California 2021 2021-2022 Regular Session

California Assembly Bill AB2640 Introduced / Bill

Filed 02/18/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2640Introduced by Assembly Member ValladaresFebruary 18, 2022 An act to add Section 49414.2 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 2640, as introduced, Valladares. Pupil health: food allergies: California Food Allergy Resource Guide.Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel, 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, as provided. This bill would require the State Department of Education to create the California Food Allergy Resource Guide for voluntary use by school districts, county offices of education, and charter schools to help protect pupils with food allergies. The bill would require the department to ensure that the guide provides practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. The bill would require the guide to include specified content, including state and federal resources available to pupils with food allergies, methods for pupils to initiate individualized food allergy management and prevention plans and to obtain food ingredient lists from school food providers, and strategies to minimize the risk of food anaphylaxis in school. The bill would encourage local educational agencies to follow the guide and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and to make it available to pupils annually.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies.SEC. 2. Section 49414.2 is added to the Education Code, to read:49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2640Introduced by Assembly Member ValladaresFebruary 18, 2022 An act to add Section 49414.2 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 2640, as introduced, Valladares. Pupil health: food allergies: California Food Allergy Resource Guide.Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel, 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, as provided. This bill would require the State Department of Education to create the California Food Allergy Resource Guide for voluntary use by school districts, county offices of education, and charter schools to help protect pupils with food allergies. The bill would require the department to ensure that the guide provides practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. The bill would require the guide to include specified content, including state and federal resources available to pupils with food allergies, methods for pupils to initiate individualized food allergy management and prevention plans and to obtain food ingredient lists from school food providers, and strategies to minimize the risk of food anaphylaxis in school. The bill would encourage local educational agencies to follow the guide and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and to make it available to pupils annually.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2640

Introduced by Assembly Member ValladaresFebruary 18, 2022

Introduced by Assembly Member Valladares
February 18, 2022

 An act to add Section 49414.2 to the Education Code, relating to pupil health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2640, as introduced, Valladares. Pupil health: food allergies: California Food Allergy Resource Guide.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel, 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, as provided. This bill would require the State Department of Education to create the California Food Allergy Resource Guide for voluntary use by school districts, county offices of education, and charter schools to help protect pupils with food allergies. The bill would require the department to ensure that the guide provides practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. The bill would require the guide to include specified content, including state and federal resources available to pupils with food allergies, methods for pupils to initiate individualized food allergy management and prevention plans and to obtain food ingredient lists from school food providers, and strategies to minimize the risk of food anaphylaxis in school. The bill would encourage local educational agencies to follow the guide and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and to make it available to pupils annually.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel, 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, as provided. 

This bill would require the State Department of Education to create the California Food Allergy Resource Guide for voluntary use by school districts, county offices of education, and charter schools to help protect pupils with food allergies. The bill would require the department to ensure that the guide provides practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. The bill would require the guide to include specified content, including state and federal resources available to pupils with food allergies, methods for pupils to initiate individualized food allergy management and prevention plans and to obtain food ingredient lists from school food providers, and strategies to minimize the risk of food anaphylaxis in school. The bill would encourage local educational agencies to follow the guide and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and to make it available to pupils annually.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies.SEC. 2. Section 49414.2 is added to the Education Code, to read:49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies.

SECTION 1. This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies.

SECTION 1. This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies.

### SECTION 1.

SEC. 2. Section 49414.2 is added to the Education Code, to read:49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.

SEC. 2. Section 49414.2 is added to the Education Code, to read:

### SEC. 2.

49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.

49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.

49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:(1) A compilation of state and federal resources available for pupils with food allergies.(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.



49414.2. (a) The department shall create a publication entitled the California Food Allergy Resource Guide for voluntary use by local educational agencies in the state to help protect pupils with food allergies. In creating the guide, the department shall ensure all of the following:

(1) The focus of the guide is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.

(2) The guide references the most recent version of the federal Centers for Disease Control and Prevention Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs.

(3) A summary of the specific state and local laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).

(b) The content of the California Food Allergy Resource Guide shall include, at a minimum, all of the following:

(1) A compilation of state and federal resources available for pupils with food allergies.

(2) Methods and qualifications necessary for pupils to initiate individualized food allergy management and prevention plans.

(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.

(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the schools food service providers.

(c) A local educational agency is encouraged to follow the California Food Allergy Resource Guide created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available to pupils annually.

(d) For purposes of this section, local educational agency means a school district, county office of education, and charter school.