By: Zaffirini, et al. S.B. No. 27
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Education;
March 31, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 31, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 27 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to policies of school districts and open-enrollment
charter schools for the care of certain students at risk for
anaphylaxis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0151 to read as follows:
Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT
RISK FOR ANAPHYLAXIS. (a) The board of trustees of each school
district and the governing body or an appropriate officer of each
open-enrollment charter school shall adopt and administer a policy
for the care of students with a diagnosed food allergy at risk for
anaphylaxis based on guidelines developed by the commissioner of
state health services in consultation with an ad hoc committee
appointed by the commissioner of state health services.
(b) A school district or open-enrollment charter school
that implemented a policy for the care of students with a diagnosed
food allergy at risk for anaphylaxis before the development of the
guidelines described by Subsection (a) shall review the policy and
revise the policy as necessary to ensure the policy is consistent
with the guidelines.
(b-1) Not later than December 1, 2011, the commissioner of
state health services shall appoint members to an ad hoc committee
to consult with the commissioner of state health services on
developing guidelines for the care of students with a diagnosed
food allergy at risk for anaphylaxis. The committee shall be
composed as follows:
(1) not more than one representative from each of the
following entities:
(A) the Department of State Health Services;
(B) the Food Allergy Initiative;
(C) the Food Allergy & Anaphylaxis Network; and
(D) the Texas School Nurses Organization;
(2) one principal of a public elementary school campus
at which one or more students with a diagnosed food allergy at risk
for anaphylaxis are enrolled;
(3) one classroom teacher employed at a public
elementary school campus at which one or more students with a
diagnosed food allergy at risk for anaphylaxis are enrolled;
(4) one member each of the governing body of a school
district and open-enrollment charter school;
(5) one superintendent of an independent school
district;
(6) not more than one physician member of the Texas
chapter of the American Academy of Allergy, Asthma & Immunology;
and
(7) at least two parents of public school students
with a diagnosed food allergy at risk for anaphylaxis.
(b-2) Not later than May 1, 2012, the commissioner of state
health services shall, in consultation with the ad hoc committee
established under this section, develop guidelines for the care of
students with a diagnosed food allergy at risk for anaphylaxis.
(b-3) Section 2110.005, Government Code, does not apply to
the ad hoc committee appointed under Subsection (b-1).
(b-4) Subsections (b-1), (b-2), and (b-3) and this
subsection expire June 1, 2012.
(c) The guidelines described by Subsection (a) may not:
(1) require a school district or open-enrollment
charter school to purchase prescription anaphylaxis medication,
such as epinephrine, or require any other expenditure that would
result in a negative fiscal impact on the district or charter
school; or
(2) require the personnel of a district or charter
school to administer anaphylaxis medication, such as epinephrine,
to a student unless the anaphylaxis medication is prescribed for
that student.
(d) This section does not:
(1) waive any liability or immunity of a governmental
entity or its officers or employees; or
(2) create any liability for or a cause of action
against a governmental entity or its officers or employees.
(e) The agency shall post the guidelines developed by the
commissioner of state health services under this section on the
agency's website with any other information relating to students
with special health needs.
SECTION 2. Not later than August 1, 2012, the board of
trustees of each school district and the governing body or an
appropriate officer of each open-enrollment charter school shall
implement the policy for the care of students with a diagnosed food
allergy at risk for anaphylaxis as required by Section 38.0151,
Education Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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