72-5214.Health assessments; definitions;requirements, alternatives;duties of school boards.(a) As used in this section:
(1) "School board" means the board of education of a school districtand the governing authority of any nonpublic school;
(2) "school" means all elementary schoolswithin the state;
(3) "local health department" means any county or joint board ofhealth having jurisdiction over the place where any pupil affected by thissection may reside;
(4) "secretary" means the secretary of health and environment;
(5) "physician" means a person licensed to practice medicine and surgery;
(6) "nurse" means a person licensed to practice professional nursing;
(7) "health assessment" means a health history, physicalexamination and such screening tests as are medically indicated to determinehearing ability, vision ability, nutrition adequacy andappropriate growth and development;
(8) "clinic" means an indigent health care clinic as defined by K.S.A.75-6102 and amendments thereto.
(b) Subject to the provisions of subsection (d) and subsection (g), on andafter July 1, 1994,every pupil up to the age of nine years who has not previously enrolled inany school in this state, priorto admission to and attendance in school, shall present to the appropriateschool board the results of a health assessment, pursuant to subsection (g),which assessment shall havebeen conducted within 12 months of schoolentry by a nurse who has completed thedepartment of health and environment training and certification, bya physician or by a person acting under the direction of a physician. Information contained in the health assessment shall beconfidential and shall not be disclosed or made public beyond that necessaryunder this section except that: (1) Information contained in the healthassessment may be disclosed to school board personnel but only to the extentnecessary to administer this section and protect the health of the pupil; (2)if a medical emergency exists, the information contained in the healthassessment may be disclosed to medical personnel to the extent necessary toprotect the health of the pupil; (3) if the parent or guardian of a pupil under18 years of age consents to the disclosure of the information contained in thehealth assessment or, if the pupil is 18 years of age or older, if the pupilconsents to the disclosure of the information; and (4) if no person can beidentified in the information to be disclosed and the disclosure is forstatistical purposes.
(c) As an alternative to the health assessment required under subsection(b), a pupil shall present:
(1) A written statement signed by one parent or guardian that thechild is an adherent of a religious denomination whose religiousteachings are opposed to such assessments; or
(2) a written statement signed by one parent or guardian that suchassessment will be scheduled and completed within 90 days after admission toschool.
(d) Prior to the commencement of each school year, the school boardof every school affected by this section shall give to all known pupils whowill be enrolling in the school and who are subject to therequirements of subsection (b) or (c)(1) and (2), a copy of any policyregarding the implementation of the provisions of this sectionadopted by the school board.
(e) If a pupil transfers from one school to another, the schoolboardof the school from which the pupil transfers shall forward with the pupil'stranscript, upon request of the parent or guardian of the pupil therefor,the results of the health assessment showingevidence of compliance with the requirements of this section to the schoolboard of the school to which the pupil transfers.
(f) Local health departments and clinics maycharge a sliding fee for providing such health assessments based on abilityto pay and no pupilshall be denied the health assessment due to inability to pay.The local health officer shall counsel andadvise local school boards on the administration of thissection. The secretary may adopt rules and regulations to awardgrants to assist local health departments and clinics in providing such healthassessments,consistent with state appropriations.
(g) The secretary may adopt rules andregulations necessary to carry out the provisions of this section,but shall not prescribe a form on which the results of health assessments arereported.
(h) The school board of every school affected by this sectionmay excludefrom school attendance, or by policy adopted by any such school board authorizeany certificated employee or committee of certificated employees to excludefrom school attendance, any pupil who is subject to and who has not compliedwith the requirements of subsection (b) or (c). A pupil shall be subject toexclusion from school attendance under this section until such time as thepupil shall have complied with the requirements of subsection (b) or (c). Thepolicy shall include provisions for written notice to be given to the parent orguardian of the involved pupil. The notice shall indicate the reason for theexclusion from school attendance, state that the pupil shall continue to beexcluded until the pupil has complied with the requirements of subsection (b)or (c) and inform the parent or guardian that a hearing thereon shall beafforded the parent or guardian upon request for a hearing.
(i) The provisions of K.S.A. 72-1111 and amendments thereto donot apply to any pupil while excluded from school attendanceunder the provisions of subsection (h).
