senate Bill S28

2009-2010 Legislative Session

Requires that a registered professional nurse be in each school when medically fragile students are in attendance or when students are at major risk of injury

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Archive: Last Bill Status - In Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to education
Jan 07, 2009 referred to education

S28 - Bill Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Education Law

S28 - Bill Texts

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An act to amend the education law, in relation to the attendance of
certain trained health professionals in public school buildings

This bill would require a registered nurse to be on site at each
school building when medically vulnerable children are present, or
students are at major risk of injury.

This bill would add a new subdivision 4 to §902 of the Education Law
to require that a registered professional nurse be on staff in each
school building, in accordance with regulations prescribed by the
commissioner, during the hours when medically fragile students are in
attendance or when students are at major risk of injury.

Registered Nurses have the training needed to administer medical
treatment or care to students with health conditions, disabilities or
serious injuries. The need for having a trained health professional at
each school building has been growing as more and more children with
disabilities or developmental delays are being integrated into the
classrooms. However, even children with relatively common health
conditions can be put in jeopardy by a school's failure to make a
Registered Nurse available at all times. This was borne out in
January of 2005 when, according to media reports, a student in a
Nassau County Middle School suffered a diabetes related health
emergency and treatment was delayed because their was no nurse in the
school building, the medication was secured in a locked area, and no
trained health care provider was present to administer medication. In
this case, a potential crisis was averted when student's parent
arrived at the school.

Additionally, disabled, developmentally delayed, special education and
mentally challenged students may have a variety of preexisting medical
conditions that require constant medical monitoring that registered
nurses are best able to able to provide.

Student's engaged in athletic activities can suffer injuries requiring
immediate medial treatment; as are students in vocational education
classes which require the operation of tools and machinery. Teachers
and support personnel are not licensed medical professionals trained
to handle these potentially serious and dangerous medical conditions.
Enactment of this legislation will ensure that qualified professionals
are on staff in each school to provide an appropriate response to
these increasingly complex medical and physical exigencies.


This bill is substantially similar to S.4437/A.5449 introduced in the
2003-2004 Session, making only those changes needed to conform this
bill to the language of § 902 of the Education Law.

2007-2008 Education Committee (S.1536/A.1181)
2005-2006 Education Committee (S.1949/A.9532)
2003-2004 Education Committee (S.4437/A.5449)
2001-2002 Education Committee (S.3100/A.3051)
1999-2000 Education Committee (S.4976/A.743)

The average salary of a registered professional nurse is approximately
$40,000. Currently, there are 5,229 public school buildings in NYS.
About 2,100 registered professional nurses are employed in 1,785
public school buildings. The additional cost to school districts and
BOCES for RN salaries would be about $137,760,000.

September 1 after enactment.
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