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SCHOOL ISSUES
The Food Allergy and Anaphylaxis Management Act of 2009 has been re-introduced in Congress!
Does your child's school or school district have a written food allergy management policy? If so, please email a copy to cweiss@foodallergy.org. We're interested in collecting such policies from around the country!
New Laws Passed in 2009!
In Colorado, Senate Bill 226 was signed into law by Governor Ritter during Food Allergy Awareness Week. The new law calls on the State Board of Education, in consultation with the State Department of Public Health and Environment, to promulgate rules for the management of food allergies and anaphylaxis among public school students. The law also calls on the State Charter School Institute, along with each school district board of education, to adopt and implement a policy for the management of food allergies and anaphylaxis among students. All these requirements should be completed by July 1, 2010.
In Maryland, House Bill 26 was signed into law by Governor O'Malley shortly after Food Allergy Awareness Week. The new law calls on public school principals in that state to consult with a school health professional and monitor strategies at the school designed to reduce the risk of exposure to anaphylactic causative agents in the classrooms and common areas. The strategies are to be in accordance with the Maryland State School Health Service Guideline, published in January, 2006.
In Kansas, HB.2008 was approved by the Governor in April. The new law allows any accredited school in that state to obtain an epinephrine kit from a licensed pharmacist, and to maintain the kit at school. The epinephrine could then be used in emergency anaphylactic situation that occurs at school, on school property, or at school-sponsored events.
Legislation has been passed in Georgia and Connecticut that would allow students, with parental and physician consent, to carry their prescribed epinephrine while at school.
A new law in Texas calls for the creation of an online resource for teachers who have students with special health needs, including food allergy.
Other Legislation Being Considered in 2009 Legislation calling for the creation of statewide guidelines for managing students with food allergies is also being considered in Michigan, Illinois, Missouri, Nebraska
and Pennsylvania.
A bill in Texas would allow school nurses to maintain a non-student specific supply of epinephrine auto-injectors at school. Research suggests that almost 1/4 of epinephrine administrations in the school setting involve students whose allergy is not known at the time of the reaction. Allowing school nurses to keep epinephrine on hand, then, could help save lives.
Another bill in Texas calls for each school district in that state, along with each charter school, to develop an allergy and anaphylaxis management plan.
Legislation in Texas allows school districts to require parents to disclose whether their child has severe food allergy, and calls on elementary schools to post a "severe food allergy" sign appropriate classrooms.
Legislation that would allow students, with appropriate consent, to carry their prescribed epinephrine at school is being considered in New York, Pennsylvania and Louisiana.
For information on helping pass any of this legislation, please send an email to cweiss@foodallergy.org
Carrying Prescribed Epinephrine at School
Below are the states that now have laws or regulations allowing students to carry, and potentially self-administer, their prescribed epinephrine at school (with year of enactment in parentheses):
| Alaska (2005) |
Maine (2004) |
Rhode Island (1998) |
| Arizona (2005) |
Maryland (2005) |
South Carolina (2005) |
| Arkansas (2005) |
Massachusetts (1993) |
Tennessee (2005) |
| California (2004) |
Michigan (2004) |
Texas (2006) |
| Colorado (2005) |
Minnesota (2004) |
Utah (2008) |
| Connecticut (2009) |
Missouri (2006) |
Vermont (2008) |
| Delaware (2003) |
Montana (2005) |
Virginia (2005) |
| District of Columbia (2007) |
Nebraska (2006) |
Washington (2005) |
| Florida (2005) |
Nevada (2005) |
West Virginia (2004) |
| Georgia (2009) |
New Hampshire (2003) |
Wyoming (2007) |
| Hawaii (2004) |
New Jersey (2001) |
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| Idaho (2008) |
New Mexico (2005) |
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| Illinois (2006) |
North Carolina (2005) |
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| Indiana (2001) |
North Dakota (2005) |
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| Iowa (2004) |
Ohio (2006) |
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| Kansas (2005) |
Oregon (2007) |
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| Kentucky (2004) |
Oklahoma (2008) |
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OTHER SCHOOL ISSUES
Statewide Guidelines for Schools
Statewide guidelines to help schools manage students with food allergies have now been published in Arizona, Connecticut, Maryland, Massachusetts, Mississippi, New Jersey, New York, Tennessee, Vermont, Washington, and West Virginia.
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 Hampshire have recently enacted laws that help ensure that epinephrine is readily accessible to children attending recreational camps.
Questions or comments? Send an e-mail to cweiss@foodallergy.org
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