Texas 2011 - 82nd Regular

Texas Senate Bill SB27 Compare Versions

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1	1	By: Zaffirini, et al. S.B. No. 27
2	2	(Branch, Hochberg)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to policies of school districts and open-enrollment
8	8	charter schools for the care of certain students at risk for
9	9	anaphylaxis.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 38, Education Code, is
12	12	amended by adding Section 38.0151 to read as follows:
13	13	Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT
14	14	RISK FOR ANAPHYLAXIS. (a) The board of trustees of each school
15	15	district and the governing body or an appropriate officer of each
16	16	open-enrollment charter school shall adopt and administer a policy
17	17	for the care of students with a diagnosed food allergy at risk for
18	18	anaphylaxis based on guidelines developed by the commissioner of
19	19	state health services in consultation with an ad hoc committee
20	20	appointed by the commissioner of state health services.
21	21	(b) A school district or open-enrollment charter school
22	22	that implemented a policy for the care of students with a diagnosed
23	23	food allergy at risk for anaphylaxis before the development of the
24	24	guidelines described by Subsection (a) shall review the policy and
25	25	revise the policy as necessary to ensure the policy is consistent
26	26	with the guidelines.
27	27	(b-1) Not later than December 1, 2011, the commissioner of
28	28	state health services shall appoint members to an ad hoc committee
29	29	to consult with the commissioner of state health services on
30	30	developing guidelines for the care of students with a diagnosed
31	31	food allergy at risk for anaphylaxis. The committee shall be
32	32	composed as follows:
33	33	(1) not more than one representative from each of the
34	34	following entities:
35	35	(A) the Department of State Health Services;
36	36	(B) the Food Allergy Initiative;
37	37	(C) the Food Allergy & Anaphylaxis Network; and
38	38	(D) the Texas School Nurses Organization;
39	39	(2) one principal of a public elementary school campus
40	40	at which one or more students with a diagnosed food allergy at risk
41	41	for anaphylaxis are enrolled;
42	42	(3) one classroom teacher employed at a public
43	43	elementary school campus at which one or more students with a
44	44	diagnosed food allergy at risk for anaphylaxis are enrolled;
45	45	(4) one member each of the governing body of a school
46	46	district and open-enrollment charter school;
47	47	(5) one superintendent of an independent school
48	48	district;
49	49	(6) not more than one physician member of the Texas
50	50	chapter of the American Academy of Allergy, Asthma & Immunology;
51	51	and
52	52	(7) at least two parents of public school students
53	53	with a diagnosed food allergy at risk for anaphylaxis.
54	54	(b-2) Not later than May 1, 2012, the commissioner of state
55	55	health services shall, in consultation with the ad hoc committee
56	56	established under this section, develop guidelines for the care of
57	57	students with a diagnosed food allergy at risk for anaphylaxis.
58	58	(b-3) Section 2110.005, Government Code, does not apply to
59	59	the ad hoc committee appointed under Subsection (b-1).
60	60	(b-4) Subsections (b-1), (b-2), and (b-3) and this
61	61	subsection expire June 1, 2012.
62	62	(c) The guidelines described by Subsection (a) may not:
63	63	(1) require a school district or open-enrollment
64	64	charter school to purchase prescription anaphylaxis medication,
65	65	such as epinephrine, or require any other expenditure that would
66	66	result in a negative fiscal impact on the district or charter
67	67	school; or
68	68	(2) require the personnel of a district or charter
69	69	school to administer anaphylaxis medication, such as epinephrine,
70	70	to a student unless the anaphylaxis medication is prescribed for
71	71	that student.
72	72	(d) This section does not:
73	73	(1) waive any liability or immunity of a governmental
74	74	entity or its officers or employees; or
75	75	(2) create any liability for or a cause of action
76	76	against a governmental entity or its officers or employees.
77	77	(e) The agency shall post the guidelines developed by the
78	78	commissioner of state health services under this section on the
79	79	agency's website with any other information relating to students
80	80	with special health needs.
81	81	SECTION 2. Not later than August 1, 2012, the board of
82	82	trustees of each school district and the governing body or an
83	83	appropriate officer of each open-enrollment charter school shall
84	84	implement the policy for the care of students with a diagnosed food
85	85	allergy at risk for anaphylaxis as required by Section 38.0151,
86	86	Education Code, as added by this Act.
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2011.