Chapter 086

2008 -- H 7463 SUBSTITUTE A

Enacted 06/26/08





     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. Ė (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 bodyís policy, that provides the student with protections while he or she is

attending school or participating in school-sponsored activities. The governing bodyís 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 studentís IHCP and EHCP shall

be developed collaboratively and be signed by the school nurse, the studentís health care

provider, the parents/guardians of the student, and the student (if appropriate). Depending upon

the nature and extent of the studentís 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


     (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