The Vermont Statutes Online

Title 16: Education

Chapter 031: MEDICAL INSPECTION GENERALLY; HEALTH SERVICES

• Subchapter 001: MEDICAL INSPECTION GENERALLY; HEALTH SERVICES

• §§ 1381-1384. Repealed. 2011, No. 129 (Adj. Sess.), § 5, eff. May 11, 2012.

• § 1385. Repealed. 2011, No. 75 (Adj. Sess.), § 81, eff. March 7, 2012.

• § 1386. Health services for children

  In any school year, a school board may expend from its funds a sum not to exceed three percent of that year’s school budget for any necessary health service for a student whose parents are unable to pay for it. Expenditures for this purpose may include the purchase of eyeglasses and the provision of dental and other health services approved by the school nurse. The right to determine who is covered under this section shall be in the discretion of the school board. (Amended 2013, No. 56, § 10, eff. May 30, 2013.)

• § 1387. Possession and self-administration of emergency medication

  (a) Pursuant to the requirements of this section, each public and approved independent school in the State shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication at school, on school grounds, at school-sponsored activities, on school-provided transportation, and during school-related programs.

  (b) In each school year for which possession and self-administration of emergency medication is requested, the student’s parent or guardian shall provide the school with:

  (1) written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication;

  (2) written documentation from the student’s physician:

  (A) stating that the student has one or more life-threatening allergies or asthma, or both;

  (B) providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken;

  (C) affirming that the student:

  (i) is capable of, and has been instructed by the physician in, the proper method of self-administration of the emergency medication;

  (ii) has been advised of possible side-effects of the medication;

  (iii) has been informed of when and how to access emergency services.

  (c) In each school year for which possession and self-administration of emergency medication is requested, the student’s parent or guardian shall develop, in consultation with the school nurse or the designated health care staff at an approved independent school, a plan of action regarding responding to the student’s life-threatening allergy or allergies or asthma. The plan of action shall be based upon the written documentation provided by the student’s physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken. The written plan shall prominently state that the medication is solely for the use of the student covered by the plan. The parties developing the plan of action shall determine both to whom the plan, or notification of the plan, shall be given and the person or persons responsible for distribution or notification. The plan may include a requirement that the student notify a school employee or agent after self-administering emergency medication. The written plan shall become part of the student’s health records maintained by the school.

  (d) The student’s parent or guardian shall sign a statement on a form to be provided by the school releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student’s self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, recklessness, or intentional misconduct.

  (e) Nothing in this section shall prohibit a public school district or an approved independent school from adopting school policies and individual plans of action regarding the possession and self-administration of emergency medication for medical conditions other than asthma and life-threatening allergies. (Added 2007, No. 175 (Adj. Sess.), § 1.)

• § 1388. Stock supply and emergency administration of epinephrine auto-injectors

  (a) As used in this section:

  (1) “Designated personnel” means a school employee, agent, or volunteer who has been authorized by the school administrator to provide and administer epinephrine auto-injectors under this section and who has completed the training required by State Board policy.

  (2) “Epinephrine auto-injector” means a single-use device that delivers a premeasured dose of epinephrine.

  (3) “Health care professional” means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, an advanced practice registered nurse licensed to prescribe drugs and medical devices pursuant to 26 V.S.A. chapter 28, or a physician assistant licensed to prescribe drugs and medical devices pursuant to 26 V.S.A. chapter 31.

  (4) “School” means a public or approved independent school and extends to school grounds, school-sponsored activities, school-provided transportation, and school-related programs.

  (5) “School administrator” means a school’s principal or headmaster.

  (b)(1) A health care professional may prescribe an epinephrine auto-injector in a school’s name, which may be maintained by the school for use as described in subsection (d) of this section. The health care professional shall issue to the school a standing order for the use of an epinephrine auto-injector prescribed under this section, including protocols for:

  (A) assessing whether an individual is experiencing a potentially life-threatening allergic reaction;

  (B) administering an epinephrine auto-injector to an individual experiencing a potentially life-threatening allergic reaction;

  (C) caring for an individual after administering an epinephrine auto-injector to him or her, including contacting emergency services personnel and documenting the incident; and

  (D) disposing of used or expired epinephrine auto-injectors.

  (2) A pharmacist licensed pursuant to 26 V.S.A. chapter 36 or a health care professional may dispense epinephrine auto-injectors prescribed to a school.

  (c) A school may maintain a stock supply of epinephrine auto-injectors. A school may enter into arrangements with epinephrine auto-injector manufacturers or suppliers to acquire epinephrine auto-injectors for free or at reduced or fair market prices.

