September 6, 2017, Introduced by Rep. Hertel and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1180.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1180. (1) The board of a school district or intermediate
school district or the board of directors of a public school
academy shall not adopt or implement, and shall ensure that a
school official or employee under its control and direction does
not adopt or implement, a policy or practice that prohibits or
restricts a pupil's possession of sunscreen at school or
application of sunscreen on himself or herself at school.
(2) Except as is necessary to maintain order and control at
school for the purpose of providing an environment conducive to
safety and learning, a school official or employee of a public
school shall not prohibit or restrict a pupil's possession of
sunscreen at school or application of sunscreen on himself or
herself at school.
(3) A public school, member of a school board or intermediate
school board, member of a board of directors, or employee or
official of or volunteer for a public school is not liable for
damages in a civil action for injury, death, or loss to person or
property allegedly arising from a person acting under this section.
This subsection does not eliminate, limit, or reduce any other
immunity or defense that a person listed in this subsection may
have under other state law.
(4) As used in this section:
(a) "At school" means in a classroom, elsewhere on school
property, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school property.
(b) "Sunscreen" means a lotion, spray, gel, or other topical
product that is approved by the United States Food and Drug
Administration for the purpose of absorbing or reflecting some of
the sun's ultraviolet radiation on the skin exposed to sunlight and
so helps protect against sunburn. A lotion, spray, gel, or other
topical product used for a different purpose, including, but not
limited to, the medical treatment of an injury or illness, is not
considered sunscreen under this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.