ECS
From the ECS State Policy Database
2002 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2002. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
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+ Governance
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+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
- Health
NJSigned into law 12/2002P-12Creates the School Integrated Pest Management Act; implements a policy for integrated pest management in public, private and charter schools.
Title: S.B. 137
Source: StateNet

PASigned into law 12/2002P-12Amends the Public Eating and Drinking Place Code. Provides for health and safety inspections of school cafeterias and for training related to school cafeterias. Makes editorial changes.
Title: H.B. 2350
Source: StateNet

UTAdopted 12/2002P-12Establishes rules to clarify for school personnel, parents, and guardians the recommendations or directions that school personnel may make or give parents or guardians about specific treatments or medications for their children. Inappropriate Medical Recommendations by School
Personnel: A. School personnel shall not require that a student take or continue to take a specific medication as a condition for attending school. B. School personnel shall not recommend a single specific health care professional or provider but may provide to a parent or guardian a list of two or more health care professionals or providers. UTAH REG 25647 (SN)
Title: R277-611
Source: StateNet

NJAdopted 11/2002P-12Clarifies rules regarding the prohibition of smoking or the use of any other tobacco product on school grounds. Adds a definition of school grounds and extends to include the smoking of any substance and the use of tobacco products in school buildings and on school grounds. NEW JERSEY REG 15282 (SN)
Title: NJAC 6A:16-1.3, 3.1
Source: StateNet

ORAdopted 11/2002P-12Adopts the form and protocol for physical exams to be required of all students participating in sports. Directs the Department to consult with the interscholastic activity organization that oversees these activities, the Oregon School Activities Association, in development of the form and protocol. OREGON REG 23960 (SN)
Title: OAC 581-021-0041
Source: StateNet

CASigned into law 09/2002P-12Requires the California Healthy Kids Resource Center, in consultation with the state department of education, and contingent upon receipt of funds, to review, acquire and circulate brain and spinal cord injury prevention curricula for voluntary use by districts serving students in any grades K-12. Requires the California Healthy Kids Resource Center to notify districts regarding the availability of the approved curricula. Requires funding for these purposes to be provided by nonstate sources. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2651-2700/ab_2668_bill_20020921_chaptered.html
Title: A.B. 2668
Source: Lexis-Nexis/StateNet

CASigned into law 08/2002P-12Increases the fine and would expand the prohibited smoking and tobacco product disposal area to within 25 feet of a playground or a tot lot sandbox area.
Title: A.B. 1867
Source: Lexis-Nexis/StateNet

CASigned into law 08/2002P-12Requires every schoolsite to allow pupils to use sunscreen during the school day without a physician's note or prescription and authorizes schoolsites to set a policy related to use of sunscreen.
Title: S.B. 1632
Source: Lexis-Nexis/StateNet

MASigned into law 08/2002P-12Forbids school districts from prohibiting students with asthma or other respiratory diseases from possessing and administering prescription inhalers in accordance with department of public health regulations. http://www.state.ma.us/legis/bills/house/ht04411.htm
Title: H.B. 4411
Source: www.state.ma.us

NJSigned into law 08/2002Postsec.Requires hepatitis B vaccinations for full-time students at institutions of higher education.
Title: A.B. 1888
Source: Lexis-Nexis/StateNet

OKSigned into law 08/2002P-12Creates the Certified School Professional Nurse Staff Task Force to identify strategies to enhance recruitment and retention of certified school nurses, especially in rural and inner-city areas.
Title: H.B. 2162
Source: 2002 Session Highlights

ILSigned into law 07/2002P-12Relates to psychotropic and psychostimulant drugs. Requires a school board to adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student; adds other requirements concerning the policy.
Title: H.B. 3744
Source: Lexis-Nexis/StateNet

NYSigned into law 07/2002P-12Validates certain practices sanctioned by regulations, but not necessarily Title VIII of the Education Law, regarding the administration of medication to children, pending the development of appropriate legislation to address the issue permanently. http://assembly.state.ny.us/leg/?bn=S07746&sh=t
Title: S.B. 7746
Source: http://assembly.state.ny.us

