California Senate Bill SB1258 Latest Draft

 BILL NUMBER: SB 1258AMENDED BILL TEXT AMENDED IN SENATE APRIL 21, 2016 AMENDED IN SENATE MARCH 29, 2016 INTRODUCED BY Senator Huff FEBRUARY 18, 2016 An act to add Section  49414.3   49414.2  to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 1258, as amended, Huff. Pupil health: food allergies: 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, county office of education, and charter school   local educational agency, as defined,  to develop, in coordination with specified individuals,  and have in place, beginning with the 2017-18 school year, a comprehensive policy with specified protocols to protect pupils with food allergies. By imposing additional duties on 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   49414.2  is added to the Education Code, to read:  49414.3.   49414.2.  (a) Each  school district, county office of education, and charter school   local educational agency  shall develop  and have in place, beginning with the 2017-18 school year,  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 local educational agency. (5) After school events. (6) Field trips. (7) Bullying. (8) Recess. (9) Teacher and employee training. (c) A local educational agency shall create the policy in coordination with, at a minimum, all of the following individuals: (1) A 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 parent of a pupil with a food allergy. (3) An ad hoc parent. (4) A director of food services.  (d) For purposes of this section, a "local educational agency" means a school district, county office of education, or charter school.  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.