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H.611

Introduced by   Representatives Errecart of Shelburne, Zuckerman of Burlington, Barnard of Richmond, Edwards of Brattleboro, Endres of Milton, Head of S. Burlington, Jerman of Essex, Kilmartin of Newport City, Klein of East Montpelier, Livingston of Manchester, Marron of Stowe, McAllister of Highgate, Mook of Bennington, Niquette of Colchester, Pellett of Chester and Potter of Clarendon

Referred to Committee on

Date:

Subject:  Education; students with food allergies; responsibility of principal; carrying of medication

Statement of purpose:  This bill proposes to clarify the principal’s responsibilities when a student with a severe food allergy enrolls in the school and that a school policy may not prohibit a child with a food allergy from carrying medication.

AN ACT RELATING TO RESPONSIBILITIES OF A PRINCIPAL AND SCHOOL POLICIES WHEN A STUDENT WITH A FOOD ALLERGY ENROLLS IN A SCHOOL

It is hereby enacted by the General Assembly of the State of Vermont:


Sec. 1.  16 V.S.A. § 245 is added to read:

§ 245.  STUDENT WITH FOOD ALLERGIES; DUTY OF THE

             PRINCIPAL; SCHOOL POLICY

(a)  When a child with a food allergy that may result in a life-threatening reaction as documented by a licensed physician enrolls in a school, the principal shall:

(1)  Fully inform the student’s parents or guardians of their rights under:

(A)  Section 504 of the Federal Rehabilitation Act of 1973;

(B)  The Individuals with Disabilities Act;

(C)  The U.S.D.A. guidelines for accommodating children with special dietary needs in the school nutrition program; and

(D)  State law.

(2)  Unless the student is capable of self-administering medication in a life-threatening emergency, ensure that adults trained to administer appropriate medication are available in a timely manner whenever the child is participating in a school activity, including when the student is on a school bus or participating in a school field trip.  This subdivision shall not apply to attendance at a nonrequired or cocurricular school-sponsored activity such as attending a school dance or watching a sporting event in which the student is not participating.

(3)  Ensure that the student’s medicine is readily available whenever the child is participating in a school activity, including when the student is on a school bus or participating in a school field trip.  This subdivision shall not apply to attendance at a nonrequired or cocurricular school-sponsored activity such as attending a school dance or watching a sporting event in which the student is not participating.

(4)  Inform food service staff of the allergy, educate food service staff about techniques to minimize risk of cross-contamination of food, and ensure that an allergy-free meal is available in accordance with the U.S.D.A. guidelines for accommodating children with special dietary needs in the school nutrition program.

(5)  Educate school personnel about anaphylactic shock prevention and prohibitions on student trading of food.

(6)  If the student is an elementary student, inform parents of students who might come in contact with the student of the potential for a severe reaction and request that they refrain from sending food to school that may cause a reaction.  The principal shall not identify the student and shall make every attempt to respect the privacy of the student and the student’s parents.

(7)  Educate school personnel about symptoms of and treatment for anaphylactic shock, and inform them about those adults in the school who are trained to administer medication and the process for contacting these adults immediately.

(b)  School policies shall not prohibit a child with a food allergy that may result in a life-threatening reaction, as documented by a licensed physician, from carrying anaphylactic shock medication on his or her person, provided the parent or guardian has given written consent.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us