ILSigned into law 06/2002P-12Amends the School Code; provides that school districts are encouraged to create and use an emergency medical information form for bus drivers and emergency medical technicians for those students with special needs or medical conditions, to be filled out by the student's parent or guardian, with one copy on file at the school and another copy on the student's school bus. http://www.legis.state.il.us/publicacts/pubact92/acts/92-0580.html
Title: H.B. 5939
Source: Lexis-Nexis/StateNet

OHSigned into law 06/2002P-12Requires public and nonpublic school to have an employee trained in the performance of the Heimlich maneuver present during periods of food service to students.
Title: H.B. 384
Source: Lexis-Nexis/StateNet

PATo governor 06/2002Postsec.Provides for vaccination against meningococcal disease for students at institutions of higher education. Provides exemption if a waiver is signed by student's parent or guardian.
Title: S.B. 955
Source: Lexis-Nexis/StateNet

RITo governor 06/2002P-12Adds evidence of immunization to the Intra-state education Identification card for each child. This act takes effect upon passage.
Title: H.B. 7176
Source: Lexis-Nexis/StateNet

RITo governor 06/2002P-12This act would establish the conditions under which pesticide applications would occur at schools, pre- schools and child care centers and would provide for prior notice of pesticide applications to parents and guardians of children and to school staff. This act would take effect upon passage.
Title: S.B. 2465
Source: Lexis-Nexis/StateNet

SCAct No. 06/2002P-12Requires public institutions of higher learning to notify incoming students, or their parents, of the risk of contracting Meningococcal Disease if living in on campus student housing; requires these institutions to recommend vaccinations against this disease in the institutions health and medical information provided to students and parents.
Title: H.B. 5133
Source: Lexis-Nexis/StateNet

TNSigned into law 06/2002P-12Relates to urging primary and secondary schools to offer students more calcium rich foods and beverages in their lunch and snack bar programs.
Title: H.J.R. 646
Source: Lexis-Nexis/StateNet

AZSigned into law 05/2002P-12Withdraws Auditor General's mandate to evaluate the Healthy Families and family literacy program; moves responsibility for family group decision making program reports from auditor general to department. Requires report on Health Start program to be delivered to the speaker of the house, president of the senate and governor on or before December 31, 2002. Deletes obsolete language regarding delivery of other reports. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0245.htm
Title: H.B. 2347
Source: www.azleg.state.az.us

CTSigned into law 05/2002P-12Mandates that the Commissioner of Education and Public Health create plan for the colocation where possible of family resource centers and school-based health clinics in order to improve access to services and to make the delivery of services more cost-efficient. http://www.cga.state.ct.us/2002/act/Pa/2002PA-00036-R00HB-05179-PA.htm
Title: H.B. 5179
Source: www.cga.state.ct.us

GASigned into law 05/2002P-12Requires local boards to adopt a policy authorizing the self-administration of asthma medication by a student who has asthma, provided that any student who is authorized for self-administration of asthma medication under such policy may possess and use his or her asthma medication in specified locales. Provides an exception from liability to school districts or their employees. http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb472.htm
Title: S.B. 472
Source: www.legis.state.ga.us

MDSigned into law 05/2002P-12Renames State Coordinating Countil for Residential Placement of Handicapped Children as State Coordinating Council for Children. Adds Maryland School-Based Health Care Center Policy Advisory Council; State Council on Child Abuse and Neglect; and State Commission on Infant Mortality Prevention to units in Office for Children, Youth and Families in Executive Department. Establishes as "Community Partnership Agreements" agreements between the state and local management boards relating to the provision of services for children, youth and families. Adds to purposes of Subcabinet Fund as it relates to services to handicapped children. Requires the Special Secretary to adopt regulations about local management boards. Modifies membership and duties of local coordinating councils. Provides out-of-state placement for children who have behavioral, educational, developmental, or mental needs that can't be met through state agencies; codifies the State School-Based Health Center Policy Advisory Council. Requires Special Secretary for Children, Youth, and Families to appoint a Committee to develop a Subcabinet plan to address provision of services to intensive-needs children. http://mlis.state.md.us/2002rs/bills/hb/hb1386t.rtf
Title: H.B. 1386
Source: mlis.state.md.us

