2008 House Bill 107 (Require automated external defibrillators in private schools)

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Introduced by Rep. Derrick W Graham on January 8, 2008, to require public and private schools in Kentucky to acquire, maintain, and train staff in the operation of automated external defibrillators. The bill also gives the state board of education power to regulate compliance with its requirements.
- Referred to the House Education Committee on January 10, 2008.

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Comments

Introduced by Rep. Derrick W Graham on January 8, 2008. New Comment

1) RE: BR-330, Require AEDs in Schools [by Anonymous Citizen on December 9, 2007]
Overall comment: A requirement for Automated External Defibrillators (AED) in academic athletic areas is laudable, but the details of implementation are seriously flawed in this bill.

The bill requires objectionable and unnecessary intrusion by the Kentucky Board of Education into the private school system and into an area where it lacks expertise and resources. The bill even implies that the KBE will spend public education money in private schools, which raises constitutional issues.

Page 1, Lines 21 and 22 indicate that the act (hence the requirement for an AED) will not apply to a school hosting visiting teams for practice or an actual event. That clearly makes no sense. This is exactly the most important time to have such equipment available as large numbers of people, probably including adults, are more likely to be present under such conditions.

Page 2, Lines 25 and 26 require the State Board for Elementary and Secondary Education (KBE) to establish rules and regulations regarding the AEDs. The KBE and the Kentucky Department of Education do not have expertise in this area and do not need to infringe on the responsibilities of the Board of Emergency Services which is the proper regulatory agency for this bill. The KBE should be required to render support as needed by the Board of Emergency Services, but should not be the primary responsible agency.

Page 2, Lines 10 and later. Again, the Kentucky Department of Education should not be primary for developing and enforcing this new legal requirement. This section will need extensive revision to insure the Kentucky Board of Emergency Services is the primary responsible agency for this bills support and enforcement.

Page 3, Lines 15 to 18 imply that the KBE will be spending public money to provide training for private school personnel in the operation of AEDs. Such funding and support should come from the Board of Emergency Services, which is far more likely to have staff already available with the expertise in this area. Moreover, money allocated to Emergency Services clearly is not earmarked as education dollars, which avoids a potential constitutional issue re: Section 189 of the Kentucky constitution.

Page 4, Lines 7 to 27 need to be changed to delete the KBE from primary funding and training responsibility for this bill.

Page 4, Lines 19 to 24 should indicate that the local boards only have responsibility to cooperate with the Board of Emergency Services and local designees on installing, housing and maintaining the AEDs.

Page 4, Lines 25 to Page 5, Line 3 should be changed so that the funding is from the Board of Emergency Services. Time provisions for training should be determined by local boards and the teachers’ representatives to allow flexibility for weekend training, and so forth.

Page 5, lines 12 to 17 should not be deleted. The KBE has no expertise in this area and supervision at the local level by a physician seems highly appropriate. In addition, this change would remove the local physician supervision provision from all AED installations, including many that have no connection to school systems. This is highly inappropriate.

Page 6, Lines 7 to 8 deletion should not be made.

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2) i agree [by newmark on December 16, 2007]
Frankfort should stay out of private schools. Maybe they should focus on fixing their own schools first. We're what, #48 now?

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