SB 1258, as amended, Huff. Pupil health: food allergies: local educational agency 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 eachbegin delete school district, county office of education, and charter schoolend deletebegin insert local educational agency, as defined,end insert to develop, in coordination with specified individuals,begin insert
and have in place, beginning with the 2017-18 school year,end insert a comprehensive policy with specified protocols to protect pupils with food allergies. By imposing additional duties on local educational agencies, 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:
Sectionbegin delete 49414.3end deletebegin insert 49414.2end insert is added to the 2Education Code, to read:
(a) Eachbegin delete school district, county office of education, begin insert local educational agencyend insert shall developbegin insert and
5and charter schoolend delete
6have in place, beginning with the 2017-18 school year,end insert a
7comprehensive policy to protect pupils with food allergies.
8(b) The policy shall include, at a minimum, protocols for pupils
9with food allergies that pertain to all of the following:
10(1) School stocking of medication, including storage of
11medication in classrooms.
12(2) School parties.
13(3) Lunch time, including seating arrangements.
14(4) Food served by the local educational agency.
15(5) After school events.
16(6) Field trips.
17(7) Bullying.
18(8) Recess.
19(9) Teacher and employee training.
20(c) A local educational agency shall create the policy in
21coordination with, at a minimum, all of the following individuals:
22(1) A local educational agency or schoolsite nurse, or, if there
23is no local educational agency or schoolsite nurse, the local
24educational agency or schoolsite’s designated health personnel.
25(2) A parent of a pupil with a food allergy.
26(3) An ad hoc parent.
27(4) A director of food services.
begin insert
28
(d) For purposes of this section, a “local educational agency”
29means a school district, county office of education, or charter
30school.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
O
97