Texas 2009 - 81st Regular

Texas House Bill HB1410 Compare Versions

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1	1	81R26787 JSC-F
2	2	By: Ortiz, Jr., Davis of Harris, H.B. No. 1410
3	3	Smith of Tarrant, Herrero, Kolkhorst,
4	4	et al.
5	5	Substitute the following for H.B.
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to student information required to be provided at the time
11	11	of enrollment in public schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 25, Education Code, is
14	14	amended by adding Section 25.0022 to read as follows:
15	15	Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON
16	16	ENROLLMENT. (a) In this section, "severe food allergy" means a
17	17	dangerous or life-threatening reaction of the human body to a
18	18	food-borne allergen introduced by inhalation, ingestion, or skin
19	19	contact that requires immediate medical attention.
20	20	(b) Upon enrollment of a child in a public school, a school
21	21	district shall request, by providing a form or otherwise, that a
22	22	parent or other person with legal control of the child under a court
23	23	order:
24	24	(1) disclose whether the child has a food allergy or a
25	25	severe food allergy diagnosed by a physician;
26	26	(2) specify the food to which the child is allergic and
27	27	the nature of the allergic reaction; and
28	28	(3) provide documentation from a physician regarding
29	29	the allergy, including, if applicable, a physician's order to
30	30	administer medication related to the allergy.
31	31	(c) A school district shall maintain the confidentiality of
32	32	information provided under this section, and may disclose the
33	33	information to teachers, school counselors, school nurses, and
34	34	other appropriate school personnel only to the extent consistent
35	35	with district policy under Section 38.009 and permissible under the
36	36	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
37	37	Section 1232g).
38	38	(d) Information regarding a child's food allergy shall be
39	39	placed in the child's medical records.
40	40	SECTION 2. Subchapter A, Chapter 38, Education Code, is
41	41	amended by adding Section 38.0092 to read as follows:
42	42	Sec. 38.0092. CLASSROOM SIGNS INDICATING SEVERE FOOD
43	43	ALLERGY. (a) In this section, "severe food allergy" has the
44	44	meaning assigned by Section 25.0022.
45	45	(b) The commissioner shall adopt a sign for use in
46	46	classrooms indicating that a child in the classroom has a severe
47	47	food allergy. The commissioner by rule shall specify the language
48	48	of the warning and the size and graphic design of the sign,
49	49	including font size and type. The sign must include the phrase
50	50	"Severe Food Allergy."
51	51	(c) The school shall post the sign adopted under Subsection
52	52	(b) in each elementary school classroom in which a child with a
53	53	severe food allergy is placed if a parent or a person with legal
54	54	control of a child under a court order indicates to the school
55	55	district under Section 25.0022 that the child has a severe food
56	56	allergy.
57	57	(d) The sign under Subsection (b) may not be modified to
58	58	identify a child in the classroom with a severe food allergy.
59	59	SECTION 3. This Act applies beginning with the 2009-2010
60	60	school year.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.