The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9411

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. CAHILL, GUNTHER, BENEDETTO, COLTON, ENGLEBRIGHT,
  ORTIZ, PEOPLES-STOKES, PHEFFER, P. RIVERA, MARKEY, MILLMAN  --  Multi-
  Sponsored  by  --  M.    of  A.  COOK,  FARRELL,  HOOPER, JOHN, PERRY,
  J. RIVERA, SKARTADOS, TOWNS, WEISENBERG -- read once and  referred  to
  the Committee on Education

AN  ACT  to  amend the education law, in relation to public school nurse
  staffing determinations in consultation with a nursing association

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  1  of section 901 of the education law, as
amended by section 57 of part A1 of chapter 58 of the laws of  2006,  is
amended to read as follows:
  1.  School  health  services,  as  defined  in subdivision two of this
section, shall be provided by each  school  district  for  all  students
attending  the  public schools in this state, [except in the city school
district of the city of New York,] as provided in this  article.  School
health  services shall include the services of a registered professional
nurse[, if one is employed,] and shall also include such services as may
be rendered as provided in this article in examining  students  for  the
existence  of  disease or disability and in testing the eyes and ears of
such students.
  S 2. Paragraph b of subdivision 2 of section 902 of the education law,
as amended by chapter 501 of the laws of 2005, is  amended  to  read  as
follows:
  b.  Any  such board or trustees [may] OF EACH SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES SHALL employ  [one  or  more  school
nurses,  who  shall  be registered professional nurses, as well as other
health professionals, as may be  required.]  A  MINIMUM  OF  ONE  SCHOOL
NURSE,  WHO  SHALL  BE  A  REGISTERED PROFESSIONAL NURSE, IN EACH SCHOOL
BUILDING.  ANY SUCH BOARD OR TRUSTEES OF EACH SCHOOL DISTRICT  OR  BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  EMPLOY OTHER HEALTH PROFES-
SIONALS, AS MAY BE REQUIRED. Such  registered  professional  nurses  and
other  health  professionals  shall  aid  the  director of school health

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00585-02-9

A. 9411                             2

services of the district and shall perform such duties, including health
instruction for the benefit of the public schools as may  be  prescribed
by  such board or trustees OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
in compliance with each such health professional's practice act.
  S 3.  This act shall take effect immediately.