Food allergy and anaphylaxis management
Definitions
In this section:
Early childhood education program
The term “early childhood education program” means—
a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
a State licensed or regulated child care program or school; or
a State prekindergarten program that serves children from birth through kindergarten.
ESEA definitions
School
The term “school” includes public—
kindergartens;
elementary schools; and
secondary schools.
Secretary
Establishment of voluntary food allergy and anaphylaxis management guidelines
Establishment
In general
Not later than 1 year after
develop guidelines to be used on a voluntary basis to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; and
make such guidelines available to local educational agencies, schools, early childhood education programs, and other interested entities and individuals to be implemented on a voluntary basis only.
Applicability of FERPA
Contents
The voluntary guidelines developed by the Secretary under paragraph (1) shall address each of the following and may be updated as the Secretary determines necessary:
Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with—
documentation from their child’s physician or nurse—
supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable;
identifying any food to which the child is allergic;
describing, if appropriate, any prior history of anaphylaxis;
listing any medication prescribed for the child for the treatment of anaphylaxis;
detailing emergency treatment procedures in the event of a reaction;
listing the signs and symptoms of a reaction; and
assessing the child’s readiness for self-administration of prescription medication; and
a list of substitute meals that may be offered to the child by school or early childhood education program food service personnel.
The creation and maintenance of an individual plan for food allergy management, in consultation with the parent, tailored to the needs of each child with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such children in instances where—
the children are capable of self-administering medication; and
such administration is not prohibited by State law.
Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response.
Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas such as cafeterias.
The dissemination of general information on life-threatening food allergies to school or early childhood education program staff, parents, and children.
Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies.
The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available.
The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available.
The creation of a plan contained in each individual plan for food allergy management that addresses the appropriate response to an incident of anaphylaxis of a child while such child is engaged in extracurricular programs of a school or early childhood education program, such as non-academic outings and field trips, before- and after-school programs or before- and after-early child education program programs,1
Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents.
Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs.
Relation to State law
School-based food allergy management grants
In general
Application
In general
Contents
Each application submitted under subparagraph (A) shall include—
an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in subsection (b);
a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including—
how the guidelines will be carried out at individual schools served by the local educational agency;
how the local educational agency will inform parents and students of the guidelines in place;
how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the guidelines in place; and
any other activities that the Secretary determines appropriate;
an itemization of how grant funds received under this subsection will be expended;
a description of how adoption of the guidelines and implementation of grant activities will be monitored; and
an agreement by the local educational agency to report information required by the Secretary to conduct evaluations under this subsection.
Use of funds
Each local educational agency that receives a grant under this subsection may use the grant funds for the following:
Purchase of materials and supplies, including limited medical supplies such as epinephrine and disposable wet wipes, to support carrying out the food allergy and anaphylaxis management guidelines described in subsection (b).
In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management.
Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock.
Outreach to parents.
Any other activities consistent with the guidelines described in subsection (b).