Bill Text: TX SB27 | 2011-2012 | 82nd Legislature | Enrolled

Texas Senate Bill 27 (Prior Session Legislation)

Bill Title: Relating to policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2011-06-17 - Effective immediately [SB27 Detail]

Download: Texas-2011-SB27-Enrolled.html



	S.B. No. 27




	AN ACT
	relating to policies of school districts and open-enrollment
	charter schools for the care of certain students at risk for
	anaphylaxis.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.0151 to read as follows:
	Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT
	RISK FOR ANAPHYLAXIS. (a) The board of trustees of each school
	district and the governing body or an appropriate officer of each
	open-enrollment charter school shall adopt and administer a policy
	for the care of students with a diagnosed food allergy at risk for
	anaphylaxis based on guidelines developed by the commissioner of
	state health services in consultation with an ad hoc committee
	appointed by the commissioner of state health services.
	(b) A school district or open-enrollment charter school
	that implemented a policy for the care of students with a diagnosed
	food allergy at risk for anaphylaxis before the development of the
	guidelines described by Subsection (a) shall review the policy and
	revise the policy as necessary to ensure the policy is consistent
	with the guidelines.
	(b-1) Not later than December 1, 2011, the commissioner of
	state health services shall appoint members to an ad hoc committee
	to consult with the commissioner of state health services on
	developing guidelines for the care of students with a diagnosed
	food allergy at risk for anaphylaxis. The committee shall be
	composed as follows:
	(1) not more than one representative from each of the
	following entities:
	(A) the Department of State Health Services;
	(B) the Food Allergy Initiative;
	(C) the Food Allergy & Anaphylaxis Network; and
	(D) the Texas School Nurses Organization;
	(2) one principal of a public elementary school campus
	at which one or more students with a diagnosed food allergy at risk
	for anaphylaxis are enrolled;
	(3) one classroom teacher employed at a public
	elementary school campus at which one or more students with a
	diagnosed food allergy at risk for anaphylaxis are enrolled;
	(4) one member each of the governing body of a school
	district and open-enrollment charter school;
	(5) one superintendent of an independent school
	district;
	(6) not more than one physician member of the Texas
	chapter of the American Academy of Allergy, Asthma & Immunology;
	and
	(7) at least two parents of public school students
	with a diagnosed food allergy at risk for anaphylaxis.
	(b-2) Not later than May 1, 2012, the commissioner of state
	health services shall, in consultation with the ad hoc committee
	established under this section, develop guidelines for the care of
	students with a diagnosed food allergy at risk for anaphylaxis.
	(b-3) Section 2110.005, Government Code, does not apply to
	the ad hoc committee appointed under Subsection (b-1).
	(b-4) Subsections (b-1), (b-2), and (b-3) and this
	subsection expire June 1, 2012.
	(c) The guidelines described by Subsection (a) may not:
	(1) require a school district or open-enrollment
	charter school to purchase prescription anaphylaxis medication,
	such as epinephrine, or require any other expenditure that would
	result in a negative fiscal impact on the district or charter
	school; or
	(2) require the personnel of a district or charter
	school to administer anaphylaxis medication, such as epinephrine,
	to a student unless the anaphylaxis medication is prescribed for
	that student.
	(d) This section does not:
	(1) waive any liability or immunity of a governmental
	entity or its officers or employees; or
	(2) create any liability for or a cause of action
	against a governmental entity or its officers or employees.
	(e) The agency shall post the guidelines developed by the
	commissioner of state health services under this section on the
	agency's website with any other information relating to students
	with special health needs.
	SECTION 2. Not later than August 1, 2012, the board of
	trustees of each school district and the governing body or an
	appropriate officer of each open-enrollment charter school shall
	implement the policy for the care of students with a diagnosed food
	allergy at risk for anaphylaxis as required by Section 38.0151,
	Education Code, as added by this Act.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 27 passed the Senate on
	April 5, 2011, by the following vote: Yeas 30, Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 27 passed the House on
	May 19, 2011, by the following vote: Yeas 146, Nays 2, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor