PRINTER'S NO. 2016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1332
Session of
2020
INTRODUCED BY DINNIMAN, KILLION, BOSCOLA, MARTIN AND SABATINA,
SEPTEMBER 25, 2020
REFERRED TO EDUCATION, SEPTEMBER 25, 2020
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, further
providing for health services; and, in reimbursements by
Commonwealth and between school districts, further providing
for State reimbursement for health services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1402(a.1) and 2505.1(b.1) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, are amended and the sections are amended by adding
subsections to read:
Section 1402. Health Services.--* * *
(a.1) [Every child of school age shall be provided with
school nurse services: Provided, however, That the number of
pupils under the care of each school nurse shall not exceed one
thousand five hundred (1,500).] The following shall apply:
(1) In addition to the services specifically enumerated in
this section, every child of school age shall be provided with
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school nurse services, including, but not limited to, those
defined by the Department of Health.
(2) Except as provided in subsection (a.2), the number of
pupils under the care or supervision of each certificated school
nurse shall not exceed one thousand five hundred (1,500).
(3) When it is medically appropriate to do so, school nurse
services may be provided by means of a virtual or remote
connection, by which the student and the nurse may both see and
hear one another, provided that a nurse remains on call at all
times to promptly provide in-person services at the school when
medically indicated.
(a.2) The following shall apply to recovery from the
pandemic of 2020:
(1) This subsection applies only to the 2020-2021 school
year as a result of the need for the safety and health of
students while reopening schools during the global pandemic
declared by the World Health Organization on March 11, 2020.
(2) The following shall apply:
(i) Notwithstanding subsection (a.1), the number of pupils
under the care or supervision of each certificated school nurse
shall not exceed five hundred (500).
(ii) School nurse services shall be provided to public and
nonpublic school students in the schools which they attend on
each day when that school is in session, if at least one hundred
(100) students are enrolled in the school building of
attendance. School nurse services that shall be provided under
this subsection are the services specifically enumerated in this
section, subsection (a.1) and any other special needs or
services related to the pandemic of 2020, including, but not
limited to, a quarantine room.
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(iii) When appropriate, school nurse services that are
provided by a school district or joint school board to public
and nonpublic school children may be furnished by any of the
following:
(A) A registered nurse or licensed practical nurse who is
employed by a school district or joint school board and who is
acting under the supervision of and in consultation with a
certificated school nurse employed by a school district or joint
school board.
(B) A registered nurse or licensed practical nurse who is
employed by a licensed health care services provider, if the
school district or joint school board contracts for the services
with the licensed health care provider.
(C) A registered nurse or licensed practical nurse employed
by the nonpublic school at which the services are provided, if
the school district or joint school board contracts for the
services with the nonpublic school. Notwithstanding any
provision of law to the contrary, should this option be chosen,
the department shall reimburse the school district or joint
school board for the full amount of the contracted services.
* * *
Section 2505.1. State Reimbursement for Health Services.--*
* *
(b.1) Every school district which renders health services to
children shall be reimbursed by the Commonwealth on account of
health services which conform to standards approved by the
Secretary of Health. Reimbursement shall be paid by the
Secretary of Health. For the school year 1990-1991, the amount
of this reimbursement for this subsection shall be the sum of
five dollars and ninety cents ($5.90) multiplied by the average
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daily membership of each school district. For the school year
1991-1992 and each school year thereafter, the amount of this
reimbursement for this subsection shall be the sum of nine
dollars and seventy cents ($9.70) multiplied by the average
daily membership of each school district[.], provided that the
number of full-time nurses contracted for the 2020-2021 school
year that is greater than the number of full-time nurses
contracted for and included in the 2019-2020 school year
reimbursement shall not be included in the reimbursement
calculated under this subsection for the 2020-2021 school year.
If the additional full-time nurses were contracted for the
purpose of rendering health services in accordance with section
1402(a.2) for the 2020-2021 school year, those additional full-
time nurses for the 2020-2021 school year shall be reimbursed by
additional payment made by the Commonwealth under subsection
(b.2).
(b.2) The following shall apply to recovery from the
pandemic of 2020:
(1) This subsection applies only to the 2020-2021 school
year as a result of the need for the safety and health of
students while reopening schools during the global pandemic
declared by the World Health Organization on March 11, 2020.
(2) Notwithstanding subsection (b.1), every school district
and joint school district that contracts for health services for
public or nonpublic school students in accordance with section
1402(a.2) and that incurs an increase in expenditures in
rendering health services due to a need to increase the number
of full-time nurses contracted for services for a public or
nonpublic school shall receive a reimbursement for the
additional full-time nurse expenditure as follows:
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(i) Thirty-eight million dollars ($38,000,000) is hereby
appropriated from the COVID-19 Response Restricted Account under
section 110-C of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code.
(ii) Each school district or joint school district shall
determine the increase in its expenditures for the cost of
increase in the number of full-time nurses contracted for the
purpose of rendering health services in accordance with section
1402(a.2) for the 2020-2021 school year.
(iii) A one-time payment to each school district or joint
school district seeking reimbursement under this subsection
shall be made by the Secretary of Health.
* * *
Section 2. This act shall take effect immediately.
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