Florida Senate - 2024                                      SB 52
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00246A-24                                            202452__
    1                        A bill to be entitled                      
    2         An act relating to anaphylaxis in public schools;
    3         amending s. 1001.23, F.S.; requiring the Department of
    4         Education to publish on its website each district
    5         school board’s anaphylaxis policy; amending s.
    6         1006.07, F.S.; requiring each district school board to
    7         adopt an anaphylaxis policy; providing requirements
    8         for such policy; defining the term “school personnel”;
    9         requiring a certain percentage of specified school
   10         personnel to receive certain training within a
   11         specified timeframe; authorizing the State Board of
   12         Education to adopt rules; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (5) is added to section 1001.23,
   17  Florida Statutes, to read:
   18         1001.23 Specific powers and duties of the Department of
   19  Education.—In addition to all other duties assigned to it by law
   20  or by rule of the State Board of Education, the department
   21  shall:
   22         (5) Publish on its website each district school board’s
   23  anaphylaxis policy in accordance with s. 1006.07(12).
   24         Section 2. Subsection (12) is added to section 1006.07,
   25  Florida Statutes, to read:
   26         1006.07 District school board duties relating to student
   27  discipline and school safety.—The district school board shall
   28  provide for the proper accounting for all students, for the
   29  attendance and control of students at school, and for proper
   30  attention to health, safety, and other matters relating to the
   31  welfare of students, including:
   32         (12) ANAPHYLAXIS POLICY.—
   33         (a) Each district school board shall adopt an anaphylaxis
   34  policy for implementation at each school within the district.
   35         (b) The policy must:
   36         1. Meet the requirements established by State Board of
   37  Education rule.
   38         2. Be reviewed and, if necessary, updated at least every 3
   39  years.
   40         3. Be published on the school district’s website.
   41         4. Include a procedure and treatment plan, including
   42  emergency protocols and responsibilities for school nurses and
   43  other appropriate school personnel, for responding to an
   44  allergic reaction, including anaphylaxis.
   45         5. Include training requirements for school personnel on
   46  preventing and responding to an allergic reaction, including
   47  anaphylaxis. The requirements for such training must include
   48  training in the use of an epinephrine autoinjector. For purposes
   49  of this paragraph, the term “school personnel” includes
   50  employees and contracted personnel providing care in before
   51  school and after-school programs at schools within the district.
   52  At least 50 percent of school personnel providing care in
   53  before-school and after-school programs must complete the
   54  training required by this subparagraph within 3 months after the
   55  date of employment. Completion of such training must be
   56  documented in the school employee’s employment file.
   57         6. Include a procedure and guidelines for the development
   58  of individualized emergency health care plans for students with
   59  a food allergy or other allergy that could result in an allergic
   60  reaction, including anaphylaxis.
   61         7. Include a communication plan for:
   62         a. The intake and dissemination of information regarding
   63  students with a food allergy or other allergy, including a
   64  discussion of methods, treatments, and therapies to reduce the
   65  risk of an allergic reaction, including anaphylaxis.
   66         b. Discussing with students, in a developmentally
   67  appropriate manner, and parents information relating to safe and
   68  unsafe foods for students with a food allergy and strategies to
   69  avoid exposure to unsafe foods.
   70         8. Include strategies for reducing the risk of exposure to
   71  food allergens or other allergens that may cause an allergic
   72  reaction, including anaphylaxis.
   73         9. Include an annual notification to parents of enrolled
   74  students which includes the anaphylaxis policy and contact
   75  information for school district employees who can provide
   76  parents and students with further information.
   77         (c) The State Board of Education may adopt rules to
   78  administer this subsection.
   79         Section 3. This act shall take effect July 1, 2024.