HOUSE BILL No. 4895

 

 

September 6, 2017, Introduced by Rep. Hertel and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1180.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1180. (1) The board of a school district or intermediate

 

school district or the board of directors of a public school

 

academy shall not adopt or implement, and shall ensure that a

 

school official or employee under its control and direction does

 

not adopt or implement, a policy or practice that prohibits or

 

restricts a pupil's possession of sunscreen at school or

 

application of sunscreen on himself or herself at school.

 

     (2) Except as is necessary to maintain order and control at

 

school for the purpose of providing an environment conducive to

safety and learning, a school official or employee of a public

 

school shall not prohibit or restrict a pupil's possession of

 

sunscreen at school or application of sunscreen on himself or

 

herself at school.

 

     (3) A public school, member of a school board or intermediate

 

school board, member of a board of directors, or employee or

 

official of or volunteer for a public school is not liable for

 

damages in a civil action for injury, death, or loss to person or

 

property allegedly arising from a person acting under this section.

 

This subsection does not eliminate, limit, or reduce any other

 

immunity or defense that a person listed in this subsection may

 

have under other state law.

 

     (4) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, on a school bus or other school-related vehicle, or at a

 

school-sponsored activity or event whether or not it is held on

 

school property.

 

     (b) "Sunscreen" means a lotion, spray, gel, or other topical

 

product that is approved by the United States Food and Drug

 

Administration for the purpose of absorbing or reflecting some of

 

the sun's ultraviolet radiation on the skin exposed to sunlight and

 

so helps protect against sunburn. A lotion, spray, gel, or other

 

topical product used for a different purpose, including, but not

 

limited to, the medical treatment of an injury or illness, is not

 

considered sunscreen under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.