Allergy Safe Schools Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1011

Short Title: Allergy Safe Schools Act. (Public)
Sponsors: Senator Chitlik (Primary Sponsor).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1011-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO INCREASE F OOD ALLERGY SAFETY I N PUBLIC SCHOOLS BY 2
REQUIRING A NURSE IN EVERY SCHOOL, REQUI RING SCHOOL STAFF TO 3
ATTEND TRAINING ON R ECOGNIZING AND TREAT ING ANAPHYLAXIS, 4
REQUIRING MEDICAL ACTION PLANS FOR STUDENTS WITH FOOD ALLERGIES, 5
AND PROHIBITING FOOD AT SCHOOL CELEBRATIONS. 6
The General Assembly of North Carolina enacts: 7
8
PART I. A NURSE IN EVERY SCHOOL 9
SECTION 1.(a) G.S. 115C-47 is amended by adding a new subdivision to read: 10
"(73) To Provide at Least One School Nurse in Every School. – Local boards of 11
education shall ensure that each school within the local school administrative 12
unit is staffed by at least one full-time, permanent school nurse." 13
SECTION 1.(b) G.S. 115C-150.12C is amended by adding a new subdivision to 14
read: 15
"(39) To provide at least one school nurse in every school. – The board of trustees 16
shall ensure that each school is staffed by at least one full -time, permanent 17
school nurse." 18
SECTION 1.(c) G.S. 115C-218.75 is amended by adding a new subsection to read: 19
"(p) At Least One School Nurse. – A charter school shall ensure that the school is staffed 20
by at least one full-time, permanent school nurse." 21
SECTION 1.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read: 22
"(23) At least one school nurse required. – A regional school shall ensure that the 23
school is staffed by at least one full-time, permanent school nurse." 24
SECTION 1.(e) G.S. 116-239.8(b) is amended by adding a new subdivision to read: 25
"(26) At least one school nurse required. – A laboratory school shall ensure that the 26
school is staffed by at least one full-time, permanent school nurse." 27
SECTION 1.(f) There is appropriated from the General Fund to the Department of 28
Public Instruction the sum of ninety -two million dollars ($92,000,0 00) in recurring funds 29
beginning with the 2026 -2027 fiscal year to increase the School Health Personnel Allotment. 30
These funds shall be used to increase positions for school nurses in order to provide at least one 31
full-time, permanent school nurse in every school in a public school unit. 32
SECTION 1.(g) Funds provided pursuant to this act shall supplement and not 33
supplant any funds from any source already provided for school nurses. 34
SECTION 1.(h) This section is effective July 1, 2026, and applies beginning with 35
the 2026-2027 school year. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1011-First Edition
1
PART II. SCHOOL STAF F TRAINING ON RECOGN IZING AND TREATING 2
ANAPHYLAXIS 3
SECTION 2.(a) The Department of Health and Human Services (DHHS), in 4
consultation with the Department of Public Instruction (DPI) and experts in the field of food 5
allergies and anaphylaxis, shall develop and publish to the DHHS website a uniform statewide 6
training program and standardized guidelines for school personnel on the management of 7
life-threatening allergies in schools. The training program and guidelines shall include at least all 8
of the following components: 9
(1) Evidence-based training modules for school personnel on recognizing and 10
responding to food allergies and anaphylaxis. 11
(2) Standardized guidelines for the management of life -threatening allergies in 12
schools. 13
(3) Model plans for school districts to adopt or adapt to ensure compliance with 14
medically accurate best practices. 15
SECTION 2.(b) The DHHS shall update the uniform statewide training program and 16
standardized guidelines developed pursuant to subsection (a) of this section biennially to reflect 17
current medical research and best practices. 18
SECTION 2.(c) There is appropriated from the General Fund to the Department of 19
Health and Human Services, Division of Public Health, the sum of three hundred thousand dollars 20
($300,000) in nonrecurring funds for the 2026-2027 fiscal year to develop the uniform statewide 21
training program and standardized guidelines described in subsection (a) of this section. 22
SECTION 2.(d) This section is effective July 1, 2026. 23
24
PART III. MEDICAL CONDITION ACTION PLANS 25
SECTION 3.(a) G.S. 115C-12 is amended by adding the following new subdivisions 26
to read: 27
"(51) Medical Condition Action Plan. – The State Board of Education shall adopt a 28
rule establishing a medical condition action plan as provided in 29
G.S. 115C-375.1 to be implemented by each public school unit for each 30
student at risk for a medical emergency as diagnosed by a doctor. 31
(52) Medical Emergency Plan. – The State Board of Education, in consultation 32
with the Department of Public Instruction and the Department of Health and 33
Human Services, shall adopt a rule establishing the re quired response of 34
public school unit employees when a student has a medical emergency not 35
otherwise covered by a medical condition action plan implemented in 36
accordance with G.S. 115C-375.1. The Department of Public Instruction shall 37
provide each public school unit with a copy of the rule, and each public school 38
unit shall implement the rule." 39
SECTION 3.(b) G.S. 115C-375.1 reads as rewritten: 40
"§ 115C-375.1. To provide some medical care to students.students and implement medical 41
condition action plans. 42
(a) Notwithstanding G.S. 90-21.10B, it is within the scope of duty of teachers, including 43
substitute teachers, teacher assistants, student teachers, or any other public school employee 44
when authorized by the board of education governing body of a public school unit or its designee, 45
