THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, BRENNAN, BRIGGS, COHEN, D. COSTA, CREIGHTON, GIBBONS, GOODMAN, KORTZ, MELIO, D. O'BRIEN, PARKER, READSHAW, SIPTROTH, K. SMITH, STEVENSON, J. TAYLOR, VULAKOVICH, YOUNGBLOOD, MENSCH, CURRY, FARRY, VEREB, ADOLPH AND SWANGER, MARCH 31, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 2, 2009   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for food allergy

<--

reaction management in public schools local wellness policy

<--

and for duties of the Department of Education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

<--

as the Public School Code of 1949, is amended by adding a

section to read:

Section 528.  Food Allergy Reaction Management.--(a)  The

Department of Education shall research and publish food allergy

management guidelines to be used by each school district when

developing its own food allergy reaction management practices

and shall use National Medical Organizations like the American

Academy of Allergy, Asthma & Immunology (AAAAI) and the Food

Allergy Network in the development of these guidelines.

(b)  The Department of Education shall assist each school

district in applying for any available Federal grants relating

to food allergy reaction management at public schools.

(c)  The food allergy management guidelines must address the

following:

(1)  Requiring schools to direct parents to inform school

administrators regarding medical information and physician

directions for students who experience food allergies.

(2)  Educating teachers of students with food allergies about

the nature of the food allergies.

(3)  Educating teachers and principals on the issue of food

allergies in children.

(4)  Training teachers in cardiovascular pulmonary

resuscitation and, in the case where a school nurse is not

immediately available, in the administration of medication for

emergencies involving students with food allergies.

(5)  Allowing capable students with food allergies to carry

and self-administer their own medication during emergencies

involving food allergies under certain circumstances.

(6)  Updating medical information annually for students with

food allergies.

(7)  Teaching all students to understand the impact of food

allergies to allow them to empathize with students who have food

allergies.

(d)  Any teacher, principal, school nurse or other employe of

a school district who has received training from the school

district relating to its food allergy reaction guidelines and

who complies in good faith with the guidelines shall be immune

from liability as a result of an injury arising out of the

administration of medication to a student with food allergies.

Section 1.  Section 1422.1 of the act of March 10, 1949

<--

(P.L.30, No.14), known as the Public School Code of 1949, added

July 11, 2006 (P.L.1092, No.114), is amended to read:

Section 1422.1.  Local Wellness Policy.--(a)  Not later than

the first day of the school year beginning after June 30, 2006,

each local education agency shall, pursuant to section 204 of

the Child Nutrition and WIC Reauthorization Act of 2004 (Public

Law 108-265, 118 Stat. 729), establish a local wellness policy

for schools within the local education agency.

(b)  A local education agency to which 22 Pa. Code § 4.13

(relating to strategic plans) applies shall include the local

wellness policy as part of the strategic plan required under 22

Pa. Code § 4.13.

(c)  A local education agency may submit its local wellness

policy or information on other initiatives regarding child

health, nutrition, food allergy management and physical

education to the Department of Education for inclusion in the

clearinghouse established under section 1422.3(3). an update to

the policy information may be done in concert with the scheduled

submission of the school district's strategic plan as required

under 22 Pa.Code § 4.13.

Section 2.  Section 1422.3 of the act, amended July 20, 2007

(P.L.278, No.45), is amended to read:

Section 1422.3.  Duties of Department of Education.--The

Department of Education shall, in order to promote initiatives

regarding child health, nutrition, food allergy management and

physical education:

(1)  To every extent possible, include programs related to

child health, nutrition, food allergy management and physical

education as part of the continuing professional education

courses, programs, activities or learning experiences required

under section 1205.2(f).

(2)  Collaborate with the Department of Health to apply for

Federal funds related to coordinated school health funding to

enhance initiatives regarding child health, nutrition, food

allergy management, physical education, local wellness policies

and advisory health councils.

(2.1)  Identify, notify and assist school districts to apply

for Federal and State funds related to child health, nutrition

and food allergy reaction management. The information can be

provided through the department's e-grant system.

(3)  Establish a clearinghouse of wellness policies and

information regarding child health, nutrition and physical

education submitted to the department by local education

agencies pursuant to section 1422.1(c). Such information shall

be made available on the department's Internet website.

(4)  To every extent possible, maintain information related

to teaching about nutrition, food allergy management and

obesity, which information shall include concepts of healthy

eating, including nutrient density and portion control, and the

physical, psychological and nutritional causes of obesity. Such

information shall be made available on the department's Internet

website.

(5)  Publish recommended nutritional guidelines for food and

beverages sold in schools on the department's Internet website

on or after the effective date of this clause.

(6)  In collaboration with the advisory health councils

created in section 1422, the department shall develop guidelines

for managing life-threatening food allergies in schools which

shall be published on the department's website. The guidelines

shall be published on the department's Internet website no later

than January 31, 2011. The guidelines shall assist the school

districts in addressing the following:

(i)  The scope of the problem of childhood allergies and its

impact on school student health.

(ii)  Types of detailed policies and protocols to help

prevent allergic reaction emergencies and deaths from

anaphylaxis in schools.

(iii)  The systematic planning and multi-disciplinary team

approach needed prior to school entry by the student with life-

threatening food allergies.

(iv)  The school district staff's role and necessary training

in preventing exposure to specific allergens.

(v)  Responsibilities of the parent or guardian, school staff

and the student's primary care provider for notice, consent and

documentation of administration of medication to a school

student with a food allergy.

(vi)  Emergency response protocols should a life-threatening

allergic event occur.

(vii)  The roles of specific staff members in the care of the

student with a life-threatening allergic condition.

Section 2 3.  This act shall take effect in 60 days.

<--