S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1013

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced by M. of A. GUNTHER, WALKER -- Multi-Sponsored by -- M. of A.
         ALFANO, BARRA, MOLINARO, RAIA -- read once and referred to the Commit-
         tee on Higher Education

       AN  ACT  to  amend  the  education  law, in relation to compensation for
         national board certification for school nurses

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The education law is amended by adding a new article 20 to
    2  read as follows:
    3                                 ARTICLE 20
    4         STATE BOARD FOR CERTIFICATION OF SCHOOL NURSE GRANT PROGRAM
    5  SECTION 950. STATE BOARD FOR  NATIONAL  CERTIFICATION  OF  SCHOOL  NURSE
    6                 GRANT PROGRAM.
    7    S  950.  STATE  BOARD FOR NATIONAL CERTIFICATION OF SCHOOL NURSE GRANT
    8  PROGRAM. 1.   NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  LAW,  THE
    9  COMMISSIONER  SHALL ESTABLISH THE STATE BOARD FOR NATIONAL CERTIFICATION
   10  OF SCHOOL NURSE GRANT PROGRAM, TO BE USED BY THE  DEPARTMENT  TO  DEFRAY
   11  ANY  COSTS INCURRED BY AN ELIGIBLE REGISTERED SCHOOL NURSE, AS THAT TERM
   12  IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND HIS OR HER  SPONSOR-
   13  ING  SCHOOL  DISTRICT,  WHERE  SUCH  ELIGIBLE NURSE SEEKS NATIONAL BOARD
   14  CERTIFICATION FROM THE NATIONAL BOARD FOR CERTIFICATION OF SCHOOL  NURS-
   15  ES.
   16    2.  AS  USED IN THIS SECTION, "ELIGIBLE SCHOOL NURSE" SHALL MEAN A NEW
   17  YORK STATE REGISTERED SCHOOL NURSE WHO:
   18    (A) IS CURRENTLY EMPLOYED IN A NEW YORK STATE PUBLIC SCHOOL; AND
   19    (B) HOLDS A VALID NEW YORK STATE LICENSE AS A REGISTERED  PROFESSIONAL
   20  NURSE PURSUANT TO SECTION SIXTY-NINE HUNDRED FIVE OF THIS CHAPTER.
   21    3.  UNDER  THE  PROVISIONS  OF  THIS SECTION AND SUBJECT TO THE FILING
   22  REQUIREMENT DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, A GRANT IN AN
   23  AMOUNT OF UP TO THREE HUNDRED DOLLARS SHALL BE MADE AVAILABLE  FROM  THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02166-01-9

       A. 1013                             2

    1  STATE  BOARD FOR NATIONAL CERTIFICATION OF SCHOOL NURSE GRANT PROGRAM TO
    2  EACH ELIGIBLE SCHOOL NURSE TO DEFRAY THE EXPENSES  OF  CERTIFICATION  BY
    3  THE  NATIONAL  BOARD  FOR  CERTIFICATION  OF SCHOOL NURSES. SUCH SUM MAY
    4  INCLUDE THE DIRECT REIMBURSEMENT BY THE DEPARTMENT TO THE ELIGIBLE NURS-
    5  ES'  SPONSORING  SCHOOL DISTRICT FROM THE TOTAL GRANT AWARD TO COVER THE
    6  COST OF HIRING A SUBSTITUTE SCHOOL NURSE FOR UP TO  THREE  DAYS  OR  THE
    7  DURATION OF SUCH ELIGIBLE NURSE'S APPROVED LEAVE, WHICHEVER IS LESS.
    8    4.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR PROMULGATING ANY REGU-
    9  LATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION,  INCLUD-
   10  ING:
   11    (A)  ESTABLISHING WITHIN THE DEPARTMENT AN APPLICATION FORM AND FILING
   12  DEADLINE REQUIREMENTS TO BE UTILIZED BY ELIGIBLE SCHOOL NURSES  APPLYING
   13  FOR  A  GRANT  FROM THE STATE BOARD FOR NATIONAL CERTIFICATION OF SCHOOL
   14  NURSE GRANT PROGRAM;
   15    (B) ESTABLISHING A MECHANISM FOR PROCESSING AND APPROVING APPLICATIONS
   16  WITHIN THE DEPARTMENT;
   17    (C) ESTABLISHING A MECHANISM TO  ALLOCATE  GRANT  AWARDS  TO  APPROVED
   18  ELIGIBLE SCHOOL NURSES; AND
   19    (D)  ESTABLISHING A MECHANISM TO REIMBURSE SPONSORING SCHOOL DISTRICTS
   20  FOR UP TO THREE DAYS OF APPROVED LEAVE AS DESCRIBED IN SUBDIVISION THREE
   21  OF THIS SECTION.
   22    5. AN ELIGIBLE SCHOOL NURSE FOR WHOM THE STATE  PAYS  A  PARTICIPATION
   23  FEE SHALL BE LIABLE FOR REPAYMENT OF THE GRANT TO THE DEPARTMENT IF SUCH
   24  ELIGIBLE SCHOOL NURSE:
   25    (A) DOES NOT COMPLETE THE PROCESS; OR
   26    (B)  COMPLETES  THE  PROCESS,  BUT  DOES  NOT WORK IN A NEW YORK STATE
   27  PUBLIC SCHOOL FOR AT LEAST ONE FULL YEAR AFTER ACHIEVING NATIONAL  BOARD
   28  CERTIFICATION.
   29    6. REPAYMENT OF THE GRANT IS NOT REQUIRED:
   30    (A)  IF  THE CERTIFICATION PROCESS IS NOT COMPLETED OR IF THE ELIGIBLE
   31  SCHOOL NURSE FAILS TO WORK FOR ONE FULL YEAR AFTER COMPLETION DUE TO HIS
   32  OR HER DEATH OR DISABILITY OR SOME OTHER  EXTENUATING  CIRCUMSTANCES  AS
   33  MAY BE RECOGNIZED BY THE BOARD OF REGENTS; OR
   34    (B)  IF  THE  ELIGIBLE SCHOOL NURSE COMPLETES THE PROCESS BUT DOES NOT
   35  ACHIEVE CERTIFICATION.
   36    S 2. This act shall take effect immediately.