173 Neb. Admin. Code, ch. 7, § 001

Current through September 17, 2024

Section 173-7-001 - SCOPE AND AUTHORITY

001.01 Statutory Authority

This chapter is adopted pursuant to Neb. Rev. Stat. §§ 79-214, 79-220, and 79-248 to 79-253.

001.02 Scope

These regulations apply to every public school district in Nebraska and students under their jurisdiction. This includes children aged 3-5 years enrolled in early childhood education or early childhood special education programs as defined in Title 92 Nebraska Administrative Code, Chapters 11 and Chapter 51 respectively.

001.03 Role of School Boards

Neb. Rev. Stat. § 79-251 states the boards of education and school boards of the school districts of the state shall enforce the provisions of Neb. Rev. Stat. §§ 79-248 to 79-253.

Neb. Rev. Stat. § 79-252 states that school district boards of education or school boards may employ licensed physicians to conduct screening in lieu of conducting screening.

Neb. Rev. Stat. § 79-214 states that the school board of any school district shall require evidence of a physical examination and visual evaluation for those students in applicable grades.

001.04 Role of the Department of Health and Human Services (DHHS)

7-001.04ANeb. Rev. Stat. § 79-248 identifies the prescriptive role of the Department of Health and Human Services in identifying conditions for which to screen the school-aged population. Neb. Rev. Stat. § 79-249 provides the statutory authority to the Department of Health and Human Services to promulgate these rules and regulations. DHHS is to prescribe the schedule for minimum required school health screenings, which shall be based on current medical and public health practice, and to define the qualifications of the person or persons authorized to conduct required screenings.

7-001.04B Pursuant to Neb. Rev. Stat. § 79-249, the School Health Program in the DHHS Division of Public Health provides the School Health Guidelines for Nebraska schools; makes available useful materials to assist schools to implement school health screening programs; and makes available methods for gathering, analyzing, and utilizing data obtained that do not violate any privacy laws.

001.05 Purpose of Screening

The purpose of screening is to identify those students needing further evaluation or assistance in the areas screened. A health screening or health inspection is not diagnostic.

001.06 Role of Schools

The role of the school in these regulations is to make available required health screening services and carry out compliance activities as described. It is not the role of the school to be a medical provider. Parents/guardians are to be notified of the screening result if the student is found to need further evaluation, as determined by a qualified screener and comparison of individual data with an objective standard. The cost of such evaluation shall be borne by the parent or guardian of the student.

173 Neb. Admin. Code, ch. 7, § 001