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A BILL TO BE ENTITLED
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AN ACT
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relating to student information required to be provided at the time |
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of enrollment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 25, Education Code, is |
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amended by adding Section 25.0022 to read as follows: |
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Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON |
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ENROLLMENT. (a) In this section, "severe food allergy" means a |
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dangerous or life-threatening reaction of the human body to a |
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food-borne allergen introduced by inhalation, ingestion, or skin |
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contact that requires immediate medical attention. |
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(b) Upon enrollment of a child in a public school, a school |
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district shall request, by providing a form or otherwise, that a |
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parent or other person with legal control of the child under a court |
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order: |
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(1) disclose whether the child has a food allergy or a |
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severe food allergy diagnosed by a physician; |
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(2) specify the food to which the child is allergic and |
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the nature of the allergic reaction; and |
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(3) provide documentation from a physician regarding |
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the allergy, including, if applicable, a physician's order to |
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administer medication related to the allergy. |
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(c) A school district shall maintain the confidentiality of |
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information provided under this section, and may disclose the |
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information to teachers, school counselors, school nurses, and |
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other appropriate school personnel only to the extent consistent |
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with district policy under Section 38.009 and permissible under the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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(d) Information regarding a child's food allergy shall be |
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placed in the child's medical records. |
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SECTION 2. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0092 to read as follows: |
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Sec. 38.0092. CLASSROOM SIGNS INDICATING SEVERE FOOD |
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ALLERGY. (a) In this section, "severe food allergy" has the |
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meaning assigned by Section 25.0022. |
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(b) The commissioner shall adopt a sign for use in |
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classrooms indicating that a child in the classroom has a severe |
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food allergy. The commissioner by rule shall specify the language |
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of the warning and the size and graphic design of the sign, |
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including font size and type. The sign must include the phrase |
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"Severe Food Allergy." |
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(c) The school shall post the sign adopted under Subsection |
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(b) in each elementary school classroom in which a child with a |
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severe food allergy is placed if a parent or a person with legal |
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control of a child under a court order indicates to the school |
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district under Section 25.0022 that the child has a severe food |
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allergy. |
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(d) The sign under Subsection (b) may not be modified to |
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identify a child in the classroom with a severe food allergy. |
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SECTION 3. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |