January 10, 2018, Introduced by Reps. Hertel, Sowerby, Chirkun, Dianda, Cochran, Yanez, Sabo, Zemke, Elder, Kelly, Lasinski, Wittenberg, Marino, Ellison, Gay-Dagnogo and Howrylak and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1179 (MCL 380.1179), as amended by 2013 PA 187.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1179. (1) If the conditions prescribed in subsection (2)
are met, notwithstanding any school or school district policy to
the contrary, a pupil of a public school or nonpublic school may
possess and use 1 or more of the following at school, on school-
sponsored transportation, or at any activity, event, or program
sponsored by or in which the pupil's school is participating:
(a) A metered dose inhaler or a dry powder inhaler to
alleviate asthmatic symptoms or for use before exercise to prevent
the onset of asthmatic symptoms.
(b) An epinephrine auto-injector or epinephrine inhaler to
treat anaphylaxis.
(2) Subsection (1) applies to a pupil if all of the following
conditions are met:
(a) The pupil has written approval to possess and use the
inhaler or epinephrine auto-injector as described in subsection (1)
from the pupil's physician or other health care provider authorized
by law to prescribe an inhaler or epinephrine auto-injector and, if
the pupil is a minor, from the pupil's parent or legal guardian.
(b) The principal or other chief administrator of the pupil's
school has received a copy of each written approval required under
subdivision (a) for the pupil.
(c) There is on file at the pupil's school a written emergency
care plan that contains specific instructions for the pupil's
needs, that is prepared by a physician licensed in this state in
collaboration with the pupil and the pupil's parent or legal
guardian, and that is updated as necessary for changing
circumstances.
(3) Notwithstanding any school or school district policy to
the contrary, a pupil of a public school or nonpublic school may
possess and use sunscreen at school, on school-sponsored
transportation, or at any activity, event, or program sponsored by
or in which the pupil's school is participating if all of the
following conditions are met:
(a) If the pupil is a minor, the pupil has written approval to
possess and use the sunscreen from the pupil's parent or legal
guardian.
(b) The principal or other chief administrator of the pupil's
school has received a copy of the written approval required under
subdivision (a), if any, for the pupil.
(4) (3)
A school district, nonpublic
school, member of a
school board, director or officer of a nonpublic school, or
employee of a school district or nonpublic school is not liable for
damages in a civil action for injury, death, or loss to person or
property allegedly arising from a pupil being prohibited by an
employee of the school or school district from using sunscreen, an
inhaler, or an epinephrine auto-injector because of the employee's
reasonable belief formed after a reasonable and ordinary inquiry
that the conditions prescribed in subsection (2) or (3), as
applicable, had not been satisfied. A school district, nonpublic
school, member of a school board, director or officer of a
nonpublic school, or employee of a school district or nonpublic
school is not liable for damages in a civil action for injury,
death, or loss to person or property allegedly arising from a pupil
being permitted by an employee of the school or school district to
use or possess sunscreen, an inhaler, or an epinephrine auto-
injector because of the employee's reasonable belief formed after a
reasonable and ordinary inquiry that the conditions prescribed in
subsection (2) or (3), as applicable, had been satisfied. This
subsection does not eliminate, limit, or reduce any other immunity
or defense that a school district, nonpublic school, member of a
school board, director or officer of a nonpublic school, or
employee of a school district or nonpublic school may have under
section 1178 or other state law.
(5) (4)
As part of its general powers, a
school district may
request a pupil's parent or legal guardian to provide an extra
inhaler or epinephrine auto-injector to designated school personnel
for use in case of emergency. A parent or legal guardian is not
required to provide an extra inhaler or epinephrine auto-injector
to school personnel.
(6) (5)
A principal or other chief
administrator who is aware
that a pupil is in possession of sunscreen, an inhaler, or an
epinephrine auto-injector pursuant to this section shall notify
each of the pupil's classroom teachers of that fact and of the
provisions of this section.
(7) (6)
As used in this section and in
section 1179a:
(a) "School board" includes a school board, intermediate
school board, or the board of directors of a public school academy.
(b) "School district" includes a school district, intermediate
school district, or public school academy.
(c) "Sunscreen" means a lotion that is approved by the United
States Food and Drug Administration for the purpose of absorbing or
reflecting some of the sun's ultraviolet radiation on the skin
exposed to sunlight and so helps protect against the sun. A lotion
that is in an aerosol form or used for a different purpose,
including, but not limited to, the medical treatment of an injury
or illness, is not considered sunscreen.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.