BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  A new section is added to chapter 28A.210RCW to read as follows:

    (1) The attendance of every childat every public school in the state shall be conditioned uponthe presentation before or on each child's first day of attendanceat a particular school of a medication or treatment order addressingany life-threatening health condition that the child has thatmay require medical services to be performed at the school. Once such an order has been presented, the child shall be allowedto attend school.

    (2) The chief administrator of everypublic school shall prohibit the further presence at the schoolfor any and all purposes of each child for whom a medication ortreatment order has not been provided in accordance with thissection if the child has a life-threatening health condition thatmay require medical services to be performed at the school andshall continue to prohibit the child's presence until such orderhas been provided.  The exclusion of a child from a schoolshall be accomplished in accordance with rules of the state boardof education.  Before excluding a child, each school shallprovide written notice to the parents or legal guardians of eachchild or to the adults in loco parentis to each child, who isnot in compliance with the requirements of this section. The notice shall include, but not be limited to, the following: (a) The requirements established by this section; (b) the factthat the child will be prohibited from further attendance at theschool unless this section is complied with; and (c) such proceduraldue process rights as are established pursuant to this section.

    (3) The state board of educationshall adopt rules under chapter 34.05 RCW that establish the proceduraland substantive due process requirements governing the exclusionof children from public schools under this section.  Therules shall include any requirements under applicable federallaws.

    (4) As used in this section, "life-threateningcondition" means a health condition that will put the childin danger of death during the school day if a medication or treatmentorder and a nursing plan are not in place.

    (5) As used in this section, "medicationor treatment order" means the authority a registered nurseobtains under RCW 18.79.260(2).

Passed the House February 14, 2002.

Passed the Senate March 7, 2002.

Approved by the Governor March 22, 2002.

Filed in Office of Secretary of State March 22, 2002.