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Senate | July 23, 2015 | Committee Room | Education and Higher Education

Full MP3 Audio File

Alright, I believe we've got about some moments folks, you want to vote now or you want to hear the bill? I'm not going to do it like the way Tony Runn used to do it. I'm not going to do it the way the great Senator Tony Apodaca's look-alike and I'm not going to do it that way. Senator I seriously love Tony [xx]. He's the only senator to ever call me an SOB on the floor. He was very smart. But you know what I found out? Is sometimes it takes one to know one. Now I'm serious he was very truthful, very honest. No kidding. You could trust Tony unless you were messing with one of his bills but that's some inside baseball which we don't need to discuss in here. We've got higher education. Higher education committee to order this morning and thank you those did show up and those are still sleeping. We'll get them in a little while and we have one bill on the docket today, Representative Torbett is back. What we are going to do is to ask him to briefly explain the bill and what it does, and why he want his Bill and then we'll have some amendments and we'll get those either passed or rejected. And then that will come part of the Bill and then we'll take discussion and vote on it but before that, we want to recognizes pledges that are here today, Reese Masalley from Raleigh Central stand Sam Stand, where is Sam? Sam you definitely have a mother that's smart and good looking. The [xx] we're working on, tell me you're right once today. I don't need to be right but one time a day. Taylor Baiser from Raleigh Central Stand sponsored 3 of these folks today, India Pollum from Durham Senator McKissick and Annadoshki[sp?] from Charlotte, Senator Rucho, Bradley from Gaston Senator Harrington, Treston Beridth [xx], Senator Pag, Senator from Bingham is being noted from North Carolina. Alright, where are our great Sergeant at Arms list here Steve McCaige, Terry Burenhult and Ian Keszler, I won't give my same speech about Ian being a great player at Carolina, but he was. Accept to say, if you think this guys are not important you wait till a little problem arises somewhere and you know how important they are. We need those folks they do a great job. Some of may said years like me and the Colonel I don't know if he's here today. I'm going to ask Tepresentative Torbett to come forward and explain the bill and then we'll offer three amendments. Thank you Mr. chairman members of the committee and first and foremost good morning. This bill addresses the health assessment that's given to children. Let me give you a brief explanation of the genesis of this bill it was brought to my attention from constituent that when entering kindergarten a child had to have a health assessment done before they could enter the school system. And I said well I can understand that but you did know that if they entered for the first time in any other grade no other health assessment was to be issued. That's sounds no I can't believe that, checking on it hey it was true. So, basically what this bill does, it provides access for a child to have a health assessment done no matter what grade they're entering if they're entering into the system for the first time. It has been addressed is also looking at the actual health reform and reducing some

of the information that might best be decided upon by the parent and the student and pretty much I'm prepared for any questions senator that way thank you for having me today. Well we're glad to have you Representative and thank you for that and you've learnt one thing in your years gravity is worth much, thank you for the good brief explanation. That's the genesis for the bill. Now, we have three amendments that have been passed out, and I'll call these amendment one, two, and three, and since I'm offering this amendments, I'm going to ask my great senator friend over here, Chairman Soucek to take over, and then we'll talk about these amendments. Mr. Chairman, Mr. Chairman may we ask a question about the bill before we hear the amendments? No sir. The bill will not be complete without these amendments. Therefore, your question. After we pass or fail the amendments then we're going to ask questions? Yes sir. That was my instructions to start with. Senators we had breakfast, you ate the wrong thing this morning. We were [xx] this morning, you were normal this morning. So tell me why we hit each amendment one at a time once you explain, or have staff explain each and it [xx] with him. Our colleagues one, two and three, and staff, if you would like to explain these great amendments, go right ahead. [xx] or Denise? Point them up. So the first amendment is ATB-15 version one and it restores the current statutory language that allows the help assessment itself to have the option for idental and developmental screening. Any questions from members? Seeing none, alright I have a motion from Senator Wade to adopt the amendment all in favor say aye? Aye. Opposed no. The ayes have it and the amendment passes. Could we explain the second amendment now. Danise. The second amendment is H13-ATC-74, and this would eliminate the requirement that health assessment Transmittal forms be shared with DHHS and instead require that local boards of information shared the identified data from the forms when requested by DHHS. Upon request. Any questions from the committee? Seeing none we have a motion to adopt the amendment from Senator Cook all in favor say aye. Aye. Oppose no. The ayes have it and the amendment is adopted, and could you explain amendment three please. Amendment three is H13-ATC-75, and this allows medical providers to submit the health assessment transmittal forms in addition to parents, guardians, or person standing in local [xx] to avoid any possible hyper concerns. The amendment would require parents to provide written authorization to a medical provider, before the medical provider could release the form to the school. Any questions for the committee on that? Great I see another motion from Senator Cook for adoption of the amendment all in favor say aye. Aye. Oppose no, the ayes have it the amendment is adopted and I want to have Senator Tillman come back up here, and we're going to discuss the bill as amended. First I want to thank, while I have an opportunity Representative Torbett and Senator Barefoot who did the major carrying the load on these issues to the house and the senate and the bill before us is because of their hard work, so thank you both of you for good work on important issue, so gentlemen. It's not your fault that I'm not doing something for [xx] in five months. Thats alright. I don't recall you bringing one of them. Okay, you know what, I might not have. I think Senator Bingham has been reading it. Back to the bill now with incorporation of these amendments so we know what the full body of the bill is. Senator Bingham. Thank you Mr. Chairman. Representative Torbett, if you would give me kind of a gest of what you would expect, let's say for example when someone came in from another country under the school's systems and in [xx] the fourth grade, now that we pass these amendments. What exactly would happen to that student as far as assessment goes and what will be looking for? I can answer that very easily and not too specifically, when I say that I made, it will be handled the same

