Background

In response to the increase in students with diagnosed food allergies at risk for anaphylaxis, laws were passed 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".  During the 85th Legislative Session, private schools were included in the law.  

Food Allergies

The Commissioner of the Texas Department of State Health Services (DSHS) in consultation with the legislated Ad-Hoc Committee developed the Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis for use by local boards of trustees of school districts and governing bodies of open-enrollment charter schools. These guidelines are meant to serve merely as a reference (and illustrative) guide and are intended to assist a district or charter school in developing and administering a policy for the care of students with diagnosed food allergies at risk for anaphylaxis.

To obtain a copy of the complete Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis, click the link:

Food Allergy & Anaphylaxis Emergency Care Plan Guidelines for Food Allergies/Anaphylaxis