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A BILL TO BE ENTITLED
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AN ACT
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relating to policies of school districts and open-enrollment |
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charter schools for the care of certain students at risk for |
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anaphylaxis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0151 to read as follows: |
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Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT |
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RISK FOR ANAPHYLAXIS. (a) The board of trustees of each school |
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district and the governing body or an appropriate officer of each |
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open-enrollment charter school shall adopt and administer a policy |
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for the care of students with a diagnosed food allergy at risk for |
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anaphylaxis based on guidelines developed by the commissioner of |
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state health services in consultation with an ad hoc committee |
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appointed by the commissioner of state health services. |
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(b) A school district or open-enrollment charter school |
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that implemented a policy for the care of students with a diagnosed |
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food allergy at risk for anaphylaxis before the development of the |
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guidelines described by Subsection (a) shall review the policy and |
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revise the policy as necessary to ensure the policy is consistent |
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with the guidelines. |
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(b-1) Not later than December 1, 2011, the commissioner of |
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state health services shall appoint members to an ad hoc committee |
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to consult with the commissioner of state health services on |
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developing guidelines for the care of students with a diagnosed |
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food allergy at risk for anaphylaxis. The committee shall be |
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composed as follows: |
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(1) not more than one representative from each of the |
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following entities: |
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(A) the Department of State Health Services; |
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(B) the Food Allergy Initiative; |
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(C) the Food Allergy & Anaphylaxis Network; and |
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(D) the Texas School Nurses Organization; |
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(2) one principal of a public elementary school campus |
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at which one or more students with a diagnosed food allergy at risk |
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for anaphylaxis are enrolled; |
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(3) one classroom teacher employed at a public |
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elementary school campus at which one or more students with a |
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diagnosed food allergy at risk for anaphylaxis are enrolled; |
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(4) one member each of the governing body of a school |
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district and open-enrollment charter school; |
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(5) one superintendent of an independent school |
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district; |
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(6) not more than one physician member of the Texas |
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chapter of the American Academy of Allergy, Asthma & Immunology; |
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and |
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(7) at least two parents of public school students |
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with a diagnosed food allergy at risk for anaphylaxis. |
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(b-2) Not later than May 1, 2012, the commissioner of state |
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health services shall, in consultation with the ad hoc committee |
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established under this section, develop guidelines for the care of |
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students with a diagnosed food allergy at risk for anaphylaxis. |
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(b-3) Section 2110.005, Government Code, does not apply to |
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the ad hoc committee appointed under Subsection (b-1). |
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(b-4) Subsections (b-1), (b-2), and (b-3) and this |
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subsection expire June 1, 2012. |
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(c) The guidelines described by Subsection (a) may not: |
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(1) require a school district or open-enrollment |
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charter school to purchase prescription anaphylaxis medication, |
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such as epinephrine, or require any other expenditure that would |
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result in a negative fiscal impact on the district or charter |
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school; or |
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(2) require the personnel of a district or charter |
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school to administer anaphylaxis medication, such as epinephrine, |
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to a student unless the anaphylaxis medication is prescribed for |
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that student. |
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(d) This section does not: |
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(1) waive any liability or immunity of a governmental |
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entity or its officers or employees; or |
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(2) create any liability for or a cause of action |
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against a governmental entity or its officers or employees. |
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(e) The agency shall post the guidelines developed by the |
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commissioner of state health services under this section on the |
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agency's website with any other information relating to students |
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with special health needs. |
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SECTION 2. Not later than August 1, 2012, the board of |
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trustees of each school district and the governing body or an |
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appropriate officer of each open-enrollment charter school shall |
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implement the policy for the care of students with a diagnosed food |
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allergy at risk for anaphylaxis as required by Section 38.0151, |
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Education Code, as added by this Act. |
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SECTION 3. 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, 2011. |
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