(1) The
attendance of every child at every public school in the state
shall be conditioned upon the presentation before or on each
child's first day of attendance at a particular school of a
medication or treatment order addressing any life-threatening
health condition that the child has that may require medical
services to be performed at the school. Once such an order has
been presented, the child shall be allowed to attend school.
(2) The chief administrator of every public school shall
prohibit the further presence at the school for any and all
purposes of each child for whom a medication or treatment order
has not been provided in accordance with this section if the
child has a life-threatening health condition that may require
medical services to be performed at the school and shall continue
to prohibit the child's presence until such order has been
provided. The exclusion of a child from a school shall be
accomplished in accordance with rules of the state board of
education. Before excluding a child, each school shall provide
written notice to the parents or legal guardians of each child or
to the adults in loco parentis to each child, who is not in
compliance with the requirements of this section. The notice
shall include, but not be limited to, the following: (a) The
requirements established by this section; (b) the fact that the
child will be prohibited from further attendance at the school
unless this section is complied with; and (c) such procedural due
process rights as are established pursuant to this section.
(3) The superintendent of public instruction in consultation
with the state board of health shall adopt rules under chapter 34.05 RCW that establish the procedural and substantive due
process requirements governing the exclusion of children from
public schools under this section. The rules shall include any
requirements under applicable federal laws.
(4) As used in this section, "life-threatening condition"
means a health condition that will put the child in danger of
death during the school day if a medication or treatment order
and a nursing plan are not in place.
(5) As used in this section, "medication or treatment order"
means the authority a registered nurse obtains under RCW 18.79.260(2).
[2006 c 263 § 911; 2002 c 101 § 1.]
NOTES:
Findings -- Purpose -- Part headings not law -- 2006 c 263: See notes following RCW 28A.150.230.