way the process is if that same individual's coming in the kindergarten assistant to that. So there's a process in place to hinder the kindergarten, be the health assessment, that process is my understanding which with [xx] in the individual on any grade level. Okay, well, could you be a little more specific to, someone coming into kindergarten? They're required to have a physical maid, he physical has a form, the form is filled out one would assume by the physician, and they present that form when they bring their child for school enrollment or whenever physical is done, sometimes it may kind of bring the child and not know if physical is needed and then once told have to go back and get it and, then return the form back at a later date known that to occur as well. Okay I guess Mr. Chair, may I ask a question? Yes sir follow up. Thank you. I guess I'm wanting to know, what would they be looking for? Is there some test because I know in prenatal and all these things they do blood tests and they're looking for specifics, but in the kindergarten example that you've given, what would they be health community be looking for? I'll give you a couple examples that really kind of tug at my heartstrings is that. Let's say a child coming into kindergarten had not been and for like a better term diagnose with an eye or seeing issue or with a hearing impairment. That can very well and very and probably will be picked up in most cases during the physical and then perhaps that child can have glasses coming in and increase their learning ability or hearing assistance that would also increase their learning ability. So now that type of process will be carried out anytime a child enters a system for the first time and whatever grade it is. Senator Bingham I'm going to follow up with that because, I saw all these things for 40 years in the schools. When they come in now at any grade we'll have the set of assessment, but if you not had your shots up to date we'll know that. If you got allergies, you may be allergic to a bee sting or peanut butter, we need to know that! That child could die within seconds if you don't know that. That health record is vitally important and there are diabetic situations which juvenile babies you need to know that folks because if you see the symptoms, an attack coming on, you got to be ready immediately to act so all those things are checked. Head, Senator Davis, Senator Cook, Senator Stein, Senator Barringer, that's it. Thanks Mr. Chair. I just want to ask a question to staff in the right committees. Once the 30 days, calendar days are and the child now shall be allowed to make up working [xx] to this general statute, could you please explain that how work is made up? I can handle that one too so you want to have it Danise. After 30 days a child is removed from school. You can call that a suspension but in those cases where the child didn't do all the stuff but parents didn't follow up on it, you're certainly going to send the work and the assignments and keep up to date with the kid and the parents. In or out now, suspension you don't have to do that, many schools do but it makes sure they've got everything so that they can keep up even though they are at home because you don't want them there posing a health danger to the other students. While there are dangers for 30 days at least you got that time to get those records complete that's all that does. You alright Senator Cook, Senator Stein, Senator Barringer. I think my question was answered, thank you. His was answered and I believe that Senator Stein who's next? Then I saw another hand over here. no? [xx] those sponsor or the committee chair, how does it work today for low income kids go into kindergarten? Do they tend to get them done at the county health department, free clinics and do the school nurses ever provide? I know we don't have that many school nurses anymore, but is that a service school nurses occasionally provide? Well we still do have school nurses. Mr. Chairman I'll refer to your depth of knowledge and or someone here from DPI might be answered specifically [xx]. With the low income kids, if you've got a disease that's communicable and your low income, it's still communicable. They are handled the same way, but you do have free clinics and you do have health departments that will take care most of these kids. So, most of them I don't know the proportional number that don't have these records up to date. I would say it may be a little higher than the general population, but they are treated like everybody else because this is health. See any other hand, Senator Barringer. Thank you Mr. Chair. This is a question about I

