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AN ACT
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relating to student information required to be provided at the time |
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of enrollment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 25, Education Code, is |
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amended by adding Section 25.0022 to read as follows: |
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Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON |
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ENROLLMENT. (a) In this section, "severe food allergy" means a |
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dangerous or life-threatening reaction of the human body to a |
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food-borne allergen introduced by inhalation, ingestion, or skin |
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contact that requires immediate medical attention. |
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(b) On enrollment of a child in a public school, a school |
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district shall request, by providing a form or otherwise, that a |
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parent or other person with legal control of the child under a court |
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order: |
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(1) disclose whether the child has a food allergy or a |
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severe food allergy that, in the judgment of the parent or other |
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person with legal control, should be disclosed to the district to |
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enable the district to take any necessary precautions regarding the |
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child's safety; and |
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(2) specify the food to which the child is allergic and |
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the nature of the allergic reaction. |
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(c) A school district shall maintain the confidentiality of |
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information provided under this section, and may disclose the |
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information to teachers, school counselors, school nurses, and |
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other appropriate school personnel only to the extent consistent |
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with district policy under Section 38.009 and permissible under the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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(d) Except as provided by Subsections (e) and (f), |
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information regarding a child's food allergy, regardless of how it |
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is received by the school or school district, shall be retained in |
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the child's student records but may not be placed in the health |
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record maintained for the child by the school district. |
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(e) If the school receives documentation of a food allergy |
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from a physician, that documentation shall be placed in the health |
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record maintained for the child by the school district. |
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(f) A registered nurse may enter appropriate notes about a |
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child's possible food allergy in the health record maintained for |
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the child by the school district, including a notation that the |
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child's student records indicate that a parent has notified the |
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school district of the child's possible food allergy. |
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SECTION 2. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 742 was passed by the House on May 4, |
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2011, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 742 on May 27, 2011, by the following vote: Yeas 140, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 742 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |