Chapter
086
2008 -- H 7463 SUBSTITUTE A
Enacted 06/26/08
A N A C T
RELATING TO EDUCATION
-- HEALTH AND SAFETY OF PUPILS
Introduced By:
Representative Lisa Baldelli-Hunt
Date Introduced: February 13, 2008
It is enacted
by the General Assembly as follows:
SECTION
1. Section 16-21-31 of the General Laws in Chapter 16-21 entitled "Health
and
Safety of Pupils" is hereby amended to read as follows:
16-21-31.
Notice of peanut/tree nut allergies -- Posting. -- (a) In any school
subject to
the
provisions of this chapter wherein a student with an allergy to peanuts/tree
nuts and/or food
derived
from peanut/tree nuts products is in attendance, a notice shall be posted
within that school
building
in a conspicuous place at every point of entry and within the cafeteria
facility advising
that
there are students at said school with allergies to peanuts/tree nuts. The
notice shall not
identify
the individual(s) with such allergy.
(b) In the event a student who is enrolled in a school is known to have an
allergy to
peanuts/tree
nuts and/or food derived from peanut/tree nut products, the school
administration
shall
prohibit the sale of peanuts/tree nuts, peanut butter and other peanut based
products in the
school
cafeteria.
(c) This section shall apply to any building, modular classroom, or similar
structure used
by a
school district for instruction and education of elementary or middle school
students.
(d) In the event a school district knows that an elementary or middle school
student has a
peanut
or tree nut allergy, the district shall:
(1) Designate a peanut/tree nut free table and peanut/tree nut table in the
cafeteria; and
(2) Designate one classroom per grade to be peanut/tree nut free.
SECTION
2. Chapter 16-21 of the General Laws entitled "Health and Safety of
Pupils"
is
hereby amended by adding thereto the following section:
16-21-32.
Peanut/tree nut allergies. – (a) The governing body of each
elementary,
middle
or junior high school approved for the purpose of sections 16-19-1 and 16-19-2,
shall
develop
a policy designed to provide a safe environment for students with peanut/tree
nut
allergies.
When a school is aware that an enrolled student has a peanut/tree nut allergy
with
potentially
serious health consequences, the school shall implement a protocol, consistent
with
the
governing body’s policy, that provides the student with protections while he or
she is
attending
school or participating in school-sponsored activities. The governing body’s
policy
shall
include the development of an individual health care plan (IHCP) and an
emergency health
care
plan (EHCP) for each student with such food allergy. The student’s IHCP and
EHCP shall
be
developed collaboratively and be signed by the school nurse, the student’s
health care
provider,
the parents/guardians of the student, and the student (if appropriate).
Depending upon
the
nature and extent of the student’s peanut/tree nut allergy, the measures listed
in the IHCP may
include
the posting of signs at school, the prohibition of the sale of particular food
items in the
school,
the designation of special tables in the cafeteria, the prohibition of
particular food items in
certain
classrooms, and the complete prohibition of particular food items from a school
or school
grounds.
(b)
The department of elementary and secondary education and the department of
health
shall
amend their rules and regulations for school health programs to establish
standards for the
care
of students with peanut/tree nut allergies.
SECTION
3. This act shall take effect upon passage.
=======
LC01480/SUB A/2
=======