BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1258
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|Author: |Huff |
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|Version: |March 29, 2016 Hearing |
| |Date: April 13, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Pupil health: food allergies: local educational
agency policy
SUMMARY
This bill requires each school district, county office of
education, and charter school to develop a comprehensive policy
to protect students with food allergies.
BACKGROUND
Existing law:
1) Requires local educational agencies (LEAs) to provide
emergency epinephrine auto-injectors to school nurses or
trained personnel who have volunteered, and authorizes
school nurses or trained personnel to use the epinephrine
auto-injectors to provide emergency medical aid to a person
suffering from an anaphylactic reaction. (Education Code §
49414)
2) Authorizes students to carry and self-administer prescribed
inhaled asthma or auto-injectable epinephrine medication
while at school.
(EC § 49423 and § 49423.1)
3) Authorizes, in the absence of a credentialed school nurse
or other licensed nurse onsite at the school, non-medical
school personnel to administer medication to a pupil in an
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emergency, after receiving specified training:
a) Glucagon may be administered to students with
diabetes suffering
from severe hypoglycemia. (EC § 49414.5)
b) Emergency anti-seizure medication may be
administered to students with epilepsy suffering from
seizures. (EC § 49414.7)
ANALYSIS
This bill requires each school district, county office of
education, and charter school to develop a comprehensive policy
to protect students with food allergies. Specifically, this
bill:
1) Requires each school district, county office of education,
and charter school to develop a comprehensive policy to
protect students with food allergies.
2) Requires the policy to include, at a minimum, protocols for
students with food allergies that pertain to all of the
following:
a) School stocking of medication,
including storage of medication in classrooms.
b) School parties.
c) Lunch time, including seating
arrangements.
d) Food served by the local educational
agency.
e) After school events.
f) Field trips.
g) Bullying.
h) Recess.
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i) Teacher and employee training.
3) Requires a local educational agency (LEA) to create the
policy in coordination with, at a minimum, all of the
following individuals:
a) A LEA or schoolsite nurse, or if there
is no LEA or schoolsite nurse, the LEA or schoolsite's
designated health personnel.
b) A parent of a student with a food
allergy.
c) An ad hoc parent.
d) A director of food services.
STAFF COMMENTS
1) Need for the bill. According to the author, "The
prevalence of life threatening allergies today is growing
and at an alarming rate. The Centers for Disease Control
reports an increase of 50 percent from 1997-2011. In 2014,
recognizing the importance of this new and emerging life
threatening health issue, the Legislature acted in a
bi-partisan manner passing SB 1266 requiring extra
epinephrine injectors be on hand in public schools in case
of emergencies. After my work on SB 1266, it became
apparent that schools are lacking in policies and direction
on how to accommodate children with this condition.
Whether it be lunch hour seating, field trips, school
parties, storage of medication, or bullying, there seems to
be no comprehensive approach. Many schools have no
policies at all leaving parents and teachers in a
predicament on how to ensure children are safe during
school hours. The lack of consistency on this issue also
leaves schools open for liability concerns."
2) Existing policies. According to the California School
Boards Association (CSBA), approximately 1/3 of school
districts currently have a food allergy policy in place.
It is unclear how many county offices of education and
charter schools have adopted a food allergy policy. The
CSBA provides a sample policy related to food allergies; it
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does not appear that the sample policy includes every
component that is required by this bill, such the stocking
or storage of medication, or information specifically
addressing recess, field trips or after school events.
3) Are schools required to accommodate students with food
allergies? Federal law requires schools to provide
substitutions or modifications in the National School Lunch
Program and School Breakfast Program for students whose
disabilities restrict their diets (e.g. the food allergy or
food intolerance substantially limits one or more major
life activities). Schools are authorized to provide
special meals and/or accommodations for students who do not
have a disability that requires a restricted diet but who
do have a food intolerance or other medication condition.
The CDE has issued guidelines for accommodating students, with
and without disabilities, with special dietary needs:
http://www.cde.ca.gov/ls/nu/sn/mbcnp102015.asp
4) Technical amendments. This bill applies to each school
district, county office of education, and charter school.
Staff recommends an amendment to define "local educational
agency" as a school district, county office of education,
and charter school, and consistently use the term "local
educational agency" throughout the bill.
This bill requires each school district, county office of
education, and charter school to develop a policy but does
not specify a date by which the policies are to be in
place. Staff recommends an amendment to specify that local
educational agencies are to have a food allergy policy
developed and in place beginning with the 2017-18 school
year.
5) Heard in the Senate Health Committee. This bill was heard
in the Senate Health Committee on April 6, where it was
passed on consent, with a vote of 9-0.
6) Prior legislation. AB 2287 (Pan, 2014) authorized, but did
not require, a school district or county superintendent of
schools to include information on the availability of
gluten-free meals in the free or reduced price meal
application packet or notification of eligibility for the
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free and reduced price meal program. AB 2287 was held in
the Senate Rules Committee because of its permissive
nature, and was eventually referred to this Committee, two
days before the last hearing of the 2013-14 Legislative
Session. Therefore, AB 2287 was never heard by this
Committee.
SUPPORT
California State PTA
Food Allergy Research & Education
Murrieta Valley Unified School District, Student Support
Services
OPPOSITION
None received.
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