Background and Statutes
In response to the increasing rate of students with diagnosed food
allergies at risk for anaphylaxis, laws were passed. This occurred during the
2011, 82nd Legislative Session, and the 2015,
84th Legislative Session. The bills were codified in the Texas Education Code, Chapters 25 and 38.
Texas Education Code, Chapter 25, Section 25.0022, requires a parent or legal guardian disclose, at
the request of the school district, whether the child has a food allergy.
Texas Education Code, Chapter
38, Section 38.0151, requires the board of trustees of each school
district and the governing body or appropriate officer of each open-enrollment
charter school adopt and administer a policy for the care of students with
diagnosed food allergies at risk for anaphylaxis based on the guidelines
developed by the legislated Ad-Hoc committee.
Texas Education Code, Subchapter
E, states:
- "each school district, open-enrollment charter
school, and private school may adopt and implement a policy regarding the
maintenance, administration, and disposal of epinephrine auto-injectors at each
campus in the district or school."
- “each school district, open-enrollment charter school, and private school may adopt and implement a policy authorizing a school nurse to maintain and administer asthma medicine at each campus in the district or school.”
During the 85th Legislative
Session, private schools were included in the law.
Guidelines for the Care of Students with Food Allergies
The Commissioner of the Texas Department of
State Health Services (DSHS) in consultation with the legislated SB-52 Ad-Hoc Committee developed the Guidelines for the Care of Students with Food Allergies. It is for local boards of trustees of school districts and
governing bodies of open-enrollment charter schools to use.
Read the Guidelines for the Care of Students with Food Allergies. [pdf]
School Reports: Epinephrine Auto-Injectors and Asthma Medication
Texas schools must report to DSHS the administration of unassigned epinephrine auto-injectors and unassigned asthma medication. School staff use the web-based Epinephrine Auto-Injectors Reporting Form and Asthma Medication Reporting Form to meet this requirement.
The School Health Program and the DSHS Chronic Disease Epidemiology Branch developed reports that include data submitted via the reporting forms.
Unassigned Youth facilities and certain entities also must report administration of unassigned administered epinephrine auto-injectors. Youth facilities use the Youth Facilities Reporting Form. Entities or venues use the Certain Entities Reporting Form.
Emergency Care Plan for Students with Food Allergies
Stock Epinephrine Advisory Committee
The Stock Epinephrine Advisory Committee (SEAC) examines and reviews the administration of epinephrine auto-injectors to a person experiencing an anaphylactic reaction on a school campus.
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