MDSigned into law 05/2002P-12Creates an Asthma Control Program in the Department of Health and Mental Hygiene; requires the Secretary to adopt regulations to implement the Program; provides for the funding of the Program; provides training for school personnel or other appropriate personnel, on asthma education in conjunction with the Department of Education and Local Health Departments. http://mlis.state.md.us/2002rs/bills/hb/hb0420t.rtf
Title: H.B. 420
Source: Lexis-Nexis/StateNet

MDSigned into law 05/2002P-12Codifies the School-Based Health Center Policy Advisory Council; provides for membership, chairman, purpose, duties; provides for creation within the Office for Children, Youth, and Families. http://mlis.state.md.us/2002rs/bills/hb/hb1163t.rtf
Title: H.B. 1163
Source: mlis.state.md.us

MDSigned into law 05/2002P-12Increases maximum of aggregate principal amount of bonds outstanding that Baltimore district may hold from $25 million to $75 million. Require Baltimore board and CEO to ensure increased community involvement and outreach in support of the city's public schools. Deletes 1997 section requiring adoption and implementation of transition plan. Replaces with requirement that by June 1, 2002, Baltimore district CEO submit 5-year comprehensive master plan to board for review and approval by August 30, 2002 and subsequent review and approval by state board and superintendent. Requires CEO or designee to consult with specified others, including teachers, students and parents during the development of the master plan. Requires master plan to be updated and submitted for state board and superintendent review and approval on annual basis. Establishes areas which master plan must address. Requires department and Baltimore school system to jointly develop a principal development initiative pairing distinguished principals from outside the system and action support teams with principals in training in Baltimore. Addresses minimum appropriations to Baltimore Public School System. Requires consultant to evaluate the Baltimore City-State Partnership and the reform initiatives of the Baltimore City Public School System by December 1, 2006, and the board of commissioners and the state board to report to the general assembly on a review of the evaluation by January 15, 2007. Requires chief officers of Baltimore Public Schools to meet on at least a quarterly basis with the Special Master assigned to the case, after 6 of which meetings the CEO and the state superintendent may adjust the communication schedule. Requires state and Baltimore agencies to communicate on at least a quarterly basis on facilities planning in the Baltimore Public Schools, including on capital improvement program issues. Requires transfer of certain real property assets from Baltimore City Public School System to Baltimore City Board of Commissioners. Through June 30, 2009, permits Board of Public Works to approve state funding for capital improvements to Baltimore public school buildings deeded to Baltimore board or mayor and city council of Baltimore. Requires city to continue cooperation with school system to eliminate environmental hazards in the school system. Permits funds appropriated for the Baltimore City-State Partnership to be used to support the principal development initiative. http://mlis.state.md.us/2002rs/bills/hb/hb0853e.rtf
Title: H.B. 853
Source: mlis.state.md.us

NYSigned into law 05/2002P-12Relates to requiring school districts, boards of cooperative educational services, county vocational education and extension boards and charter schools to retain on premises at least 1 functional cardiac automated external defibrillator; provides that where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall ensure that such defibrillator is provided on site.
Title: A.B. 10577, A.B. 8779
Source: Lexis-Nexis/StateNet

TNSigned into law 05/2002P-12Requires CPR training in either junior or senior high school, as established by State Board of Education; provides that CPR training would commensurate with the learning expectations within the lifetime wellness curriculum.
Title: S.B. 2153
Source: Lexis-Nexis/StateNet

TNSigned into law 05/2002P-12Expresses sense that each school-age child should have access to and participate in daily physical education and activity as part of educational experience; encourages public schools to promote physical activity and well-being among students to combat prevalence of obesity among Tennessee's children and teenagers.


