PUBLIC SCHOOL CODE OF 1949 - SUN PROTECTION OF STUDENTS AND APPLICATION OF NONPRESCRIPTION SUNSCREEN
Act of Oct. 24, 2018, P.L. 688, No. 105 Cl. 24
Session of 2018
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," in school health services, providing for sun protection of students, including the application of nonprescription sunscreen.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding a section to read:
Section 1414.10. Sun Protection Measures for Students.--(a) A school entity shall allow the following during school hours, at a school-sponsored activity or while under the supervision of school personnel:
(1) The outdoor use by a student of sun-protective clothing, including, but not limited to, a hat. Nothing in this clause shall be construed to prevent a school entity from prohibiting certain clothing or hats based on the inappropriateness of the graphics, color or message of the clothing or hats.
(2) Except as provided under subsection (b), the possession, application or use by a student of a nonaerosol topical sunscreen product without a physician's note or prescription if:
(i) The nonaerosol topical sunscreen product is approved by the Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.
(ii) The parent or guardian of the student submits a form provided by the school entity to the appropriate school personnel which attests to the following:
(A) The school entity is not responsible for ensuring that the nonaerosol topical sunscreen product is applied by the student.
(B) The student has demo