(1) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils, and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law authorizes a school nurse, if authorized by the governing board of the school district, to perform various pupil health care services. Existing law requires a school nurse to be currently licensed as a registered nurse, as provided, and to have met the minimum requirements for a credential in school nursing, as specified.

This bill would require a licensed vocational nurse, as defined, hired pursuant to this bill to be supervised by a credentialed school nurse, as defined, who is employed as a school nurse at the same local educational agency (LEA) or at another LEA. The bill would prohibit interpreting that provision to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act. The bill would require an LEA employing a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, and a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, pursuant to these provisions to have indemnification for the supervisorial liability, as specified. The bill would require certain LEAs to enter into a written agreement containing specified information, including, among other information, a communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate, as provided. The bill would require an LEA to only hire a licensed vocational nurse if a diligent search has been conducted for a suitable credentialed school nurse each school year, as provided. The bill would require a local educational agency to seek approval from its governing board or body before hiring a licensed vocational nurse, including by submitting a declaration to its governing board or body containing certain information. The bill would require a local educational agency electing to hire a licensed vocational nurse to certify to the State Department of Education, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.

The bill would, if an LEA uses its authority pursuant to the above-mentioned provisions, require the local educational agency to report its use of that authority to the department. The bill would require the department to, on or before January 1, 2028, submit a report to the Legislature containing a list of the LEAs that have used that authority, as provided. The bill would repeal the above-mentioned provisions on January 1, 2029.

(2) Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons, including, among others, certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing.

This bill would expand that described authorization to allow those tests to be additionally given by certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing.

(3) Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified. Existing law requires this appraisal to include tests for visual acuity, including near vision and color vision, as provided.

This bill would require the vision appraisal to additionally include tests for far vision. To the extent this imposes additional duties on school districts, the bill would impose a state-mandated local program.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.