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 AND YOUNGBLOOD, MARCH 31, 2009

REFERRED TO COMMITTEE ON EDUCATION, MARCH 31, 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," providing for food allergy reaction

management in public schools.

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 2.  This act shall take effect in 60 days.