Bill Text: CA SB1258 | 2015-2016 | Regular Session | Amended

California Senate Bill 1258 (Prior Session Legislation)

Bill Title: Pupil health: food allergies: local educational agency policy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1258 Detail]

Download: California-2015-SB1258-Amended.html

BILL NUMBER: SB 1258	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2016
	AMENDED IN SENATE  MARCH 29, 2016

INTRODUCED BY   Senator Huff

                        FEBRUARY 18, 2016

   An act to add Section  49414.3   49414.2
 to the Education Code, relating to pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1258, as amended, Huff. Pupil health: food allergies: local
educational agency policy.
   Existing law requires school districts, county offices of
education, and charter schools to provide emergency epinephrine
auto-injectors to school nurses and trained personnel who have
volunteered, as specified, and authorizes school nurses and trained
personnel to use epinephrine auto-injectors to provide emergency
medical aid to persons suffering, or reasonably believed to be
suffering, from an anaphylactic reaction.
   This bill would require each  school district, county
office of education, and charter school   local
educational agency, as defined,  to develop, in coordination
with specified individuals,  and have in place, beginning with
the 2017-18 school year, a comprehensive policy with specified
protocols to protect pupils with food allergies. By imposing
additional duties on local educational agencies, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section  49414.3   49414.2 
is added to the Education Code, to read:
    49414.3.   49414.2.   (a) Each 
school district, county office of education, and charter school
  local educational agency  shall develop  and
have in place, beginning with the 2017-18 school year,  a
comprehensive policy to protect pupils with food allergies.
   (b) The policy shall include, at a minimum, protocols for pupils
with food allergies that pertain to all of the following:
   (1) School stocking of medication, including storage of medication
in classrooms.
   (2) School parties.
   (3) Lunch time, including seating arrangements.
   (4) Food served by the local educational agency.
   (5) After school events.
   (6) Field trips.
   (7) Bullying.
   (8) Recess.
   (9) Teacher and employee training.
   (c) A local educational agency shall create the policy in
coordination with, at a minimum, all of the following individuals:
   (1) A local educational agency or schoolsite nurse, or, if there
is no local educational agency or schoolsite nurse, the local
educational agency or schoolsite's designated health personnel.
   (2) A parent of a pupil with a food allergy.
   (3) An ad hoc parent.
   (4) A director of food services. 
   (d) For purposes of this section, a "local educational agency"
means a school district, county office of education, or charter
school. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.