Bill Summary for S 1011 (2025-2026)

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Summary date: 

May 4 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 1011 (Public) Filed Thursday, April 30, 2026
AN ACT TO INCREASE FOOD ALLERGY SAFETY IN PUBLIC SCHOOLS BY REQUIRING A NURSE IN EVERY SCHOOL, REQUIRING SCHOOL STAFF TO ATTEND TRAINING ON RECOGNIZING AND TREATING ANAPHYLAXIS, REQUIRING MEDICAL ACTION PLANS FOR STUDENTS WITH FOOD ALLERGIES, AND PROHIBITING FOOD AT SCHOOL CELEBRATIONS.
Intro. by Chitlik.

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Bill summary

Part I.

Amends GS 115C-47 to require local boards of education to ensure that each school within the unit is staffed by at least one full-time, permanent school nurse. 

Amends GS 115C-150.12C, 115C-218.75, 115C-238.66, and 116-239.8 to require schools for the deaf and blind, charter schools, regional schools, and lab schools to staff at least one full-time, permanent school nurse. 

Appropriates $92 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2026-27 to increase the School Health Personnel Allotment to be used to increase positions for school nurses to meet the act's requirements. Specifies that the funds are supplemental to funds provided for school nurses. 

Effective July 1, 2026. Applies beginning with the 2026-27 school year.

Part II.

Directs the Department of Health and Humans Services (DHHS) to consult with DPI and experts in the field of food allergies and anaphylaxis to develop and publish to the DHHS website a uniform statewide training program and standardized guidelines for school personnel on the management of life-threatening allergies in schools. Requires the program and guidelines to include three listed components and be updated biennially.

Appropriates $300,000 from the General Fund to DHHS, Division of Public Health for 2026-27 to develop the program and guidelines. Effective July 1, 2026.

Part III.

Amends GS 115C-12, adding to the State Board of Education's duties (1) adoption of rules establishing a medical condition action plan be implemented by each public school unit for each student at risk for a medical emergency diagnosed by a doctor, and (2) adoption of a rule in consultation with DPI and DHHS establishing the required response of public school unit employees when a student has a medical emergency not otherwise covered by a medical condition action plan for which DPI must provide each unit and each unit must implement.

Amends GS 115C-375.1 regarding the provision of medical care to students. Replaces references to the board of education with the governing body of a public school unit. Eliminates the existing prohibition against teachers and other authorized public school employees from being required to administer drugs or medication or attend lifesaving techniques programs. Adds a new provision to require governing bodies to implement the medical condition action plan adopted by the State Board for each student at risk of a medical emergency diagnosed by a doctor. Establishes three required elements of the plan. Extends existing immunity provisions for employees administering medication or emergency care to students to those implementing the medical condition action plan. Makes organizational, conforming, and clarifying changes. Provides for the staff member with the highest decision-making authority, in the event there is no principal, to determine which persons will participate in the medical care program as described in existing law.

Amends GS 115C-375.2A to require public school units (was, local boards of education) to provide a supply of emergency epinephrine (epi) delivery systems on school property for use by trained school personnel. Eliminates the previous requirement for the principal to designate one or more school personnel to receive initial and annual training on the storage and use of epi delivery systems. Now requires all public school unit employees who routinely interact with students in the course of performing their duties to receive annual training from a school nurse or qualified local health department representative regarding the storage and emergency use of the epi delivery systems. Provides for the staff with the highest decision-making authority to develop, if there is no principal, the emergency action plan for the use of the epi delivery systems. Makes conforming changes. 

Directs the State Board to adopt temporary implementing rules.

Amends GS 115C-47 (local boards of education), 115C-218.75 (charter schools), 115C-238.66 (regional schools), and GS 116-239.8 (lab schools) to require the schools implement the medical condition action plan and medical emergency plan adopted by the State Board. 

Applies beginning with the 2026-27 school year.

Part IV.

Enacts GS 115C-264.6 to require local boards of education to adopt policies for school, classroom, and birthday celebrations for elementary and middle schools and high schools as follows. Requires elementary and middle school policies to require all celebrations be non-food; include guidelines and activities for non-food celebrations; and include a form for an administrator or teacher to request an exception if tied to curriculum and served as a community snack, based on criteria developed by the local board. Requires high school policies to prohibit soft drinks from being served and encouraging teachers and parents to consider non-food options. 

Amends GS 115C-150.12C (schools for deaf and blind students), 115C-218.75 (charter schools), 115C-238.66 (regional schools), and 116-239.8 (lab schools) to require the schools to adopt a policy for non-food school celebrations consistent with GS 115C-264.6.

Applies beginning with the 2026-27 school year.