Title: S.J.R. 569
Source: http://www.legislature.state.tn.us/bills/currentga/BILL/SJR0569.pdf

ALSigned into law 04/2002P-12Appropriates a certain amount from the Education Trust Fund to the Governor's Commission on Physical Fitness. http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb161.htm
Title: H.B. 161
Source: alisdb.legislature.state.al.us

AZSigned into law 04/2002P-12Relates to emergency aid; provides that a health care provider licensed or certified pursuant to title 32 who agrees with any person or school to voluntarily attend an amateur athletic practice, contest or other event to render emergency health care without compensation to an athlete injured during such event is omission by the provider.
Title: S.B. 1190
Source: Lexis-Nexis/StateNet

IASigned into law 04/2002P-12Adds one nonvoting student member to state board, making total board membership 10, provides for application process and appointment of student member. Also requires school districts and nonpublic schools to report number of ninth graders who do not graduate from the school or school district, as well as the number of students who are tested on multiple assessment measures to determine student achievement levels, and the percentage of students who are so tested annually. Requires the board to develop and adopt uniform definitions consistent with the federal No Child Left Behind Act of 2001 and any federal regulations adopted pursuant to the federal Act. Permits department to conduct school site visits of accredited schools and districts on as-needed basis. Addresses conditions of employment of Superintendent staff. Addresses procedures in open enrollment law. Renders provision of school breakfast programs optional rather than mandatory. Modifies section addressing parental reimbursement for nonpublic school pupil transportation. Regulates the provision of textbooks to students in accredited nonpublic schools. Modifies requirements for school bus drivers' licenses. Establishes a conservation education program board and the duties of said board. http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02500/HF02515/Current.html
Title: H.B. 2515
Source: www.legis.state.ia.us

KYSigned into law 04/2002P-12Vision screening examinations must be performed and submitted to the public school, public preschool, or Head Start program a child enters between the ages of 3 and 6 years old.
Title: S.B. 207
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Establishes a full-time position of education school nurse consultant within the Department of Education; specifies data collection and reporting for schools and local health departments; requires protocols on school health services to be maintained in each school library; specifies that nothing shall be construed to limit a student's attendance at public school or to deny, prohibit, or limit the administration of first aid or emergency procedures.
Title: H.B. 126
Source: Lexis-Nexis/StateNet

LASigned into law 04/2002P-12In section relating to immunization tracking registry, states that parental consent is to be considered general consent given for treatment and release of information to other providers or to the office of public health. Requires immunization providers to meet at least one of the following requirements: 1) Placement of poster in waiting room notifying parents that the site is sharing data with the state immunization registry. 2) Provision of parents with a brochure from the Office of Public Health describing the purposes of the registry and telling parents they can ask the health provider not to submit their child's immunization information. 3) In the event of a public health emergency such as a natural disaster, bioterrorist attack, or epidemic, waiver of requirement to obtain consent for placement on the registry for mass immunizations performed in response to such events.
Title: H.B. 91A
Source: Lexis-Nexis/StateNet

MDSigned into law 04/2002P-12Repeals the termination date of the Meals for Achievement In-Classroom Breakfast Program; requires the Department of Education to evaluate the Program each year. http://mlis.state.md.us/2002rs/bills/hb/hb1409t.rtf
Title: H.B. 1409
Source: mlis.state.md.us

MESigned into law 04/2002P-12Resolve authorizing emergency adoption of legislation regarding immunization of children. http://janus.state.me.us/legis/bills/billdocs/LD212401.doc
Title: H.B. 1624
Source: janus.state.me.us

MSSigned into law 04/2002P-12Requires department employment of physical activity coordinator for grades K-12, and specifies qualifications and duties of such. Recommends duration and frequency of physical education classes in grades K-9, beginning with 2002-2003 school year.
Title: S.B. 2249
Source: Lexis-Nexis/StateNet