  (d) The school administrator may authorize a school nurse or designated personnel, or both, to:

  (1) provide an epinephrine auto-injector to a student for self-administration according to a plan of action for managing the student’s life-threatening allergy maintained in the student’s school health records pursuant to section 1387 of this title;

  (2) administer a prescribed epinephrine auto-injector to a student according to a plan of action maintained in the student’s school health records; and

  (3) administer an epinephrine auto-injector, in accordance with the protocol issued under subsection (b) of this section, to a student or other individual at a school if the nurse or designated personnel believe in good faith that the student or individual is experiencing anaphylaxis, regardless of whether the student or individual has a prescription for an epinephrine auto-injector.

  (e) Designated personnel, a school, and a health care professional prescribing an epinephrine auto-injector to a school shall be immune from any civil or criminal liability arising from the administration or self-administration of an epinephrine auto-injector under this section, unless the person’s conduct constituted intentional misconduct. Providing or administering an epinephrine auto-injector under this section does not constitute the practice of medicine.

  (f) On or before January 1, 2014, the State Board, in consultation with the Department of Health, shall adopt policies for managing students with life-threatening allergies and other individuals with life-threatening allergies who may be present at a school. The policies shall:

  (1) establish protocols to prevent exposure to allergens in schools;

  (2) establish procedures for responding to life-threatening allergic reactions in schools, including postemergency procedures;

  (3) implement a process for schools and the parents or guardians of students with a life-threatening allergy to jointly develop a written individualized allergy management plan of action that:

  (A) incorporates instructions from a student’s physician regarding the student’s life-threatening allergy and prescribed treatment;

  (B) includes the requirements of section 1387 of this title, if a student is authorized to possess and self-administer emergency medication at school;

  (C) becomes part of the student’s health records maintained by the school; and

  (D) is updated each school year;

  (4) require education and training for school nurses and designated personnel, including training related to storing and administering an epinephrine auto-injector and recognizing and responding to a life-threatening allergic reaction; and

  (5) require each school to make publicly available protocols and procedures developed in accordance with the policies adopted by the State Board under this section. (Added 2013, No. 68, § 4.)

• § 1389. Possession and application of sunscreen

  (a) Pursuant to the requirements of this section, each public and approved independent school in the State shall permit students, with the written authorization of a parent or guardian, to possess and self-administer a topical, nonaerosolized sunscreen while on school property or at a school-sponsored event or activity without being required to provide a medical provider’s note or prescription or having to store the sunscreen in a specific location. A school shall keep on file a parent’s or guardian’s written authorization.

  (b) School personnel shall not be required to assist students in applying sunscreen and shall not be responsible for ensuring that the sunscreen is applied to the student.

  (c) The school and school personnel shall be immune from civil liability for any actions taken in good faith in reliance on the provisions of this section. This section shall not apply to recklessness or intentional misconduct on the part of the school or school personnel.

  (d) As used in this section, “sunscreen” means a product regulated by the U.S. Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet-light-induced skin damage. (Added 2023, No. 98 (Adj. Sess.), § 1, eff. July 1, 2024.)

• Subchapter 002: TESTING SIGHT AND HEARING

• § 1421. Repealed. 2015, No. 48, § 3.

• § 1422. Periodic hearing and vision screening; guidelines

  School districts and primary care providers shall conduct periodic hearing and vision screening of school-aged children pursuant to research-based guidelines developed by the Commissioner of Health in consultation with the Secretary of Education. School districts and primary care providers will attempt to avoid duplicating services provided by the other and will share information as practicable and allowable by law. (Amended 1969, No. 34; 2007, No. 154 (Adj. Sess.), § 6; 2009, No. 44, § 31, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 134, eff. Feb. 14, 2014.)

• Subchapter 003: HEALTH AND SAFETY GENERALLY

• § 1431. Concussions and other head injuries

  (a) Definitions. As used in this subchapter:

  (1) “Coach” means a person who instructs or trains students on a school athletic team.

  (2) “Collision sport” means football, hockey, lacrosse, or wrestling.

  (3) “Contact sport” means a sport, other than football, hockey, lacrosse, or wrestling, defined as a contact sport by the American Academy of Pediatrics.

  (4) “Health care provider” means an athletic trainer, or other health care provider, licensed pursuant to Title 26, who has within the preceding five years been specifically trained in the evaluation and management of concussions and other head injuries. Training pursuant to this subdivision shall include training materials and guidelines for practicing physicians provided by the Centers for Disease Control and Prevention, if available.

  (5) “School athletic team” means an interscholastic athletic team or club sponsored by a public or approved independent school for elementary or secondary students.

  (6) “Youth athlete” means an elementary or secondary student who is a member of a school athletic team.

