AN ACT

 

1Providing for notice of fragrance allergy and for a prohibition
2on the use of scented products in certain public schools.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Short title.

6This act shall be known and may be cited as the Fragrance
7Free Schools Act.

8Section 2.  Purpose of act.

9The purpose of this act is to ensure a safe and accommodating
10learning environment for all students by requiring schools in
11which a student has a fragrance allergy to prohibit the use of
12scented products.

13Section 3. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Public school." Any or all classes or schools within this
18Commonwealth conducted under the order and superintendence of

1the Department of Education.

2"Scented product." Perfume, cologne, body spray or other
3related product.

4Section 4. Prohibition on use of scented products.

5(a) Prohibition.--A school that enrolls a student who has 
6notified the school that the student has a fragrance allergy 
7shall prohibit students, faculty and staff in the student's 
8school building from using scented products in accordance with 
9the policy developed under subsection (b).

10(b)  Policy.--Upon being notified of a fragrance allergy, the
11school that enrolls the student under subsection (a) shall
12notify the school district or joint school board. The school
13district or joint school board shall develop a written policy
14for the school to prohibit the use of scented products. The
15school shall distribute the policy with the code of student
16conduct required under 22 Pa. Code § 12.3(c) (relating to school
17rules) and make available on the school entity's publicly
18accessible Internet website, if any.

19(c) Notification.--A school that enrolls a student under 
20subsection (a) shall post a notice in the student's school 
21building in accordance with the following:

22(1) The notice shall state that a student within the 
23school building has a fragrance allergy and that the use of 
24scented products within the school building is prohibited.

25(2) The notice may not identify the student with the 
26allergy.

27(3) The notice shall be placed in plain view within the 
28school building at every point of entry.

29Section 5. Failure to notify.

30If a school fails to notify students, faculty and staff of

1the prohibition on the use of scented products and a student has
2an allergic reaction to a fragrance, the school shall reimburse
3the student with the fragrance allergy for any medical expenses
4incurred.

5Section 6.  Effective date.

6This act shall take effect in 60 days.