SB 1258,
as amended, Huff. Pupil health: food allergies:begin delete school districtend deletebegin insert local educational agencyend insert 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 schoolbegin delete districtend deletebegin insert end insertbegin insertdistrict, county office of education, and charter schoolend insert to
develop, in coordination with specified individuals, a comprehensive policy with specified protocols to protect pupils with food allergies. By imposing additional duties onbegin delete school districts,end deletebegin insert local educational agencies,end insert 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 49414.3 is added to the Education Code,
2to read:
(a) Each schoolbegin delete districtend deletebegin insert district, county office of
4education, and charter schoolend insert shall develop a comprehensive
5policy to protect pupils with food allergies.
6(b) The policy shall include, at a minimum, protocols for pupils
7with food allergies that pertain to all of the following:
8(1) School stocking of medication, including storage of
9medication in classrooms.
10(2) School parties.
11(3) Lunch time, including seating arrangements.
12(4) Food served by thebegin delete school district.end deletebegin insert local educational agency.end insert
13(5) After school events.
14(6) Field trips.
15(7) Bullying.
16(8) Recess.
17(9) Teacher and employee training.
18(c) Abegin delete school districtend deletebegin insert
local educational agencyend insert shall create the
19policy in coordination with, at a minimum, all of the following
20individuals:
21(1) Abegin delete school district nurse or health aid.end deletebegin insert local educational
22agency or schoolsite nurse, or, if there is no local educational
23agency or schoolsite nurse, the local educational agency or
24schoolsiteend insertbegin insert’s designated health personnel.end insert
25(2) Abegin delete member of the food allergy community.end deletebegin insert
parent of a pupil
26with a food allergy.end insert
27(3) An ad hoc parent.
28(4) A director of food services.
If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
P3 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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