  (b) Guidelines and other information. The Secretary of Education or designee, assisted by members of the Vermont Principals’ Association selected by that association, members of the Vermont School Boards Insurance Trust, and others as the Secretary deems appropriate, shall develop statewide guidelines, forms, and other materials, and update them when necessary, that are designed to educate coaches, youth athletes, and the parents and guardians of youth athletes regarding:

  (1) the nature and risks of concussions and other head injuries;

  (2) the risks of premature participation in athletic activities after receiving a concussion or other head injury;

  (3) the importance of obtaining a medical evaluation of a suspected concussion or other head injury and receiving treatment when necessary;

  (4) effective methods to reduce the risk of concussions occurring during athletic activities; and

  (5) protocols and standards for clearing a youth athlete to return to play following a concussion or other head injury, including treatment plans for such athletes.

  (c) Notice and training. The principal or headmaster of each public and approved independent school in the State, or a designee, shall ensure that:

  (1) the information developed pursuant to subsection (b) of this section is provided annually to each youth athlete and the athlete’s parents or guardians;

  (2) each youth athlete and a parent or guardian of the athlete annually sign a form acknowledging receipt of the information provided pursuant to subdivision (1) of this subsection and return it to the school prior to the athlete’s participation in training or competition associated with a school athletic team;

  (3)(A) each coach of a school athletic team receive training no less frequently than every two years on how to recognize the symptoms of a concussion or other head injury, how to reduce the risk of concussions during athletic activities, and how to teach athletes the proper techniques for avoiding concussions; and

  (B) each coach who is new to coaching at the school receive training prior to beginning his or her first coaching assignment for the school; and

  (4) each referee of a contest involving a high school athletic team participating in a collision sport receive training not less than every two years on how to recognize concussions when they occur during athletic activities.

  (d) Participation in athletic activity.

  (1) Neither a coach nor a health care provider shall permit a youth athlete to continue to participate in any training session or competition associated with a school athletic team if the coach or health care provider knows or should know that the athlete has sustained a concussion or other head injury during the training session or competition.

  (2) Neither a coach nor a health care provider shall permit a youth athlete who has been prohibited from training or competing pursuant to subdivision (1) of this subsection to train or compete with a school athletic team until the athlete has been examined by and received written permission to participate in athletic activities from a health care provider.

  (e) Action plan.

  (1) The principal or headmaster of each public and approved independent school in the State or a designee shall ensure that each school has a concussion management action plan that describes the procedures the school shall take when a student athlete suffers a concussion. The action plan shall include policies on:

  (A) who makes the initial decision to remove a student athlete from play when it is suspected that the athlete has suffered a concussion;

  (B) what steps the student athlete must take in order to return to any athletic or learning activity;

  (C) who makes the final decision that a student athlete may return to athletic activity; and

  (D) who has the responsibility to inform a parent or guardian when a student on that school’s athletic team suffers a concussion.

  (2) The action plan required by subdivision (1) of this subsection shall be provided annually to each youth athlete and the athlete’s parents or guardians.

  (3) Each youth athlete and a parent or guardian of the athlete shall annually sign a form acknowledging receipt of the information provided pursuant to subdivision (2) of this subsection and return it to the school prior to the athlete’s participation in training or competition associated with a school athletic team.

  (f) Health care providers; presence at athletic events.

  (1) The home team shall ensure that a health care provider is present at any athletic event in which a high school athletic team participates in a collision sport. If an athlete on the visiting team suffers a concussion during the athletic event, the health care provider shall notify the visiting team’s athletic director within 48 hours after the injury occurs.

  (2) Home teams are strongly encouraged to ensure that a health care provider is present at any athletic event in which a high school athletic team participates in a contact sport.

  (3) A school shall notify a parent or guardian within 24 hours of when a student participating on that school’s athletic team suffers a concussion. (Added 2011, No. 58, § 40, eff. May 31, 2011; amended 2011, No. 171 (Adj. Sess.), § 39a; 2013, No. 68, § 2.)

• § 1432. Menstrual products

  (a) By enacting this statute, the General Assembly intends to ensure that all students attending a public school or an approved independent school have access to menstrual products at no cost and without having to request them.

  (b)(1) A school district and an approved independent school shall make menstrual products available at no cost for each school within the district or under the jurisdiction of the board of the independent school in:

  (A) a majority of gender-neutral bathrooms and bathrooms designated for female students that are generally used by students who are eight years of age or older; and

  (B) the school nurse’s office.

  (2) The school district or independent school, in consultation with the school nurse who provides services to the school, shall determine which of the gender-neutral bathrooms and bathrooms designated for female students to stock with menstrual products and which brands to use.

  (c) School districts and approved independent schools shall bear the cost of supplying menstrual products and may seek grants or partner with a nonprofit or community-based organization to fulfill this obligation. (Added 2021, No. 66, § 11, eff. June 7, 2021.)