California 2015 2015-2016 Regular Session

California Senate Bill SB1258 Amended / Bill

Filed 03/29/2016

 BILL NUMBER: SB 1258AMENDED BILL TEXT AMENDED IN SENATE MARCH 29, 2016 INTRODUCED BY Senator Huff FEBRUARY 18, 2016 An act to add Section 49414.3 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 1258, as amended, Huff. Pupil health: food allergies:  school district  local educational agency  policy. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. This bill would require each school  district     district, county office of education, and charter school  to develop, in coordination with specified individuals, a comprehensive policy with specified protocols to protect pupils with food allergies. By imposing additional duties on  school districts,   local educational agencies,  the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 49414.3 is added to the Education Code, to read: 49414.3. (a) Each school  district   district, county office of education, and charter school  shall develop a comprehensive policy to protect pupils with food allergies. (b) The policy shall include, at a minimum, protocols for pupils with food allergies that pertain to all of the following: (1) School stocking of medication, including storage of medication in classrooms. (2) School parties. (3) Lunch time, including seating arrangements. (4) Food served by the  school district.   local educational agency.  (5) After school events. (6) Field trips. (7) Bullying. (8) Recess. (9) Teacher and employee training. (c) A  school district   local educational agency  shall create the policy in coordination with, at a minimum, all of the following individuals: (1) A  school district nurse or health aid.   local educational agency or schoolsite nurse, or, if there is no local educational agency or schoolsite nurse, the local educational agency or schoolsite   's designated health personnel.  (2) A  member of the food allergy community.   parent of a pupil with a food allergy.  (3) An ad hoc parent. (4) A director of food services. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.