S-4904               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6223

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Education (originally sponsored by Senators Rinehart, Bailey, Bender, Gaspard, Metcalf, Lee, Murray, Talmadge and Craswell;by request of Superintendent of Public Instruction)

Read first time 2/2/90.

AN ACT Relating to scoliosis screening; amending RCW 28A.31.130, 28A.31.132, and 28A.31.134; repealing RCW 28A.31.139; and declaring an emergency.

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

        Sec. 1.  Section 1, chapter 47, Laws of 1979 as amended by section 1, chapter 216, Laws of 1985 and RCW 28A.31.130 are each amended to read as follows:

          The legislature recognizes that the condition known as scoliosis, a lateral curvature of the spine commonly appearing in adolescents, can develop into a permanent, crippling disability if left untreated.  Early diagnosis and referral can often result in the successful treatment of this condition and greatly reduce the need for major surgery.  Therefore, the purpose of RCW 28A.31.130 through 28A.31.142 is to recognize that a school screening program is an invaluable tool for detecting the number of adolescents with scoliosis.  It is the intent of the legislature to insure that the superintendent of public instruction provide and require periodic screening for the condition known as scoliosis of ((all)) children in the highest risk age group, ((grades 5 through 10)) early adolescence, to ascertain which, if any, of these children have defects requiring corrective treatment.

        Sec. 2.  Section 2, chapter 47, Laws of 1979 as amended by section 2, chapter 216, Laws of 1985 and RCW 28A.31.132 are each amended to read as follows:

          As used in RCW 28A.31.130 through 28A.31.142, the following terms have the meanings indicated.

          (1) "Superintendent" means the superintendent of public instruction of public schools in the state, or his designee.

          (2) "Pupil" means a student enrolled in the public school system in the state.

          (3) "Scoliosis" includes idiopathic scoliosis and kyphosis.

          (4) "Screening" means an examination ((to be performed on all pupils in grades 5 through 10)) for the purpose of detecting the condition known as scoliosis((, except as provided in RCW 28A.31.139)).

          (5) "Public schools" means the common schools referred to in Article IX of the state Constitution and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense.

        Sec. 3.  Section 3, chapter 47, Laws of 1979 as amended by section 3, chapter 216, Laws of 1985 and RCW 28A.31.134 are each amended to read as follows:

          The superintendent shall provide for and require the ((yearly examination)) annual screening of all children attending public schools in grades 5 ((through 10, except as provided in RCW 28A.31.139)), 7, and 9, in accordance  with procedures and standards adopted by rule of the state board of health in cooperation with the superintendent of public instruction.  School districts shall screen students in grades 6 and 8 who have transferred since the last annual screening from a school district not providing scoliosis screening.  The examination shall be made by a school physician, school nurse, qualified licensed health practitioner, or physical education instructor or by other school personnel.  Proper training of the personnel in the screening process for scoliosis shall be provided by the superintendent.

NEW SECTION. Sec. 4.  Section 6, chapter 216, Laws of 1985 and RCW 28A.31.139 are each repealed.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.