10 State & Federal Laws You May Be Violating

Written by Terri Brinston
July 13, 2023

If your school does not have a School Nurse, or you need help navigating through all the Federal and State requirements, then this information is for you!

M.S.N. Consulting Services, LLC emerged after I read an article entitled “School Nurse Shortage.” As a Registered Nurse, teacher, and parent, I was devastated as I read,

“When Mercedes collapsed to the floor, the school staff called the paramedics, but no one gave her an injection from the Epi-Pen, nor did they attempt any form of CPR or mouth-to-mouth resuscitation. When paramedics arrived, six minutes later, Mercedes was in full cardiac arrest and she died of an acute asthma attack”

(School Nurse Shortage, School budget cuts mean that school nurse jobs are disappearing across the country, leaving children at risk, By Carol Mithers: http://www.cnn.com/2011/HEALTH/04/04/school.nurse.shortage.parenting/index.html#

This tragedy is a common fear amongst administrators and school staff, especially due to the fact that only 27% of schools in the state of Michigan have a School Nurse. A School Nurse is the only school faculty that is focused 100% of the time on the health and well-being of the students and staff.

They not only ensure that the school complies with state and federal requirements, but they exceed the minimum expectations and promote best practices.

If your school system does not have a School Nurse, or you need help navigating through all the federal and state requirements, then this information is for you.

This article outlines some of the most common laws/guidelines ignored or misunderstood by our schools in the State of Michigan:

FEDERAL STATUTES

1. Schools are not training staff to provide medical support for children with existing or new medical conditions. This support may range from administering medication to providing suctioning for students with tracheostomies.

Section 504, Rehabilitation Act of 1973
This law protects the rights of children with special health-care needs (CSHCN) by providing related services, including health services, to those not eligible for special education

2. Head Start programs are not requiring their staff to maintain their certification in First Aid and CPR. They are not identifying the medical needs of the students and making sure that the staff members who are assigned to work with them are trained to support their medical condition.

Head Start staff is required to provide medical support for their students. Head Start Programs do not have to have nurses on staff, yet 10% of the enrolled Head Start children must have a disability, some of these are related to health and needing medication or treatments during their time in school.

PLEASE NOTE: Head Start Program requirements include a physical exam based on EPSDT guidelines; dental exam;
 immunizations; vision; hearing and developmental screening and a nutritional snack and lunch

3. Schools do not have, maintain, and/or promote their wellness policy. Their wellness policy is not a living document that drives policies that address health and wellness.

Public Law 108-265 Section 204 Model Policy for Michigan LOCAL WELLNESS POLICY – became law June 30, 2004, as part of the Child Nutrition and WIC Reauthorization Act of 2004. Local education agencies shall establish a local school wellness policy. The policy includes goals for nutrition education, physical activity, nutrition guidelines for all foods sold on campus, assure that school meals meet USDA regulations, establishing a plan for measuring implementation of the wellness policy, involving students, parents, representatives of school food authority and others.

Michigan General Statutes School Health

4. Teachers and Staff are not receiving required bloodborne pathogen training. 

MIOSHA R325.47201, Part 472
Employer responsibilities to employee regarding training and response to exposure to bloodborne pathogens.

5. Schools are not aware of the new post-concussion return-to-play requirements.

Public Act 342 and 343 of 2013
Require all levels of schools and youth sports organizations to educate, train and collect forms for non-MHSAA activities including physical education classes, intramural and out-of-season camps, or clinics.

6. Schools are not teaching HIV/AIDS in every building and the teachers are not being trained properly.

§380.1169
Requires that the principal modes by which communicable diseases including HIV/AIDS are spread and the best methods for preventing these diseases be taught in every Michigan school. Also requires that each person who teaches K-12 about HIV and AIDS be trained in HIV & AIDS.

7. Schools do not provide a health curriculum that focus on substance abuse.

§380.1170
Requires that school districts develop comprehensive school health education programs with special reference to substance abuse, including the abusive use of tobacco, alcohol, and drugs, and their effect upon the human system. A parent/guardian can excuse their child from instruction if the content of the curriculum is in conflict with his or her religious beliefs.

8. School staff are not being trained or monitored in First Aid & CPR/AED

Medical Services and First Aid R325.47201, Part 472
MIOSHA – Guidelines indicate employer must adequately have a trained first aid certified person on site. [BSR/CET- 5951 (11/01)]. Michigan Law PA 18 of 2003 requires
 newly hired teachers to be certified.

9. Schools are required to provide medical support for students with health needs.

Public Health Code (Excerpt) Act 368 of 1978, Part 9101
The department (MDCH) shall establish a plan for health services for pupils in elementary and secondary schools of this state. The plan shall include a definition of school health services and standards for implementation.

10. Schools are required to receive medication training. Schools must have an epi-pen on-site at every building with two staff members trained.

Section 380.1179a (2013, Act 187, Eff. Mar. 14, 2014) of the Michigan School Code. Schools are required to have a medication policy. This policy reflects guidelines outlined in a Michigan Department of Education memorandum. 

ADDENDUM TO THE 2002 MODEL POLICY

Each school building with ten or more instructional and administrative staff will designate at least two employees at the school for authorization to administer an epinephrine auto-injector. Schools with fewer than ten staff will designate at least one such employee.

So if your school system does not have a School Nurse, someone to help you navigate through all the federal and state requirements, 
WE CAN HELP!

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We will assist you in developing a service plan that will help you monitor and maintain a healthy and safe school environment. We’ll provide oversight of current and upcoming federal/state laws.

We Will:

• Secure state compliance
• Provide case management, health and mental health services

• Serve as a consultant for health concerns

• Serve as a link between health care providers, families, staff, 
and community agencies
• Provide health education, health resources, and wellness
programs

My School Nurse assists schools in keeping our children safe and healthy.

Understanding the MHSAA Requirements: A Coach’s Responsibility

All varsity, junior varsity, and 9th-grade head coaches are mandated to maintain a valid CPR certification, a requirement tracked by the school athletic director. This certification is on par with meeting risk management course requirements for assistant and sub-varsity coaches. The Michigan High School Athletic Association (MHSAA) requires athletic directors to confirm these certifications each season through MHSAA.com.

Failure to meet these requirements before the specified deadlines can have significant consequences. Coaches who fall short risk being prohibited from coaching in that season’s MHSAA tournament for their respective sports. Furthermore, they won’t be allowed to be present at the facility where the tournament involving their sports team is held.

Comprehensive Solutions for CPR Certification with My School Nurse

Navigating these requirements can be a daunting task for athletic directors and coaching staff. Enter My School Nurse, a pioneering solution dedicated to making CPR certification seamless and convenient for high school coaches.

Convenient Training

My School Nurse understands the demanding schedules of coaches. Our CPR training programs are tailored to your team’s availability, ensuring minimal disruption to your coaching staff’s busy calendar. We bring the expertise directly to your location, making the certification process convenient and efficient. We also provide blended learning options. An approach that combines online with physical place-based classroom methods. This reduces training scheduling time.

National Outreach

While we specialize in meeting the specific requirements set by MHSAA, we encourage athletic directors in other states to review their individual state requirements. My School Nurse extends its comprehensive on-site and blended learning CPR training services nationwide, ensuring that coaches across the country can benefit from our expertise

Conclusion: Prioritize Safety with My School Nurse

In the fast-paced world of high school sports, ensuring the safety of both athletes and coaches is non-negotiable. My School Nurse not only facilitates compliance with MHSAA regulations but also extends its commitment to safety and well-being to coaches nationwide. Schedule your on-site CPR training with My School Nurse today and prioritize safety on and off the field.

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