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(1) A school must comply with the following physical requirements:

(a) Floors, walls, and ceilings in toilet, locker, and shower rooms, laundries, janitorial closets, and similar rooms subject to large amounts of moisture must be maintained in a smooth and non-absorbent condition. Non-absorbent, non-skid floor matting may be used where appropriate to prevent injury.

(b) Adequate coat/jacket and book storage for each student must be provided.

(c) Beginning September 1, 2021, the school shall have and follow written policies and procedures regarding the storage, administration, and lawful disposal of prescription, nonprescription, and over-the-counter medication.

(d) All non-emergency medication must be kept in a locked, nonportable container, stored in its original container with the original prescription label. Epinephrine, naloxone, and student emergency medication may be kept in portable containers and transported by the school nurse or other authorized school personnel.

(e) Food is not allowed to be stored in refrigeration units with medications.

(f) Schools must comply with the applicable requirements of Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C 207) and 39-2-215, MCA, requiring employers to provide a nursing mother reasonable break time and a place to express breast milk after the birth of her child.

(g) The school must provide reasonable accommodations for students and staff on the school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations include, but are not limited to:

(i) access to a place, that is shielded from view and free from intrusion from the public, students, and other staff, to express breast milk or breastfeed an infant child;

(ii) permission to bring onto a school campus a breast pump and any other equipment used to express breast milk;

(iii) access to a power source for a breast pump or any other equipment used to express breast milk; and

(iv) access to a place to store expressed breast milk safely.

(h) The school must take measures consistent with the programmatic and developmental needs of its students to ensure the safe use and secure storage of any equipment including but not limited to: kitchen appliances, industrial arts equipment, maintenance tools, and hazardous art supplies.

(i) To reduce the spread of animal-borne diseases, livestock and poultry must be located more than 50 feet from food service areas, offices, or classrooms except those offices and classrooms associated with animal husbandry activities or other demonstrations as approved by the school administration. In classrooms, offices, or food service areas where livestock and poultry are approved by the administrator, animals must not have contact with eating or serving surfaces.

(2) In addition to compliance with this subchapter, school officials must comply with the Building and Fire Safety Codes administered by the State Building Codes Division and the State Fire Marshal or by local building officials (see Title 50, chapters 60 and 61, MCA, and rules adopted thereunder).


History: 50-1-206, MCA; IMP, 50-1-203, 50-1-206, MCA; NEW, 1986 MAR p. 546, Eff. 4/11/86; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2020 MAR p. 47, Eff. 1/18/20.

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