Senate Bill 389, authored by Senator Rosilicie Ochoa Bogh (R–Yucaipa), has passed the California State Assembly with bipartisan support and is now headed to the Governor for signature. The bill is designed to ensure that licensed vocational nurses (LVNs) in schools can continue providing respiratory care to students with special healthcare needs, under the supervision of credentialed school nurses.
“At the heart of this bill are the children who depend on us for their health, safety, and education,” said Senator Ochoa Bogh. “SB 389 ensures that students with exceptional healthcare needs will continue receiving the skilled, compassionate care they rely on every day at school. I’m deeply grateful to everyone who worked to protect these vital services and uphold every child’s right to learn in a safe and supportive environment.”
The legislation aims to address issues stemming from SB 1436 (Roth, 2022), which led to uncertainty regarding whether LVNs could continue performing medically necessary suctioning support and tracheostomy care in educational settings. Without this legislative clarification, there was concern that students requiring such care might experience disruptions in service and that school districts could face increased staffing challenges and financial pressures.
“Every student deserves the chance to learn in a safe environment. SB 389 ensures that students who require suctioning or tracheostomy care have access to trained LVNs, keeping them safe and included in the school community,” said Katie Nilsson, President of the California School Nurses Organization. “On behalf of the California School Nurses Organization, we want to thank Senator Ochoa Bogh and her staff for their work on this important issue.”
If enacted, SB 389 would ensure that LVNs working in schools remain governed by Education Code Section 49423.5 regardless of future changes to other healthcare laws. This provision allows them to continue providing suctioning and tracheostomy care services they have been trained for since 2001.
The bill now awaits consideration by Governor Newsom. If signed into law, it will allow school-based LVNs across California to keep delivering essential medical care for students with significant health needs.