WASigned into law 04/2002P-12Relates to accommodating children with diabetes in schools; requires that an individual health plan for each diabetic child, parental signed release form, medical equipment jand storage capacity, exceptions from school policies, school schedule, meals and eating, disaster preparedness, inservice training for staff by a registered nurse, legal documents for parent-designated adults.
Title: S.B. 6641
Source: Lexis-Nexis/StateNet

INSigned into law 03/2002P-12Requires the state department of health to establish an indoor air quality in schools program, and to inspect the air quality of schools annually. Establishes the school air quality panel. Allows monies from a school corporation's capital projects fund to carry out a indoor air quality improvement plan as established in statute. http://www.in.gov/serv/lsa_billinfo?document=SE/SE0407.1.html&year=2002
Title: S.B. 407
Source: www.in.gov

INSigned into law 03/2002Postsec.Provides that a student, before enrolling in a residential campus at a public university, must be immunized for meningococcal disease or qualify for an exemption from the immunization requirement.
Title: H.B. 1161
Source: Lexis-Nexis/StateNet

KSSigned into law 03/2002P-12Concerns public health departments; relates to tests and inoculations for pupils enrolling in schools; provides that a county, city-county or multicounty health department shall provide without delay and to the extent that funds designated by such health department for the purchase of vaccines are available the tests and inoculations required by this act to such pupils as are not exempted on religious or medical grounds.
Title: H.B. 2809
Source: Lexis-Nexis/StateNet

KYSigned into law 03/2002P-12Permits public and private school students to self- administered asthma medications when the school receives written authorization from the parent and health care provider; requires statements to be kept on file at the school; requires parent or guardian to sign a statement acknowledging that the school has no liability from any injury.
Title: H.B. 353
Source: Lexis-Nexis/StateNet

MIPublic Act No. 03/2002P-12Requires the Department of Health to review all current procedures for the administration of medications to students in schools by nonmedical personnel and to revise them as necessary; requires the development of new model procedures and encourages all school districts to realign their policy towards the new model policy developed by the Department.
Title: H.B. 4672
Source: Lexis-Nexis/StateNet

UTVetoed 03/2002P-12Prohibits school personnel from making certain medical recommendations for a child, including the use of psychotropic drugs; provides criminal penalties; provides that the Division of Child and family services may not initiate an investigation or remove a minor from the custody of his parent on the basis of the refusal of the parent to consent to the administration of a psychotropic drug to a child.
Title: H.B. 123
Source: Lexis-Nexis/StateNet

VASigned into law 03/2002P-12Prohibits smoking in the interior of any public elementary, intermediate, and secondary school; areas within 50 feet of any such building entrance or exit; and outdoor school functions on school grounds where students are present.
Title: H.B. 939
Source: Lexis-Nexis/StateNet

WASigned into law 03/2002P-12Requires a medication or treatment order as a condition for children with life-threatening conditions to attend public schools; defines medication or treatment order as the authority a registered nurse obtains; defines life threatening condition as a health condition that will put the child in danger of death during the schoold day if medication, treatment order and nursing plan are in place.
Title: H.B. 2834
Source: Lexis-Nexis/StateNet

WVSigned into law 03/2002P-12Relates to air quality in new schools; requires rules to establish a process for independent radon testing, adjusting and valacing heating, ventilation and air conditioning systems; requires training of personnel in the maintenance and operation of such systems.
Title: S.B. 32
Source: Lexis-Nexis/StateNet

VASigned into law 02/2002P-12Requires local school boards to develop and implement policies prohibiting certain school personnel from recommending the use of a psychotropic medications for any student; provides such policies shall not prohibit school health staff for making such recommendation or to consult with the appropriated health practitioner with the written consent of the student's parents.
Title: H.B. 90
Source: Lexis-Nexis/StateNet

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