72-5214.Health assessments; definitions;requirements, alternatives;duties of school boards.(a) As used in this section:
(1) "School board" means the board of education of a school districtand the governing authority of any nonpublic school;
(2) "school" means all elementary schoolswithin the state;
(3) "local health department" means any county or joint board ofhealth having jurisdiction over the place where any pupil affected by thissection may reside;
(4) "secretary" means the secretary of health and environment;
(5) "physician" means a person licensed to practice medicine and surgery;
(6) "nurse" means a person licensed to practice professional nursing;
(7) "health assessment" means a health history, physicalexamination and such screening tests as are medically indicated to determinehearing ability, vision ability, nutrition adequacy andappropriate growth and development;
(8) "clinic" means an indigent health care clinic as defined by K.S.A.75-6102 and amendments thereto.
(b) Subject to the provisions of subsection (d) and subsection (g), on andafter July 1, 1994,every pupil up to the age of nine years who has not previously enrolled inany school in this state, priorto admission to and attendance in school, shall present to the appropriateschool board the results of a health assessment, pursuant to subsection (g),which assessment shall havebeen conducted within 12 months of schoolentry by a nurse who has completed thedepartment of health and environment training and certification, bya physician or by a person acting under the direction of a physician. Information contained in the health assessment shall beconfidential and shall not be disclosed or made public beyond that necessaryunder this section except that: (1) Information contained in the healthassessment may be disclosed to school board personnel but only to the extentnecessary to administer this section and protect the health of the pupil; (2)if a medical emergency exists, the information contained in the healthassessment may be disclosed to medical personnel to the extent necessary toprotect the health of the pupil; (3) if the parent or guardian of a pupil under18 years of age consents to the disclosure of the information contained in thehealth assessment or, if the pupil is 18 years of age or older, if the pupilconsents to the disclosure of the information; and (4) if no person can beidentified in the information to be disclosed and the disclosure is forstatistical purposes.
(c) As an alternative to the health assessment required under subsection(b), a pupil shall present:
(1) A written statement signed by one parent or guardian that thechild is an adherent of a religious denomination whose religiousteachings are opposed to such assessments; or
(2) a written statement signed by one parent or guardian that suchassessment will be scheduled and completed within 90 days after admission toschool.
(d) Prior to the commencement of each school year, the school boardof every school affected by this section shall give to all known pupils whowill be enrolling in the school and who are subject to therequirements of subsection (b) or (c)(1) and (2), a copy of any policyregarding the implementation of the provisions of this sectionadopted by the school board.
(e) If a pupil transfers from one school to another, the schoolboardof the school from which the pupil transfers shall forward with the pupil'stranscript, upon request of the parent or guardian of the pupil therefor,the results of the health assessment showingevidence of compliance with the requirements of this section to the schoolboard of the school to which the pupil transfers.
(f) Local health departments and clinics maycharge a sliding fee for providing such health assessments based on abilityto pay and no pupilshall be denied the health assessment due to inability to pay.The local health officer shall counsel andadvise local school boards on the administration of thissection. The secretary may adopt rules and regulations to awardgrants to assist local health departments and clinics in providing such healthassessments,consistent with state appropriations.
(g) The secretary may adopt rules andregulations necessary to carry out the provisions of this section,but shall not prescribe a form on which the results of health assessments arereported.
(h) The school board of every school affected by this sectionmay excludefrom school attendance, or by policy adopted by any such school board authorizeany certificated employee or committee of certificated employees to excludefrom school attendance, any pupil who is subject to and who has not compliedwith the requirements of subsection (b) or (c). A pupil shall be subject toexclusion from school attendance under this section until such time as thepupil shall have complied with the requirements of subsection (b) or (c). Thepolicy shall include provisions for written notice to be given to the parent orguardian of the involved pupil. The notice shall indicate the reason for theexclusion from school attendance, state that the pupil shall continue to beexcluded until the pupil has complied with the requirements of subsection (b)or (c) and inform the parent or guardian that a hearing thereon shall beafforded the parent or guardian upon request for a hearing.
(i) The provisions of K.S.A. 72-1111 and amendments thereto donot apply to any pupil while excluded from school attendanceunder the provisions of subsection (h).
