Subdivision 1. Definitions. As used in this section:
(1) "administer" means the direct application of an epinephrine auto-injector to the body of an individual;
(2) "epinephrine auto-injector" means a device that automatically injects a premeasured dose of epinephrine; and
(3) "school" means a public school under section 120A.22, subdivision 4, or a nonpublic school, excluding a home school, under section 120A.22, subdivision 4, that is subject to the federal Americans with Disabilities Act.
Subd. 2. Plan for use of epinephrine auto-injectors. (a) At the start of each school year or at the time a student enrolls in school, whichever is first, a student's parent, school staff, including those responsible for student health care, and the prescribing medical professional must develop and implement an individualized written health plan for a student who is prescribed epinephrine auto-injectors that enables the student to:
(1) possess epinephrine auto-injectors; or
(2) if the parent and prescribing medical professional determine the student is unable to possess the epinephrine, have immediate access to epinephrine auto-injectors in close proximity to the student at all times during the instructional day.
The plan must designate the school staff responsible for implementing the student's health plan, including recognizing anaphylaxis and administering epinephrine auto-injectors when required, consistent with section 121A.22, subdivision 2, clause (10). This health plan may be included in a student's 504 plan.
(b) Other nonpublic schools are encouraged to develop and implement an individualized written health plan for students requiring epinephrine auto-injectors, consistent with this section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are immune from liability for any act or failure to act, made in good faith, in implementing this section and section 121A.2207.
(d) The education commissioner may develop and transmit to interested schools a model policy and individualized health plan form consistent with this section and federal 504 plan requirements. The policy and form may:
(1) assess a student's ability to safely possess epinephrine auto-injectors;
(2) identify staff training needs related to recognizing anaphylaxis and administering epinephrine when needed;
(3) accommodate a student's need to possess or have immediate access to epinephrine auto-injectors in close proximity to the student at all times during the instructional day; and
(4) ensure that the student's parent provides properly labeled epinephrine auto-injectors to the school for the student as needed.
(e) Additional epinephrine auto-injectors may be available in school first aid kits.
(f) The school board of the school district must define instructional day for the purposes of this section.
2004 c 294 art 2 s 7; 2013 c 116 art 3 s 7
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 121A — Student Rights, Responsibilities, And Behavior
Section 121A.01 — Definitions.
Section 121A.03 — Model Policy.
Section 121A.031 — School Student Bullying Policy.
Section 121A.035 — Crisis Management Policy.
Section 121A.037 — School Safety Drills.
Section 121A.04 — Athletic Programs; Sex Discrimination.
Section 121A.05 — Policy To Refer Firearms Possessor.
Section 121A.06 — Reports Of Dangerous Weapon Incidents In School Zones.
Section 121A.10 — Moment Of Silence.
Section 121A.11 — United States Flag.
Section 121A.15 — Health Standards; Immunizations; School Children.
Section 121A.16 — Early Childhood Health And Development Screening; Purpose.
Section 121A.17 — School Board Responsibilities.
Section 121A.19 — Developmental Screening Aid.
Section 121A.21 — School Health Services.
Section 121A.215 — Local School District Wellness Policies; Website.
Section 121A.22 — Administration Of Drugs And Medicine.
Section 121A.2205 — Possession And Use Of Epinephrine Auto-injectors; Model Policy.
Section 121A.221 — Possession And Use Of Asthma Inhalers By Asthmatic Students.
Section 121A.222 — Possession And Use Of Nonprescription Pain Relievers By Secondary Students.
Section 121A.223 — Possession And Use Of Sunscreen.
Section 121A.24 — Seizure Training And Action Plan.
Section 121A.25 — Chemical Abuse Preassessment Teams; Definitions.
Section 121A.26 — School Preassessment Teams.
Section 121A.28 — Law Enforcement Records.
Section 121A.29 — Reporting; Chemical Abuse.
Section 121A.30 — Pesticide Application At Schools.
Section 121A.31 — Safety Requirement Guidelines.
Section 121A.32 — Eye Protective Devices.
Section 121A.33 — Certain Mercury Use In Schools Prohibited.
Section 121A.335 — Lead In School Drinking Water.
Section 121A.336 — Notification Of Environmental Hazards.
Section 121A.34 — School Safety Patrols.
Section 121A.37 — Youth Sports Programs.
Section 121A.38 — Concussion Procedures.
Section 121A.39 — School Counselors.
Section 121A.41 — Definitions.
Section 121A.425 — Full And Equitable Participation In Preschool And Prekindergarten.
Section 121A.43 — Exclusion And Expulsion Of Pupils With A Disability.
Section 121A.44 — Expulsion For Possession Of Firearm.
Section 121A.45 — Grounds For Dismissal.
Section 121A.46 — Suspension Procedures.
Section 121A.47 — Exclusion And Expulsion Procedures.
Section 121A.48 — Good Faith Exception.
Section 121A.50 — Judicial Review.
Section 121A.51 — Reports To Service Agency.
Section 121A.52 — Nonapplication Of Compulsory Attendance Law.
Section 121A.53 — Report To Commissioner Of Education.
Section 121A.54 — Notice Of Right To Be Reinstated.
Section 121A.55 — Policies To Be Established.
Section 121A.56 — Application.
Section 121A.575 — Alternatives To Pupil Suspension.
Section 121A.58 — Corporal Punishment.
Section 121A.582 — Student Discipline; Reasonable Force.
Section 121A.585 — Notice Of Recording Device On A School Bus.
Section 121A.59 — Bus Transportation A Privilege Not A Right.
Section 121A.60 — Definitions.
Section 121A.61 — Discipline And Removal Of Students From Class.
Section 121A.64 — Notification; Teachers' Legitimate Educational Interest.
Section 121A.65 — Review Of Policy.
Section 121A.67 — Removal By Peace Officer.
Section 121A.69 — Hazing Policy.
Section 121A.70 — Secret Fraternities And Societies.