|
SCHOOL ISSUES
Statewide Guidelines for Schools
Statewide guidelines to help schools manage students with food allergies have now been published in Connecticut, Tennessee, Massachusetts, Arizona, Washington, New Jersey (available soon), Vermont, and New York.
Active Legislation Calling for Statewide Guidelines
Illinois: HB 5338 requires the State Board of Education, in conjunction with the State Department of Health, to develop guidelines for the management of students with life-threatening food allergies. Local school boards would then be required to use the state guidelines to develop their own local policies. HB 5338 was passed by the Illinois House in May 2008, though the 2008 legislative session ended before the bill could be considered by the Illinois Senate. Supporters of the legislation plan on re-introducing it next year, so stay tuned!
Pennsylvania: HB 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.
Michigan: HB 5052 calls on the MI Department of Education to develop a "model local policy" concerning the management of students with life-threatening food allergies.
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/regulations (with year of enactment in parentheses):
| Alaska (2005) |
Maryland (2005) |
Oklahoma (2008) |
| Arizona (2005) |
Mass. (1993) |
Rhode Isl (1998) |
| Arkansas (2005) |
Michigan (2004) |
South Car. (2005) |
| Calif. (2004) |
Minnesota (2004) |
Tennessee (2005) |
| Colorado (2005) |
Missouri (2006) |
Texas (2006) |
| Delaware (2003) |
Montana (2005) |
Utah (2008) |
| Florida (2005) |
Nebraska (2006) |
Vermont (2008) |
| Hawaii (2004) |
Nevada (2005) |
Virginia (2005) |
| Idaho (2008) |
New Ham. (2003) |
Washington (2005) |
| Illinois (2006) |
New Jers. (1997) |
Wash DC (2007) |
| Indiana (2001) |
New Mex. (2005) |
West Virg. (2004) |
| Iowa (2004) |
North Car. (2005) |
Wyoming (2007) |
| Kansas (2005) |
North Dak. (2005) |
|
| Kentucky (2004) |
Ohio (2006) |
|
| Maine (2004) |
Oregon (2007) |
|
Active Legislation that would Allow Students to Carry Prescribed Epinephrine at School
Pennsylvania: SB 731 / HB 1377
New York: AB 3921
OTHER SCHOOL ISSUES
New Jersey and Delegation
A new law (P.L.2007,c.57). in New Jersey calls on the NJ Department of Education to create food allergy management guidelines for schools, clarifies the procedures by which students can carry prescribed epinephrine at school, as addresses the training of school staff members to administer epinephrine. If you live in NJ, 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 NJ Dept of Ed for guidance.
A related new law in New Jersey (P.L.2007, c.229) requires school nurses at nonpublic schools to recruit and train volunteer designees to administer epinephrine to students at school when the nurse is not physically present.
School Lunch Guidelines
The United States 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 upon 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 (Section 504) and the Americans with Disabilities Act (ADA). Section 504 is overseen by the U.S. Department of Education’s Office for Civil Rights along with 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 auto-injector. This should help ensure the safety of children
who participate in summer recreational programs in that state.
Illinois, Michigan, Maine, and New Hampshire have recently enacted laws that help
assure that epinephrine is readily accessible to children attending recreational camps.
QUESTIONS or COMMENTS? Send an email to advocacy@foodallergy.org
|