72-5214.Health assessments; definitions;requirements, alternatives;duties of school boards.(a) As used in this section:
(1) "School board" means the board of education of a school districtand the governing authority of any nonpublic school;
(2) "school" means all elementary schoolswithin the state;
(3) "local health department" means any county or joint board ofhealth having jurisdiction over the place where any pupil affected by thissection may reside;
(4) "secretary" means the secretary of health and environment;
(5) "physician" means a person licensed to practice medicine and surgery;
(6) "nurse" means a person licensed to practice professional nursing;
(7) "health assessment" means a health history, physicalexamination and such screening tests as are medically indicated to determinehearing ability, vision ability, nutrition adequacy andappropriate growth and development;
(8) "clinic" means an indigent health care clinic as defined by K.S.A.75-6102 and amendments thereto.
(b) Subject to the provisions of subsection (d) and subsection (g), on andafter July 1, 1994,every pupil up to the age of nine years who has not previously enrolled inany school in this state, priorto admission to and attendance in school, shall present to the appropriateschool board the results of a health assessment, pursuant to subsection (g),which assessment shall havebeen conducted within 12 months of schoolentry by a nurse who has completed thedepartment of health and environment training and certification, bya physician or by a person acting under the direction of a physician. Information contained in the health assessment shall beconfidential and shall not be disclosed or made public beyond that necessaryunder this section except that: (1) Information contained in the healthassessment may be disclosed to school board personnel but only to the extentnecessary to administer this section and protect the health of the pupil; (2)if a medical emergency exists, the information contained in the healthassessment may be disclosed to medical personnel to the extent necessary toprotect the health of the pupil; (3) if the parent or guardian of a pupil under18 years of age consents to the disclosure of the information contained in thehealth assessment or, if the pupil is 18 years of age or older, if the pupilconsents to the disclosure of the information; and (4) if no person can beidentified in the information to be disclosed and the disclosure is forstatistical purposes.
(c) As an alternative to the health assessment required under subsection(b), a pupil shall present:
(1) A written statement signed by one parent or guardian that thechild is an adherent of a religious denomination whose religiousteachings are opposed to such assessments; or
(2) a written statement signed by one parent or guardian that suchassessment will be scheduled and completed within 90 days after admission toschool.
(d) Prior to the commencement of each school year, the school boardof every school affected by this section shall give to all known pupils whowill be enrolling in the school and who are subject to therequirements of subsection (b) or (c)(1) and (2), a copy of any policyregarding the implementation of the provisions of this sectionadopted by the school board.
(e) If a pupil transfers from one school to another, the schoolboardof the school from which the pupil transfers shall forward with the pupil'stranscript, upon request of the parent or guardian of the pupil therefor,the results of the health assessment showingevidence of compliance with the requirements of this section to the schoolboard of the school to which the pupil transfers.
(f) Local health departments and clinics maycharge a sliding fee for providing such health assessments based on abilityto pay and no pupilshall be denied the health assessment due to inability to pay.The local health officer shall counsel andadvise local school boards on the administration of thissection. The secretary may adopt rules and regulations to awardgrants to assist local health departments and clinics in providing such healthassessments,consistent with state appropriations.
(g) The secretary may adopt rules andregulations necessary to carry out the provisions of this section,but shall not prescribe a form on which the results of health assessments arereported.
(h) The school board of every school affected by this sectionmay excludefrom school attendance, or by policy adopted by any such school board authorizeany certificated employee or committee of certificated employees to excludefrom school attendance, any pupil who is subject to and who has not compliedwith the requirements of subsection (b) or (c). A pupil shall be subject toexclusion from school attendance under this section until such time as thepupil shall have complied with the requirements of subsection (b) or (c). Thepolicy shall include provisions for written notice to be given to the parent orguardian of the involved pupil. The notice shall indicate the reason for theexclusion from school attendance, state that the pupil shall continue to beexcluded until the pupil has complied with the requirements of subsection (b)or (c) and inform the parent or guardian that a hearing thereon shall beafforded the parent or guardian upon request for a hearing.
(i) The provisions of K.S.A. 72-1111 and amendments thereto donot apply to any pupil while excluded from school attendanceunder the provisions of subsection (h).
