Bill Text: TX SB869 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to guidelines for policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [SB869 Detail]
Download: Texas-2019-SB869-Introduced.html
Bill Title: Relating to guidelines for policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [SB869 Detail]
Download: Texas-2019-SB869-Introduced.html
86R6155 CAE-F | ||
By: Zaffirini | S.B. No. 869 |
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relating to guidelines for 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. Section 38.0151, Education Code, is amended by | ||
amending Subsections (a), (b), and (e) and adding Subsection (g) to | ||
read as follows: | ||
(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 for the Care of Students With Food Allergies | ||
At-Risk for Anaphylaxis" [ |
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commissioner of state health services under this section and | ||
updated by the commissioner of state health services in | ||
consultation with an ad hoc committee appointed by the commissioner | ||
of state health services as provided by Section 38.0152. | ||
(b) A school district or open-enrollment charter school | ||
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students with a diagnosed food allergy at risk for anaphylaxis [ |
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version of the guidelines described by Subsection (a). | ||
(e) The agency shall post the guidelines described by | ||
Subsection (a) [ |
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information relating to students with special health needs. The | ||
information posted by the agency must include a summary of the | ||
guidelines. The agency shall annually review and, as necessary, | ||
revise the summary and any other information to reflect the most | ||
current version of the guidelines. | ||
(g) Each school year, the board of trustees of each school | ||
district and the governing body of each open-enrollment charter | ||
school shall provide a copy of the guidelines summary posted on the | ||
agency's website to each student enrolled in the district or school | ||
and a parent or guardian of each student. | ||
SECTION 2. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.0152 to read as follows: | ||
Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES | ||
FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section: | ||
(1) "Commissioner" means the commissioner of state | ||
health services. | ||
(2) "Department" means the Department of State Health | ||
Services. | ||
(3) "Guidelines" means "Guidelines for the Care of | ||
Students With Food Allergies At-Risk for Anaphylaxis" on which | ||
school district and open-enrollment charter school policies for the | ||
care of students with a diagnosed food allergy at risk for | ||
anaphylaxis are based as provided by Section 38.0151. | ||
(b) The commissioner shall appoint members to an ad hoc | ||
committee to consult with the commissioner on updating the current | ||
guidelines to incorporate and specifically reference any new | ||
food-allergy management best practices and treatments, including | ||
new methods, treatments, and therapies to reduce the risk of | ||
allergic reactions. | ||
(c) The committee must include: | ||
(1) not more than: | ||
(A) one representative from: | ||
(i) the department; and | ||
(ii) the Texas Nurses Association; and | ||
(B) one physician who is a member of the American | ||
Academy of Allergy, Asthma & Immunology; | ||
(2) at least two individuals from one or more national | ||
patient advocacy organizations representing the interests of food | ||
allergies, anaphylaxis, and related medical issues, including | ||
asthma; | ||
(3) 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; | ||
(4) 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; | ||
(5) one superintendent of a school district; | ||
(6) one member of a board of trustees of a school | ||
district; | ||
(7) one member of a governing body of an | ||
open-enrollment charter school; | ||
(8) at least two parents of public school students | ||
with a diagnosed food allergy at risk for anaphylaxis; and | ||
(9) at least one physician trained to diagnose, treat, | ||
and manage allergies with experience in new and emerging allergy | ||
management best practices and treatments, including new methods, | ||
treatments, and therapies to reduce the risk of allergic reactions, | ||
including anaphylaxis. | ||
(d) Ad hoc committee members shall serve for a period | ||
determined by the commissioner. On the resignation of a member of | ||
the committee or the removal of a member from the committee by the | ||
commissioner, the commissioner shall appoint a new member to the | ||
committee who qualifies for the committee in the same manner that | ||
the member who resigned or is removed qualified. | ||
(e) Section 2110.005, Government Code, does not apply to the | ||
ad hoc committee appointed under this section. | ||
(f) At least once every three years, the commissioner shall | ||
order a meeting of the committee to update the guidelines to | ||
incorporate any new food-allergy management best practices and | ||
treatments. | ||
(g) The commissioner may order a meeting of the committee at | ||
any time the commissioner determines necessary for the committee | ||
to: | ||
(1) discuss the protection of students with food | ||
allergies at risk for anaphylaxis; and | ||
(2) update the guidelines. | ||
SECTION 3. The commissioner of state health services shall: | ||
(1) not later than October 1, 2019, appoint the | ||
members of the ad hoc committee described by Section 38.0152, | ||
Education Code, as added by this Act, to consult with the | ||
commissioner on updating and maintaining the "Guidelines for the | ||
Care of Students With Food Allergies At-Risk for Anaphylaxis" as | ||
provided by that section; and | ||
(2) not later than March 1, 2020, in consultation with | ||
the ad hoc committee, update the guidelines as necessary. | ||
SECTION 4. 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, 2019. |