PRIOR PRINTER'S NO. 1363

PRINTER'S NO.  2376

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1148

Session of

2009

  

  

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

  

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

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," further providing for food allergy

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reaction management in public schools local wellness policy

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and for duties of the Department of Education.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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

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section to read:

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

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Department of Education shall research and publish food allergy

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management guidelines to be used by each school district when

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developing its own food allergy reaction management practices

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and shall use National Medical Organizations like the American

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

 


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Allergy Network in the development of these guidelines.

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(b)  The Department of Education shall assist each school

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district in applying for any available Federal grants relating

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to food allergy reaction management at public schools.

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(c)  The food allergy management guidelines must address the

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following:

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(1)  Requiring schools to direct parents to inform school

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administrators regarding medical information and physician

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directions for students who experience food allergies.

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(2)  Educating teachers of students with food allergies about

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the nature of the food allergies.

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

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allergies in children.

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(4)  Training teachers in cardiovascular pulmonary

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

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immediately available, in the administration of medication for

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emergencies involving students with food allergies.

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(5)  Allowing capable students with food allergies to carry

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and self-administer their own medication during emergencies

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involving food allergies under certain circumstances.

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(6)  Updating medical information annually for students with

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food allergies.

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

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allergies to allow them to empathize with students who have food

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allergies.

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

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a school district who has received training from the school

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district relating to its food allergy reaction guidelines and

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who complies in good faith with the guidelines shall be immune

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

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administration of medication to a student with food allergies.

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

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

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

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

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

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each local education agency shall, pursuant to section 204 of

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the Child Nutrition and WIC Reauthorization Act of 2004 (Public

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

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for schools within the local education agency.

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

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(relating to strategic plans) applies shall include the local

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wellness policy as part of the strategic plan required under 22

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Pa. Code § 4.13.

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

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policy or information on other initiatives regarding child

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health, nutrition, food allergy management and physical

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education to the Department of Education for inclusion in the

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

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the policy information may be done in concert with the scheduled

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submission of the school district's strategic plan as required

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under 22 Pa.Code § 4.13.

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

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

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

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Department of Education shall, in order to promote initiatives

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regarding child health, nutrition, food allergy management and

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physical education:

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

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child health, nutrition, food allergy management and physical

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education as part of the continuing professional education

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courses, programs, activities or learning experiences required

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under section 1205.2(f).

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

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Federal funds related to coordinated school health funding to

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enhance initiatives regarding child health, nutrition, food

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allergy management, physical education, local wellness policies

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and advisory health councils.

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

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for Federal and State funds related to child health, nutrition

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and food allergy reaction management. The information can be

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provided through the department's e-grant system.

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(3)  Establish a clearinghouse of wellness policies and

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information regarding child health, nutrition and physical

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education submitted to the department by local education

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

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be made available on the department's Internet website.

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(4)  To every extent possible, maintain information related

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to teaching about nutrition, food allergy management and

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obesity, which information shall include concepts of healthy

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eating, including nutrient density and portion control, and the

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physical, psychological and nutritional causes of obesity. Such

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information shall be made available on the department's Internet

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website.

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(5)  Publish recommended nutritional guidelines for food and

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beverages sold in schools on the department's Internet website

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on or after the effective date of this clause.

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(6)  In collaboration with the advisory health councils

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created in section 1422, the department shall develop guidelines

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for managing life-threatening food allergies in schools which

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

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

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

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districts in addressing the following:

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

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impact on school student health.

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(ii)  Types of detailed policies and protocols to help

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prevent allergic reaction emergencies and deaths from

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anaphylaxis in schools.

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(iii)  The systematic planning and multi-disciplinary team

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

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threatening food allergies.

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

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in preventing exposure to specific allergens.

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

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

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documentation of administration of medication to a school

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student with a food allergy.

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(vi)  Emergency response protocols should a life-threatening

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allergic event occur.

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

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student with a life-threatening allergic condition.

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

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