(i) to administer any drugs or medication prescribed by a doctor upon written request of the 46
parents, or as described in the medical condition action plan required by subsection (b) of this 47
section, (ii) to give emergency health care when reasonably apparent circumstances indicate that 48
any delay would seriously worsen the physical condition or endanger the life of the pupil, student, 49
and (iii) to perform any other first aid or lifesaving techniques in which the employee has been 50
General Assembly Of North Carolina Session 2025
Senate Bill 1011-First Edition Page 3
trained in a program approved by the State Board of Education. No employee, however, shall be 1
required to administer drugs or medication or attend lifesaving techniques programs. 2
(b) Each governing body of a public school unit shall implement the medical condition 3
action plan adopted by the State Board of Education pursuant to G.S. 115C-12(51) for each 4
student at risk of a medical emergency as diagnosed by a doctor. The medical condition action 5
plan adopted by the State Board of Education shall include all of the following: 6
(1) A standard medical condition action plan form. 7
(2) Detailed instructions in the medical condition action plan form to ensure that 8
all individuals designated by the principal, or, if there is no principal, the staff 9
member with the highest decision -making authority, to provide medical care 10
for a student at risk for a medical emergency as diagnosed by a doctor, know 11
how to address the medical emergency. 12
(3) Information detailing the method by which and by whom any medical 13
emergency will be handled when the student is at a school-sponsored activity 14
that is not on the campus of the public school unit, including field trips and 15
interscholastic athletic activities. 16
(c) Any public school unit employee, authorized by the board of education governing 17
body of a public school unit or its designee to act under (i), (ii), or (iii) above, subsections (a) 18
and (b) of this section , shall not be liable in civil damages for any authorized act or for any 19
omission relating to that act unless the act or omission amounts to gross negligence, wanton 20
conduct, or intentional wrongdoing. Any person, serving in a voluntary position at the request of 21
or with the permission or consent of the board of education governing body of a public school 22
unit or its designee, who has been given the authority by the board of education governing body 23
of a public school unit or its designee to act under (ii) above give emergency health care when 24
reasonably apparent circumstances indicate that any delay would seriously worsen the physical 25
condition or endanger the life of the student shall not be liable in civil damages for any authorized 26
act or for any omission relating to the act unless the act amounts to gross negligence, wanton 27
conduct, or intentional wrongdoing. 28
(d) At the commencement of each school year, but before the beginning of classes, and 29
thereafter as circumstances require, the principal of each school school, or, if there is no principal, 30
the staff member with the highest decision-making authority, shall determine which persons will 31
participate in the medical care program." 32
SECTION 3.(c) G.S. 115C-375.2A reads as rewritten: 33
"§ 115C-375.2A. School supply of epinephrine delivery systems. 34
(a) A local board of education Public school units shall provide for a supply of emergency 35
epinephrine delivery systems on school property for use by trained school personnel to provide 36
emergency medical aid to persons suffering from an anaphylactic reaction during the school day 37
and at school -sponsored events on school property. Each school shall store in a secure but 38
unlocked and easily accessible location a minimum of two epinephrine delivery systems. For 39
purposes of this section, "school property" does not include transportation to or from school. 40
(b) For the purposes of this section and G.S. 115C-375.2, "epinephrine delivery system" 41
means a disposable drug delivery system that is designed for emergency administrat ion of 42
epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction 43
to anaphylaxis, including nasal sprays and injectors that are approved by the United States Food 44
and Drug Administration with a premeasured, appropriate weight-based dose of epinephrine. 45
(c) The principal shall designate one or more school personnel, as part of the medical 46
care program under G.S. 115C-375.1, to All public school unit employees that routinely interact 47
with students in the course of pe rforming their duties shall receive initial training and annual 48
retraining training from a school nurse or qualified representative of the local health department 49
regarding the storage and emergency use of epinephrine delivery systems. Notwithstanding any 50
other provision of law to the contrary, the school nurse or other designated school personnel who 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 1011-First Edition
has received training under this subsection shall obtain a non-patient specific prescription for an 1
epinephrine delivery system from a physician, physician as sistant, or nurse practitioner of the 2
local health department serving the area in which the local school administrative unit is located. 3
(d) The principal principal, or, if there is no principal, the staff member with the highest 4
decision-making authority, shall collaborate with appropriate school personnel to develop an 5
emergency action plan for the use of epinephrine delivery systems in an emergency. The plan 6
shall include at least the following components: 7
