House Bill No. 3397 amends the Education Code to provide legal immunity to open-enrollment charter schools, private schools, and their employees regarding the administration of medication to students. Specifically, it states that these entities are immune from civil liability and administrative disciplinary action for damages or injuries resulting from medication administration, provided they have received a written request from a parent or guardian and follow specific guidelines for administering prescription medication. The bill also introduces a new section that extends this immunity to private and charter schools, ensuring that they are protected under similar conditions as traditional school districts.

Additionally, the bill allows governing boards of these schools to permit licensed physicians or registered nurses who volunteer their services to administer nonprescription medication or medication prescribed by the student's personal physician, provided the school offers liability insurance for these volunteers. However, it clarifies that this immunity does not apply in cases of gross negligence. The changes are set to take effect on September 1, 2025.

Statutes affected:
Introduced: Education Code 22.052, Occupations Code 301.151 (Occupations Code 301, Education Code 22)