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SCHOOL ISSUES
Statewide Guidelines for Schools
Statewide guidelines to help schools manage students with food allergies have now been published in
Arizona,
Connecticut,
Massachusetts,
New Jersey,
New York, Tennessee,
Vermont,
and
Washington.
Active Legislation Calling for Statewide Guidelines
Michigan: H.B.5052 calls on the state Department of Education to develop a model local policy concerning the management of students with life-threatening food allergies. Pennsylvania: H.B.2433 calls on the state Department of Education to encourage each school district to develop and implement uniform guidelines relating to food allergy reaction management.
Students Carrying Prescribed Epinephrine at School
Vermont is the most recent state to enact a law allowing students to carry their prescribed epinephrine at school.
Below are the states that now have laws or regulations regarding this issue (with year of enactment in parentheses):
| Alaska (2005) |
Maine (2004) |
Oregon (2007) |
| Arizona (2005) |
Maryland (2005) |
Oklahoma (2008) |
| Arkansas (2005) |
Massachusetts (1993) |
Rhode Island (1998) |
| California (2004) |
Michigan (2004) |
South Carolina (2005) |
| Colorado (2005) |
Minnesota (2004) |
Tennessee (2005) |
| Delaware (2003) |
Missouri (2006) |
Texas (2006) |
| District of Columbia (2007) |
Montana (2005) |
Utah (2008) |
| Florida (2005) |
Nebraska (2006) |
Vermont (2008) |
| Hawaii (2004) |
Nevada (2005) |
Virginia (2005) |
| Idaho (2008) |
New Hampshire (2003) |
Washington (2005) |
| Illinois (2006) |
New Jersey (1997) |
West Virginia (2004) |
| Indiana (2001) |
New Mexico (2005) |
Wyoming (2007) |
| Iowa (2004) |
North Carolina (2005) |
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| Kansas (2005) |
North Dakota (2005) |
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| Kentucky (2004) |
Ohio (2006) |
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The following states have active legislation that would allow students to carry prescribed epinephrine at school:
New York: A.B.3921
Pennsylvania: S.B.731 / H.B.1377
OTHER SCHOOL ISSUES
New Jersey and Delegation
A new law (P.L.2007, c.57). in New Jerseycalls on the state Department of Education to create food allergy management guidelines for schools. This law clarifies the procedures by which students can carry prescribed epinephrine at school, and it also addresses the training of school staff members to administer epinephrine. If you live in New Jersey and your school officials are hesitant or reluctant regarding food allergy management, show them a copy of P.L.2007, c.57, and encourage them to contact the New Jersey Department of Education for guidance.
A related new law in New Jersey (P.L.2007, c.229) requires school nurses at nonpublicschools to recruit and train volunteer designees to administer epinephrine to students at school when the nurse is not physically present.
School Lunch Guidelines
The U.S. Department of Agriculture (USDA), the federal body that oversees the national school lunch program, has a guidance document entitled Accommodating Children with Special Dietary Needs.
In this document, the USDA recommends that children with life-threatening food allergies be given a safe substitute meal, based on instructions from the child’s physician.
Schools and the Law
It is generally accepted that children with life-threatening food allergies are considered disabled under federal civil rights laws, such as Section 504 of the Rehabilitation Act and the Americans With Disabilities Act (ADA). Section 504 is overseen by the U.S. Department of Education’s Office for Civil Rights, and the U.S. Department of Agriculture's Office for Civil Rights. The ADA is overseen by the U.S. Department of Justice.
CAMP-RELATED ISSUES
A new law in Maine calls for personnel supervising municipal recreational programs to be trained to administer an epinephrine autoinjector. This law should help ensure the safety of children who participate in summer recreational programs in that state.
Illinois, Maine, Michigan, and New Hampshirehave recently enacted laws that help ensure that epinephrine is readily accessible to children attending recreational camps.
Questions or comments? Send an e-mail to advocacy@foodallergy.org
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