View all text of Subchapter I [§ 2201 - § 2206]
§ 2205. Food allergy and anaphylaxis management
(a) DefinitionsIn this section:
(1) Early childhood education programThe term “early childhood education program” means—
(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
(B) a State licensed or regulated child care program or school; or
(C) a State prekindergarten program that serves children from birth through kindergarten.
(2) ESEA definitions
(3) SchoolThe term “school” includes public—
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(4) Secretary
(b) Establishment of voluntary food allergy and anaphylaxis management guidelines
(1) Establishment
(A) In generalNot later than 1 year after January 4, 2011, the Secretary, in consultation with the Secretary of Education, shall—
(i) 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
(ii) 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.
(B) Applicability of FERPA
(2) ContentsThe voluntary guidelines developed by the Secretary under paragraph (1) shall address each of the following and may be updated as the Secretary determines necessary:
(A) Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with—
(i) documentation from their child’s physician or nurse—(I) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable;(II) identifying any food to which the child is allergic;(III) describing, if appropriate, any prior history of anaphylaxis;(IV) listing any medication prescribed for the child for the treatment of anaphylaxis;(V) detailing emergency treatment procedures in the event of a reaction;(VI) listing the signs and symptoms of a reaction; and(VII) assessing the child’s readiness for self-administration of prescription medication; and
(ii) a list of substitute meals that may be offered to the child by school or early childhood education program food service personnel.
(B) 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—
(i) the children are capable of self-administering medication; and
(ii) such administration is not prohibited by State law.
(C) Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response.
(D) 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.
(E) The dissemination of general information on life-threatening food allergies to school or early childhood education program staff, parents, and children.
(F) Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies.
(G) The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available.
(H) The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available.
(I) 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
1 So in original.
and school-sponsored or early childhood education program-sponsored programs held on weekends.(J) Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents.
(K) Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs.
(3) Relation to State law
(c) School-based food allergy management grants
(1) In general
(2) Application
(A) In general
(B) ContentsEach application submitted under subparagraph (A) shall include—
(i) an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in subsection (b);
(ii) a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including—(I) how the guidelines will be carried out at individual schools served by the local educational agency;(II) how the local educational agency will inform parents and students of the guidelines in place;(III) 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(IV) any other activities that the Secretary determines appropriate;
(iii) an itemization of how grant funds received under this subsection will be expended;
(iv) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and
(v) an agreement by the local educational agency to report information required by the Secretary to conduct evaluations under this subsection.
(3) Use of fundsEach local educational agency that receives a grant under this subsection may use the grant funds for the following:
(A) 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).
(B) In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management.
(C) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock.
(D) Outreach to parents.
(E) Any other activities consistent with the guidelines described in subsection (b).
(4) Duration of awards
(5) Limitation on grant funding
(6) Maximum amount of annual awards
(7) Priority
(8) Matching funds
(A) In general
(B) Determination of amount of non-Federal contribution
(9) Administrative funds
(10) Progress and evaluations
(11) Supplement, not supplant
(12) Authorization of appropriations
(d) Voluntary nature of guidelines
(1) In general
(2) Exception
(Pub. L. 111–353, title I, § 112, Jan. 4, 2011, 124 Stat. 3916; Pub. L. 114–95, title IX, § 9215(jj), Dec. 10, 2015, 129 Stat. 2175.)