Administer the medication per physician s or health care professional s orders. c. Keep a record of the administration of medication. d. Keep medication in a locked cabinet. Prescription medications shall not be carried by the student, but will be left with the appropriate school district personnel, except as specified on a self-administration form. 4. The parents of the student shall assume responsibility for immediately informing the school nurse of any change in the student s health or change in medication and for immediately providing a new medical authorization or container label with new pharmacy or physician or health care professional instructions. 5. A copy of this procedure or policy shall be provided to parents upon their request for administration of medication in the schools. Nutritional supplements and nonprescription medication, including but not limited to aspirin, shall not be administered to students under any circumstances by school personnel apart from this process. Students observed by school personnel self administering unauthorized medications shall be reported to their parents. The following items are not covered by this Medications Policy: 1. Special health treatments such as catheterization, tracheostomy suctioning, and gastrostomy feedings; 2. Emergency health procedures, including emergency administration of medications that are deemed necessary in the judgment of school personnel who are present or available, when the risk to the student s life or health is of such a nature that medications should be administered on an emergency basis without delay; 3. Medications provided or administered by a public health agency to prevent or control an illness or a disease outbreak; 4. Medications used off school grounds, except on school sponsored field trips for which a field trip health medication permission form must be completed and signed by a parent; 5. Medications used in connection with athletics or extracurricular activities; or
5 6. Medications used in connection with activities that occur before or after the regular school day. The School District shall not administer medications for circumstances involving numbers five and six above. Minnesota Department of Education Guidelines Minnesota Statute 121A.22 Nurse Practice Act 8. Medically Fragile Children Independent School District 834 supports inclusion of medically fragile students in conventional school settings. Efforts will be made to provide safe and healthy environments where students health needs are met by licensed health professionals and trained support staff. If health care needs of students exceed that which can reasonably be met in a student s neighborhood school or other conventional settings, an alternative education program will be determined. Students health needs and appropriate school setting will be determined by the building team, including the school s nurse. 9. Reporting Serious Illness or Death of a Student under an Individualized Education Plan (IEP) Independent School District 834 is legally responsible for reporting to the Office of the Ombudsman for Mental Health and Mental Retardation the serious injury or death of a student who qualifies for special education services based upon the following eligibility criteria: autism, emotional-behavioral disorders, mental impairments, other health impairments including ADHD, traumatic brain injury, or early childhood. The reporting must be done within 24 hours after the student, who is subject to the statute, suffers death or serious injury. The School District will report serious injuries as defined by Minn. Stat Minnesota Statute 245.9
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