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

                                  1173

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. CURRAN,
  RAIA -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education  law, in relation to compensation for
  national board certification for school nurses

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

  Section  1. The education law is amended by adding a new article 20 to
read as follows:
                               ARTICLE 20
       STATE BOARD FOR CERTIFICATION OF SCHOOL NURSE GRANT PROGRAM
SECTION 950. STATE BOARD FOR  NATIONAL  CERTIFICATION  OF  SCHOOL  NURSE
               GRANT PROGRAM.
  S  950.  STATE  BOARD FOR NATIONAL CERTIFICATION OF SCHOOL NURSE GRANT
PROGRAM. 1.   NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  LAW,  THE
COMMISSIONER  SHALL ESTABLISH THE STATE BOARD FOR NATIONAL CERTIFICATION
OF SCHOOL NURSE GRANT PROGRAM, TO BE USED BY THE  DEPARTMENT  TO  DEFRAY
ANY  COSTS INCURRED BY AN ELIGIBLE REGISTERED SCHOOL NURSE, AS THAT TERM
IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND HIS OR HER  SPONSOR-
ING  SCHOOL  DISTRICT,  WHERE  SUCH  ELIGIBLE NURSE SEEKS NATIONAL BOARD
CERTIFICATION FROM THE NATIONAL BOARD FOR CERTIFICATION OF SCHOOL  NURS-
ES.
  2.  AS  USED IN THIS SECTION, "ELIGIBLE SCHOOL NURSE" SHALL MEAN A NEW
YORK STATE REGISTERED SCHOOL NURSE WHO:
  (A) IS CURRENTLY EMPLOYED IN A NEW YORK STATE PUBLIC SCHOOL; AND
  (B) HOLDS A VALID NEW YORK STATE LICENSE AS A REGISTERED  PROFESSIONAL
NURSE PURSUANT TO SECTION SIXTY-NINE HUNDRED FIVE OF THIS CHAPTER.
  3.  UNDER  THE  PROVISIONS  OF  THIS SECTION AND SUBJECT TO THE FILING
REQUIREMENT DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, A GRANT IN AN
AMOUNT OF UP TO THREE HUNDRED DOLLARS SHALL BE MADE AVAILABLE  FROM  THE
STATE  BOARD FOR NATIONAL CERTIFICATION OF SCHOOL NURSE GRANT PROGRAM TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02405-01-3

A. 1173                             2

EACH ELIGIBLE SCHOOL NURSE TO DEFRAY THE EXPENSES  OF  CERTIFICATION  BY
THE  NATIONAL  BOARD  FOR  CERTIFICATION  OF SCHOOL NURSES. SUCH SUM MAY
INCLUDE THE DIRECT REIMBURSEMENT BY THE DEPARTMENT TO THE ELIGIBLE NURS-
ES'  SPONSORING  SCHOOL DISTRICT FROM THE TOTAL GRANT AWARD TO COVER THE
COST OF HIRING A SUBSTITUTE SCHOOL NURSE FOR UP TO  THREE  DAYS  OR  THE
DURATION OF SUCH ELIGIBLE NURSE'S APPROVED LEAVE, WHICHEVER IS LESS.
  4.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR PROMULGATING ANY REGU-
LATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION,  INCLUD-
ING:
  (A)  ESTABLISHING WITHIN THE DEPARTMENT AN APPLICATION FORM AND FILING
DEADLINE REQUIREMENTS TO BE UTILIZED BY ELIGIBLE SCHOOL NURSES  APPLYING
FOR  A  GRANT  FROM THE STATE BOARD FOR NATIONAL CERTIFICATION OF SCHOOL
NURSE GRANT PROGRAM;
  (B) ESTABLISHING A MECHANISM FOR PROCESSING AND APPROVING APPLICATIONS
WITHIN THE DEPARTMENT;
  (C) ESTABLISHING A MECHANISM TO  ALLOCATE  GRANT  AWARDS  TO  APPROVED
ELIGIBLE SCHOOL NURSES; AND
  (D)  ESTABLISHING A MECHANISM TO REIMBURSE SPONSORING SCHOOL DISTRICTS
FOR UP TO THREE DAYS OF APPROVED LEAVE AS DESCRIBED IN SUBDIVISION THREE
OF THIS SECTION.
  5. AN ELIGIBLE SCHOOL NURSE FOR WHOM THE STATE  PAYS  A  PARTICIPATION
FEE SHALL BE LIABLE FOR REPAYMENT OF THE GRANT TO THE DEPARTMENT IF SUCH
ELIGIBLE SCHOOL NURSE:
  (A) DOES NOT COMPLETE THE PROCESS; OR
  (B)  COMPLETES  THE  PROCESS,  BUT  DOES  NOT WORK IN A NEW YORK STATE
PUBLIC SCHOOL FOR AT LEAST ONE FULL YEAR AFTER ACHIEVING NATIONAL  BOARD
CERTIFICATION.
  6. REPAYMENT OF THE GRANT IS NOT REQUIRED:
  (A)  IF  THE CERTIFICATION PROCESS IS NOT COMPLETED OR IF THE ELIGIBLE
SCHOOL NURSE FAILS TO WORK FOR ONE FULL YEAR AFTER COMPLETION DUE TO HIS
OR HER DEATH OR DISABILITY OR SOME OTHER  EXTENUATING  CIRCUMSTANCES  AS
MAY BE RECOGNIZED BY THE BOARD OF REGENTS; OR
  (B)  IF  THE  ELIGIBLE SCHOOL NURSE COMPLETES THE PROCESS BUT DOES NOT
ACHIEVE CERTIFICATION.
  S 2. This act shall take effect immediately.