Senator Rosilicie Ochoa Bogh (R–Yucaipa) announced today that the Governor has signed Senate Bill 389 into law. The legislation allows licensed vocational nurses (LVNs) working in schools to continue providing essential respiratory care, such as suctioning and tracheostomy support, to students with special healthcare needs under the supervision of a credentialed school nurse.
“At the heart of this bill are the children who depend on us for their health, safety, and education,” said Senator Ochoa Bogh. “I authored SB 389 to ensure these vulnerable students can continue receiving the skilled, compassionate care they deserve in their schools. I am deeply grateful to the California School Nurses Organization, parents, educators, and advocates who worked alongside me to make this law a reality.”
SB 389 resolves uncertainty created by SB 1436 (Roth, 2022), which inadvertently raised questions about whether LVNs in educational settings could continue providing suctioning and tracheostomy care. Without this clarification, students requiring these services risked disruptions in care, while school districts faced the possibility of staffing shortages and increased costs.
“The California School Nurses Organization is thrilled that SB 389 has been signed into law,” said Katie Nilsson, President of the California School Nurses Organization. “We want to thank Governor Newsom for recognizing the importance of ensuring all students have access to the care they need to learn and grow in a safe environment. We also want to express our gratitude to Senator Ochoa Bogh and her staff for their work on this important issue.”
By enshrining in law that LVNs working in schools remain governed by Education Code Section 49423.5, regardless of future changes in other healthcare laws, SB 389 guarantees that school-based LVNs can continue providing the critical care services they have been trained to deliver since 2001.
“With the Governor’s signature, California’s most medically fragile students and their families can now be assured of consistent, safe, and compassionate care at school,” Ochoa Bogh added.
The new law will take effect on January 1, 2026.