Texas Education Code

§ 38.0151 — POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS

ED § 38.0151Title 2. PUBLIC EDUCATION · Part G. SAFE SCHOOLS · Ch. 38. HEALTH AND SAFETY · Art. A. GENERAL PROVISIONS

Statute text

(a)The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on "Guidelines for the Care of Students With Food Allergies At-Risk for Anaphylaxis" developed by the commissioner of state health services under this section and updated by the commissioner of state health services in consultation with an ad hoc committee appointed by the commissioner of state health services as provided by Section 38.0152. The guidelines and any recommendation to update the guidelines regarding medical treatment or therapy must be scientifically valid.

(b)A school district or open-enrollment charter school shall annually review and, as necessary, revise its policy for the care of students with a diagnosed food allergy at risk for anaphylaxis to ensure the policy is consistent with the most current version of the guidelines described by Subsection (a).

(c)The guidelines described by Subsection (a) may not:

(1)require a school district or open-enrollment charter school to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district or charter school; or

(2)require the personnel of a district or charter school to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.

(d)This section does not:

…

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 3, eff. May 28, 2015. Acts 2019, 86th Leg., R.S., Ch. 975 (S.B. 869), Sec. 1, eff. June 14, 2019. Acts 2025, 89th Leg., R.S., Ch. 67 (S.B. 1619), Sec. 1, eff. May 19, 2025.