think it was the first amendment that has been adopted. It says that this health assessment may include dental and developmental total screening for cognition et cetera. Who makes that decision? I'm not absolutely sure about who makes that. I would assume it would be with the parent and the providers. Thank you. Yes. Senator Tart. Oh, no, Senator Robinson, you, my favorite Senator that's sitting in the middle of those other [xx]. You said that after you said the other person. I got it. That's alright. Thank you. Two things in terms of, I was concerned about follow up in terms of how those children who don't have an idea to inquire of the immunization branch and my understanding is that, specially with families who have limited English proficiency. School nurses across the state do go into homes, to make sure they can help those families do those assessments but I wanted to get my question that, are assented [xx] got him back making that work because since this is not a suspension but is a requirement, the kids are out. It also means that some of these parents can't speak English, or some of these parents even if they're English speaking have limited literacy levels. So how do we ensure that those kids are going to go back to school? Thirty days or whenever, how will we ensure that work that went home, the child will return or will be able to catch up, or else we're going to end up with more kids not ready to move on. Thank you for the question Senator Robinson, I just go back to the case and point if we do it, I would assume exactly like we're doing it for those going into the kindergarten program today, under the same scenarios that you mentioned and rely heavily on the expertise and the professionalism of our Department of Public Construction to handle issues that might come up based on individuals. Good question, but that parent can always come in and talk with the ESL teacher and interpreter and get the [xx] brought in and taken back. So there is a communication length the parent can still come and do that. Senator Tart, Senator Bingham, well I do think he's got a motion to make. Quick question, thank you Mr. Chair and this pertains on page three line 12 and 13, and it's more a procedural thing, if somebody can explain. I know we're requiring the positions of nurses that care providers, they attach the immunization records, and medical authorization forms, their care plans et cetera and the thing that just trying to understand because it's the exact language is instructions to that provider, that they attach. And I assume it's attaching to the transmital form the question is, did the parents or are they responsible for taking trasmital form is that online? Obviously in some they don't have access to computers and the real gist of it is, are we merely trying, do we want them the care providers to provide that information from their exams that can be the parents or whom ever can attach to the transmmital or do that actually get done in the doctors' locale?. So the issue is are we requiring the physicians to do an administrative function, filling up paper work and attaching it, versus providing the information and the parents someone else is really responsible for getting it to the school system. Mr Chairman I'll try to tackle that one, senator. Go right ahead. Thank you, I feel a lot of love in this room, the senator is above the 10, 000 foot levels of oxygen there is under quite a demand. The drill down is way beyond where we went to, because the process is being done today, for every person, every child that enters kindergarten. So all the new answers, all of the specificity all that is being currently handled today and so the expression hopefully out of this bill is that you just continue doing that with a few modification to the form and you handle every other child at every grade level. So who attaches, I'm sorry I didn't actually drilled down to find out the [xx] who put the staple on the piece of paper. Follow up. Follow up. And that's good it's just when we clarify this into law and apologize to them a little over attentive but it's specified as a threat and I think it would be good to clarify we don't have to deal with the day that we're telling the doctors they have to attach to the transmittal form when really what I think is the exactly representative what you said we want them to just continue doing how they already do. That's it then, and if you want it done differently you take a full amendment and bring it back in the [xx]

Senator Davis. Okay thanks Mr. Chair, I want to come back to making up the work on page four lines five it says, if I'm making work, I have the opportunity to take textbooks home, but then upon request the right to receive all these assignments, how would I know if I would be able to keep up with necessarily with all these all you got to do Senator is send the notes that you're out, teacher please send me all of the notes, the assignments, ectera then you've covered the 30 day period or however long they are out and that request is normal folks, I just asked for a head in time, when you go at home teacher please send me these and I'l send somebody to pick them up each week. Just a follow up. Follow up. I guess my only question would be, considering the nature of this, would there need to be a request or should it be automatic? No Sir. You put out for a reason because the part didn't comply with the health requirement. If you put out for a reason then the least you can do as a party is request the assignment, sure you could say you're going to send him here regardless of a request but it's a simple thing to say I din't comply with all these health rules, I din't get my shots from my kid, and I was a neglectful parent But I don't even have to send you a note to say send me the assignments I think we've got to put some burden back on those parents who didn't do their jobs to start with Sanders, that's where I'm coming around. You want to do a floor on amendment you're welcome. Make somebody a little bit responsible is where I would see that one but I could be wrong I was wrong one time I know of. Senator Tart. Yes Mr Chair it's probably time I'd like to recommend that a favorable to this report. I think Senator Bengham has beaten you to the draw, I saw his David Hall Jerry tail man from bargain. We have a motion from Senator Bengham for a favorable report, all in favor aye. Aye. Any nos? Bill passes. Excuse me the bill has amended and Sanator Barefoot is going to handle the big good job.