BILL NUMBER: AB 2171 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2000
AMENDED IN ASSEMBLY APRIL 3, 2000
INTRODUCED BY Assembly Member Florez
(Coauthors: Assembly Members Alquist, Bock, Cardoza,
Cunneen, Firebaugh, Honda, Kuehl, Longville, Washington, Wildman, and
Zettel)
(Coauthor: Senator Speier)
FEBRUARY 23, 2000
An act to add Article 3 (commencing with Section 49430) to Chapter
9 of Part 27 of the Education Code, relating to school nurses, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2171, as amended, Florez. School nurses: tobacco settlement
funds.
Existing law requires counties and school districts to give
initial consideration to the use of funds allocated pursuant to any
appropriation from any account in the Cigarette and Tobacco Products
Surtax Fund for the provision of health care to school populations
for credentialed school nurses and school nurse practitioners
employed by the school districts, except as stated, and to the extent
that those purposes are consistent with the Tobacco Tax and Health
Protection Act of 1988. Existing law provides the qualifications
required for school nurses and authorizes school nurses to provide
certain services if authorized by their local governing board.
This bill would create the Tobacco Settlement Fund in the State
Treasury into which the state share of all funds received from the
tobacco litigation Master Settlement Agreement of 1998 will be
deposited, commencing July 1, 2001. The bill would appropriate an
unspecified sum from the fund to be allocated pursuant to a schedule
to the State Department of Education for apportionment to school
districts and county offices of education, the California State
University, the University of California, and for the department's
administrative costs.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The increasing school population and ratio of pupils to
credentialed school nurses have jeopardized the ability of schools to
provide safe and appropriate health services to pupils.
(b) Seven percent of schools have a full-time credentialed school
nurse.
(c) Seventy-five percent of schools have a part-time credentialed
school nurse.
(d) Pupils requiring glucose monitoring are enrolled at 45 percent
of schools; 23 percent of these pupils require insulin injections.
(e) Increasing asthma rates among school children result in 94
percent of schools having children with asthma.
(f) Untrained and unsupervised school office staff administer
first aid and medication to pupils in 83 percent of schools.
SEC. 2. Article 3 (commencing with Section 49430) is added to
the Chapter 9 of Part 27 of the Education Code, to
read:
Article 3. Tobacco Settlement Fund.
49430. It is the intent of the Legislature to reach the stated
national goal of one credentialed school nurse to every 750 pupils in
general education and one credentialed school nurse to every 200
special education pupils.
49431. The Tobacco Settlement Fund is hereby created in the State
Treasury. Commencing July 1, 2001, the state share of all funds
received from the tobacco litigation Master Settlement Agreement of
1998 shall be deposited in the Tobacco Settlement Fund. The sum of
____ dollars ($____) is hereby appropriated from the Tobacco
Settlement Fund for allocation pursuant to the following schedule:
(a) The sum of fifty-six million thirty thousand dollars
($56,030,000) to the State Department of Education for the 2001-02
fiscal year.
(b) The sum of one hundred twelve million six hundred
thousand dollars ($112,600,000) sixty thousand dollars
($112,060,000) to the State Department of Education for the
2002-03 fiscal year.
(c) The sum of one hundred sixty-eight million ninety thousand
dollars ($168,090,000) to the State Department of Education for the
2003-04 fiscal year.
(d) The sum of two hundred twenty-four million one hundred twenty
thousand dollars ($224,120,000) to the State Department of Education
for the 2004-05 fiscal year.
(e) The sum of two hundred eight million one hundred
fifty thousand dollars ($208,150,000) eighty million
one hundred fifty thousand dollars ($280,150,000) to the State
Department of Education for the 2005-06 fiscal year.
(f) The sum of five million four hundred thousand dollars
($5,400,000) one hundred sixty-three thousand dollars
($163,000) for each school nurse credentialing program at the
California State University and University of California for the
2001-02, 2002-03, 2003-04, 2004-05, 2005-06 fiscal years, to
the State Department of Education for allocation to the California
State University and the University of California for purposes of
funding new students in existing school nurse credentialing programs.
(g) The sum of seven thousand five hundred dollars ($7,500) for
the 2001-02, 2002-03, 2003-04, 2004-05, and 2005-06 fiscal years for
each campus of the California State University and each community
college campus that is connected to the California State University
network for distance education to the State Department of
Education for allocation to those campuses .
(i)
(h) The sum of one hundred fifty thousand dollars ($150,000)
for the administrative costs of the State Department of Education.
49432. The funds allocated to the State Department of Education
in subdivisions (a) to (e), inclusive, of Section 49432 shall be
apportioned to school districts that maintain prekindergarten,
kindergarten, or grades 1 to 12, inclusive, including, but not
limited to, general education pupils, continuation and alternative
education programs, court and community schools overseen by county
offices of education, community day schools overseen by school
districts, and pregnant minor programs.
49433. For the 2001-02 fiscal year, the State Department of
Education shall apportion ten thousand dollars ($10,000) to each
school district and county office of education for allocation to
each school to supplement its school nursing services. For
the 2002-03, 2003-04, 2004-05, and 2005-06 fiscal years, the State
Department of Education shall apportion funds to school districts and
county offices of education with jurisdiction over eligible
schoolsites, based on pupil enrollment with a minimum allocation of
ten thousand dollars ($10,000) for each schoolsite.
49434. Funds allocated to schools shall be used for the
following:
(a) Assuring that schools with the greatest needs receive maximum
school nursing coverage on a daily basis.
(b) Developing comprehensive school health services and programs
provided and supervised by credentialed school nurses.
(c) Funding infrastructure for university school nurse
credentialing programs.
(d) Assuring every classroom has access, directly or indirectly,
to school nurse expertise.
(e) Supplementing, not supplanting existing funding.
(f) Training, monitoring, and supervising other caregivers in the
school setting.
(g) Providing health services required under existing law.
(h) Assuring collaborative links with other pupil support
personnel and community based groups.
(i) Providing additional health services, including, but not
limited to, all of the following:
(1) Case management services.
(2) Health and developmental assessments of pupils.
(3) Specialized physical health care procedures.
(4) Substance abuse prevention programs and health education
classes.
(5) Design and implementation of pupil health maintenance plans.
(6) Safe school issues, such as violence prevention, crisis
intervention, conflict resolution, and crisis response.
(j) Developing a process to assess outcomes and quality of
enhanced services provided.