(1) Standards and procedures for the storage an d emergency use of epinephrine 8
delivery systems by trained school personnel. 9
(2) Training Annual training of school personnel in recognizing symptoms of 10
anaphylaxis. 11
(3) Emergency follow-up procedures, including calling emergency services and 12
contacting a student's parent, guardian, and physician. 13
(4) Instruction and certification in cardiopulmonary resuscitation. 14
(e) A supply of emergency epinephrine delivery systems provided in accordance with 15
this section shall not be used as the sole medication supply for students known to have a medical 16
condition requiring the availability or use of an epinephrine delivery system. Those students may 17
be authorized to possess and self -administer their medication on school property under 18
G.S. 115C-375.2. 19
(f) A local board of education, public school unit, its members, employees, designees, 20
agents, or volunteers, and a physician, physician assistant, or nurse practitioner of the local health 21
department shall not be liable in civil damages to any party for any act authorized by this section 22
or for any omission relating to that act unless that act or omission amounts to gross negligence, 23
wanton conduct, or intentional wrongdoing." 24
SECTION 3.(d) The State Board of Education may adopt temporary rules to 25
implement this section. 26
SECTION 3.(e) G.S. 115C-47 is amended by adding the following new subdivisions 27
to read: 28
"(74) To Implement a Medical Condition Action Plan. – Local boards of education 29
shall implement the medical condition action plan adopted by the State Board 30
of Education under G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 31
(75) To Implement a Medical Emergency Plan. – Local boards of education shall 32
implement the medical emergency plan adopted by the State Board of 33
Education under G.S. 115C-12(51)." 34
SECTION 3.(f) G.S. 115C-218.75 is amended by adding the following new 35
subsections to read: 36
"(e3) Medical Condition Action Plan. – A charter school shall implement the medical 37
condition action plan adopted by the State Board of Education under G.S. 115C-12(51) and as 38
provided in G.S. 115C-375.1. 39
(e4) Medical Emergency Plan. – A charter school shall implement the medical emergency 40
plan adopted by the State Board of Education under G.S. 115C-12(52)." 41
SECTION 3.(g) G.S. 115C-238.66 is amended by adding the following new 42
subdivisions to read: 43
"(7h) Medical condition action plan . – A regional school shall implement the 44
medical condition action plan adopted by the State Board of Education under 45
G.S. 115C-12(51) and as provided in G.S. 115C-375.1. 46
(7i) Medical emergency plan. – A regional school shall implement the medical 47
emergency plan adopted by the State Board of Education under 48
G.S. 115C-12(52)." 49
SECTION 3.(h) G.S. 116-239.8(b) is amended by adding the following new 50
subdivisions to read: 51
General Assembly Of North Carolina Session 2025
Senate Bill 1011-First Edition Page 5
"(27) Medical condition action plan. – A laboratory school shall implement the 1
medical condition action plan adopted by the State Board of Education under 2
G.S. 115C-12(51) and as provided in G.S. 115C-375.1. 3
(28) Medical emergency plan. – A laboratory school shall implement the medical 4
emergency plan adopted by the State Board of Education under 5
G.S. 115C-12(52)." 6
SECTION 3.(i) This section is effective when it becomes law and applies beginning 7
with the 2026-2027 school year. 8
9
PART IV. PROHIBIT FOOD AT SCHOOL CELEBRATIONS 10
SECTION 4.(a) Part 2 of Article 17 of Chapter 115C of the General Statutes is 11
amended by adding a new section to read: 12
"§ 115C-264.6. Non-food celebrations. 13
Local boards of education shall adopt polic ies for school, classroom, and birthday 14
celebrations that are consistent with the following: 15
(1) For elementary and middle schools: 16
a. Requiring all celebrations to be non-food celebrations. 17
b. Include guidelines and activities for no n-food celebrations, which 18
shall be widely promoted to students, school staff, and parents. 19
c. Include a form with which an administrator or teacher may request an 20
exception to the non -food policy, if a food -based activity is 21
specifically tied to curriculum objectives and served as a community 22
snack. The local board shall develop criteria for community snacks, 23
including instructions for proper handling and storage of food. 24
(2) For high schools: 25
a. Prohibiting soft drinks from being served. 26
b. Encouraging teachers and parents to consider non-food options." 27
SECTION 4.(b) G.S. 115C-150.12C is amended by adding a new subdivision to 28
read: 29
"(40) Non-food celebrations. – The board of trustees shall adopt a policy for 30
non-food school celebrations that is consistent with G.S. 115C-264.6." 31
SECTION 4.(c) G.S. 115C-218.75 is amended by adding a new subsection to read: 32
"(q) Non-food Celebrations. – A charter school shall adopt a policy for non-food school 33
celebrations that is consistent with G.S. 115C-264.6." 34
SECTION 4.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read: 35
"(24) Non-food celebrations. – A regional school shall adopt a policy for non-food 36
school celebrations that is consistent with G.S. 115C-264.6." 37
SECTION 4.(e) G.S. 116-239.8(b) is amended by adding a new subdivision to read: 38
"(29) Non-food celebrations. – A laboratory shall adopt a policy for non-food school 39
celebrations that is consistent with G.S. 115C-264.6." 40
SECTION 4.(f) The section is effective when it becomes law and applies beginning 41
with the 2026-2027 school year. 42
43
PART V. EFFECTIVE DATE 44
SECTION 5. Except as otherwise provided, this act is effective when it becomes 45
law. 46