Senate Study Bill 3009 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            EDUCATION BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to requirements for blood lead testing and dental
  2    screening of children.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5328XD 82
  5 kh/nh/5

PAG LIN



  1  1    Section 1.  Section 135.17, subsection 2, as enacted by
  1  2 2007 Iowa Acts, chapter 146, section 1, is amended to read as
  1  3 follows:
  1  4    2.  Each public and nonpublic school shall give notice of
  1  5 the dental screening requirement to parents of students
  1  6 enrolled or to be enrolled in the school at least no earlier
  1  7 than ninety days before the start of the school year, and not
  1  8 later than the school start date, in the manner prescribed by
  1  9 the department.
  1 10    Sec. 2.  Section 135.17, subsection 3, as enacted by 2007
  1 11 Iowa Acts, chapter 146, section 1, is amended by striking the
  1 12 subsection.
  1 13    Sec. 3.  Section 135.17, subsection 4, as enacted by 2007
  1 14 Iowa Acts, chapter 146, section 1, is amended to read as
  1 15 follows:
  1 16    4.  Each local board shall furnish the department, within
  1 17 sixty days as rapidly as is feasible after the start of the
  1 18 school year October 1, evidence that each person enrolled in
  1 19 any public or nonpublic school within the local board's
  1 20 jurisdiction has met the dental screening requirement in this
  1 21 section.
  1 22    Sec. 4.  Section 135.105D, subsection 2, paragraphs b and
  1 23 c, Code Supplement 2007, are amended to read as follows:
  1 24    b.  A child of compulsory attendance age may be
  1 25 provisionally enrolled in an elementary school if the child's
  1 26 parent or guardian consents to have the child receive a blood
  1 27 lead test as rapidly as is feasible but not later than sixty
  1 28 days after the school calendar commences.  The department
  1 29 shall adopt rules relating to the provisional enrollment of
  1 30 children to an elementary school in accordance with this
  1 31 paragraph.
  1 32    c.  The board of directors of each school district and the
  1 33 authorities in charge of each nonpublic school shall give
  1 34 notice of the blood lead test requirement to parents and
  1 35 guardians of students enrolled or to be enrolled in the school
  2  1 at least no earlier than ninety days before the start of the
  2  2 school year, and not later than the school start date, in the
  2  3 manner prescribed by the department.
  2  4    Sec. 5.  Section 135.105D, subsection 3, Code Supplement
  2  5 2007, is amended to read as follows:
  2  6    3.  The board of directors of each school district and the
  2  7 authorities in charge of each nonpublic school shall furnish
  2  8 the department, within sixty days as rapidly as is feasible
  2  9 after the first official day of school October 1, evidence
  2 10 that each child enrolled in any elementary school has either
  2 11 been tested as required in subsection 2 or received a waiver
  2 12 under subsection 4 met the blood lead testing requirement set
  2 13 forth in this section.
  2 14
  2 15                           EXPLANATION
  2 16    This bill relates to the school enrollment and notice
  2 17 requirements for blood lead testing and dental screening of a
  2 18 child who is enrolled in or enrolling in a school district or
  2 19 accredited nonpublic school.  The Code section regulating
  2 20 dental screening takes effect July 1, 2008.
  2 21    The bill permits a child to be enrolled in school, rather
  2 22 than provisionally enrolled, if the child's parent or guardian
  2 23 consents to have the child receive a blood lead test as
  2 24 rapidly as is feasible.  Currently, the Code requires that as
  2 25 a condition of the provisional enrollment, a parent or
  2 26 guardian must consent to have the child receive the test not
  2 27 later than 60 days after the school calendar commences.  The
  2 28 bill strikes from the new Code section regulating dental
  2 29 screening of children a provision addressing the provisional
  2 30 enrollment in school of persons in the process of obtaining a
  2 31 dental screening.  The provision, enacted by 2007 Iowa Acts,
  2 32 chapter 146, section 1, provided that a person could be
  2 33 enrolled in a school district or accredited nonpublic school
  2 34 if the person is in the process of obtaining a dental
  2 35 screening.
  3  1    The bill requires school districts and schools, no sooner
  3  2 than 90 days prior to the start of the school year, and not
  3  3 later than the school start date to give notice of the blood
  3  4 lead testing and dental screening requirements to parents and
  3  5 guardians of children who are or are to be enrolled in school.
  3  6 Currently, notice is required at least 90 days prior to the
  3  7 start of the school year.
  3  8    The bill replaces the deadline by which school districts
  3  9 and schools must provide evidence to the department of
  3 10 education that each child enrolled in elementary school had a
  3 11 blood lead test or received a waiver on religious grounds, as
  3 12 well as the deadline by which local boards of health must
  3 13 furnish the department with evidence that each person enrolled
  3 14 in a school within the board's jurisdiction has met the dental
  3 15 screening requirement.  Under the bill, school districts,
  3 16 schools, and local boards must provide the evidence as soon as
  3 17 feasible after October 1, rather than within 60 days after the
  3 18 school calendar start date.
  3 19 LSB 5328XD 82
  3 20 kh/nh/5