Bill Text: PA HB1148 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for local wellness policy and for duties of the Department of Education.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-03-24 - Referred to EDUCATION [HB1148 Detail]

Download: Pennsylvania-2009-HB1148-Amended.html

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PRIOR PRINTER'S NO. 1363 PRINTER'S NO. 2376
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1148 Session of2009
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
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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
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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
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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. <--
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