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Board Policy #S-5141.21

New Haven Unified School District
STUDENT POLICIES

Administering Medication And Monitoring Health Conditions    

The Governing Board believes that regular school attendance is critical to student learning and that students who need to take medication prescribed or ordered for them by their authorized health care providers should have an opportunity to participate in the educational program.

(cf. 5113 - Absences and Excuses)
(cf. 5113.1 - Chronic Absence and Truancy)

Any medication prescribed for a student with a disability who is qualified to receive services under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973, shall be administered in accordance with the student’s individualized education program or Section 504 services plan as applicable. 

(cf. 6159 – Individualized Education Program)
(cf. 6164.6 – Identification and Education Under Section 504)

For the administration of medication to other students during school or school-related activities, the Superintendent or designee shall develop protocols which shall include options for allowing a parent/guardian to administer medication to his/her child at school, designate other individuals to do so on his/her behalf, and, with the child’s authorized health care provider's approval, request the district's permission for his/her child to self-administer a medication or self-monitor and/or self-test for a medical condition.  Such processes shall be implemented in a manner that preserves campus security, minimizes instructional interruptions, and promotes student safety and privacy.

(cf. 1250 - Visitors/Outsiders)
(cf. 5141 - Health Care and Emergencies)
(cf. 5141.22 - Infectious Diseases)
(cf. 5141.23 - Asthma Management)
(cf. 5141.27 - Food Allergies/Special Dietary Needs)
(cf. 6116 - Classroom Interruptions)

In addition, the Superintendent or designee shall collaborate with city and county emergency responders, including local public health administrators, to design procedures or measures for addressing an emergency such as a public disaster or epidemic.

(cf. 3516 - Emergencies and Disaster Preparedness Plan)

Administration of Medication by School Personnel

Any medication prescribed by an authorized health care provider, including, but not limited to, emergency anti-seizure medication for a student who suffers, epileptic seizures, auto-injectable epinephrine, insulin, or glucagon, may be administered by the school nurse or other designated school personnel only when the Superintendent or designee has received written statements from both the student’s parent/guardian and authorized health care provider. (Education Code 49414.7, 49423; 5 CCR 600)

When medically unlicensed school personnel are authorized by law to administer any medication to students, such as emergency anti-seizure medication, auto-injectable epinephrine, insulin, or glucagon, the Superintendent or designee shall ensure that school personnel designated to administer any medication receive appropriate training, and as necessary, retraining from qualified medical personnel before any medication is administered.  At a minimum, the training shall cover how and when such medication should be administered, the recognition of symptoms and treatment, emergency follow-up procedures, and the proper documentation and storage of medication.  Such trained, unlicensed designated school personnel shall be supervised by and provided with immediate communication access to, a school nurse, physician, or other appropriate individual.  (Education Code 49414, 49414.5, 49414.7, 49423, 49423.1)

The Superintendent or designee shall maintain documentation of the training and ongoing supervision, as well as annual written verification of competency of such other designed school personnel.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

School nurses and other designated school personnel shall administer medications to students in accordance with law, Board policy, and administrative regulation and shall be afforded appropriate liability protection.

(cf. 3530 - Risk Management/Insurance)
(cf. 4119.42/4219.42/4319.42 - Exposure Control Plan for Bloodborne Pathogens)
(cf. 4119.43/4219.43/4319.43 - Universal Precautions)

Legal Reference:
EDUCATION CODE
48980  Notification at beginning of term
49407  Liability for treatment
49408  Emergency information
49414  Emergency epinephrine auto-injectors
49414.5  Providing school personnel with voluntary emergency training
49414.7  Emergency medical assistance: administration of epilepsy medication
49422-49427  Employment of medical personnel, especially:
49423  Administration of prescribed medication for student
49423.1  Inhaled asthma medication
49480  Continuing medication regimen; notice
BUSINESS AND PROFESSIONS CODE
2700-2837  Nursing, especially:
2726  Authority not conferred
2727  Exceptions in general
3501  Definitions
4119.2 Acquisition of epinephrine auto-injectors
CODE OF REGULATIONS, TITLE 5
600-611  Administering medication to students
620-627  Administration of emergency antiseizure medication by trained volunteer nonmedical school personnel
UNITED STATES CODE, TITLE 20
1232g  Family Educational Rights and Privacy Act of 1974
1400-1482  Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
794  Rehabilitation Act of 1973, Section 504
COURT DECISIONS
American Nurses Association v. Torlakson, (2013) 57 Cal.App.4th 570

Management Resources:
CSBA PUBLICATIONS
Pandemic Influenza, Fact Sheet, September 2007
AMERICAN DIABETES ASSOCIATION PUBLICATIONS
Glucagon Training Standards for School Personnel:  Providing Emergency Medical Assistance to Pupils with Diabetes, May 2006
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Legal Advisory on Rights of Students with Diabetes in California's K-12 Public Schools, August 2007
Training Standards for the Administration of Epinephrine Auto-Injectors, December 2004
NATIONAL DIABETES EDUCATION PROGRAM PUBLICATIONS
Helping the Student with Diabetes Succeed:  A Guide for School Personnel, June 2003
WEB SITES
CSBA:  http://www.csba.org
American Diabetes Association:  http://www.diabetes.org
California Department of Education, Health Services and School Nursing:  http://www.cde.ca.gov/ls/he/hn
National Diabetes Education Program:  http://www.ndep.nih.gov
U.S. Department of Health and Human Services, National Institutes of Health, Blood Institute, asthma information:  http://www.nhlbi.nih.gov/health/public/lung/index.htm#asthma

First Reading
February 1, 1994
April 3, 2007
November 13, 2012
May 3, 2016

Second Reading
March 1, 1994
May 1, 2007
December 11, 2012
May 17, 2016

Administrative Regulation for Board Policy 5141.21