5141.21
BP
Board Policy
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 be able to participate in the educational program.
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.
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 parents/guardians to administer medication to their child at school, designate other individuals to do so on their behalf, and, with the student's authorized health care provider's approval, request the district's permission for the student 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.
The Superintendent or designee shall make epinephrine auto-injectors available at each school for providing emergency medical aid to any person suffering, or reasonably believed to be suffering, from an anaphylactic reaction. (Education Code 49414)
In accordance with law, the Superintendent or designee may make naloxone hydrochloride or another opioid antagonist and stock albuterol inhalers available at each school for providing emergency medical aid to any person suffering or reasonably believed to be suffering from opioid overdose or respiratory distress. (Education Code 49414.3, 49414.7)
Because of the conflict between state and federal law regarding the legality of medicinal cannabis, the Governing Board prohibits the administration of medicinal cannabis to students on school grounds by parents/guardians or school personnel.
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.
Administration of Medication by School Personnel
When allowed by law, medication prescribed to a student by an authorized health care provider may be administered by a school nurse or, when a school nurse or other medically licensed person is unavailable and the physician has authorized administration of medication by unlicensed personnel for a particular student, by other designated school personnel with appropriate training. School nurses and other designated school personnel shall administer medications to students in accordance with law, Board policy, administrative regulation, and, as applicable, the written statement provided by the student's parent/guardian and authorized health care provider. Such personnel shall be afforded appropriate liability protection.
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.
The Superintendent or designee shall maintain documentation of the training and ongoing supervision, as well as annual written verification of competency of other designated school personnel.
Legal & Management References
State
5 CCR 600-611 - Administering medication to students
Bus. Code 2700-2837 - Nursing
Bus. Code 3500-3546 - Physician assistants
Bus. Code 4119.2 - Acquisition of epinephrine auto-injectors
Bus. Code 4119.8 - Acquisition of naloxone hydrochloride or another opioid antagonist
Ed. Code 48980 - Parent/Guardian notifications
Ed. Code 49407 - Liability for treatment
Ed. Code 49408 - Student emergency information
Ed. Code 49414 - Emergency epinephrine auto-injectors
Ed. Code 49414.3 - Emergency medical assistance; administration of medication for opioid overdose
Ed. Code 49414.4 - Opioid Misuse
Ed. Code 49414.5 - Providing school personnel with voluntary emergency training
Ed. Code 49414.7 - Administration of albuterol inhalers
Ed. Code 49414.8 - Funding for emergency opioid antagonists; requirements
Ed. Code 49422-49427 - Employment of medical personnel
Ed. Code 49423 - Administration of prescribed medication for student
Ed. Code 49423.1 - Inhaled asthma medication
Ed. Code 49426.5 - Licensed vocational nurses
Ed. Code 49468-49468.5 - The Seizure Safe Schools Act
Ed. Code 49480 - Continuing medication regimen; notice
H&S 1799.113 - Opioid overdose treatment
H&S Code 11362.7-11362.85 - Medicinal cannabis
Federal
20 USC 1232g - Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 - Individuals with Disabilities Education Act
21 USC 812 - Schedule of controlled substances
21 USC 844 - Penalties for possession of controlled substance
29 USC 794 - Rehabilitation Act of 1973; Section 504
34 CFR 99.30 - Conditions under which prior written consent is required to disclose information
Management Resources
American Diabetes Association Publication - Legal Advisory on Rights of Students with Diabetes in California's K-12 Public Schools, August 2007
American Diabetes Association Publication - Program Advisory on Medication Administration, 2005
American Diabetes Association Publication - Glucagon Training Standards for School Personnel: Providing Emergency Medical Assistance to Pupils with Diabetes, May 2006
Court Decision - American Nurses Association v. Torlakson (2013) 57 Cal.4th 570
National Diabetes Education Program Publication - Helping the Student with Diabetes Succeed: A Guide for School Personnel, June 2003
Website - CSBA District and County Office of Education Legal Services
Website - National Diabetes Education Program
Website - U.S. Department of Health and Human Services, National Heart, Lung, and Blood Institute
Website - American Diabetes Association
Website - California Department of Education, Health Services and School Nursing
Website - CSBA
Website - California Department of Public Health
Cross References
3513.4 BP Drug And Alcohol Free Schools
4112.9 AR Employee Notifications
4119.43 AR Universal Precautions
4131 AR Staff Development
4212.9 BP Employee Notifications
4219.43 AR Universal Precautions
4231 BP Staff Development
4312.9 BP Employee Notifications
4319.43 AR Universal Precautions
5113 AR Absences And Excuses
5113.1 AR Chronic Absence And Truancy
5125 AR Student Records
5131.62 AR Tobacco
5141 AR Health Care And Emergencies
5141.22 AR Infectious Diseases
5141.23 AR Asthma Management
5141.24 AR Specialized Health Care Services
5141.27 AR Food Allergies/Special Dietary Needs
5141.6 BP School Health Services
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
5148.2 AR Before/After School Programs
6142.8 AR Comprehensive Health Education
6163.2 AR Animals At School