HB5338eng 95TH GENERAL ASSEMBLY

HB5338 Engrossed LRB095 14466 NHT 45987 b

AN ACT concerning education.

WHEREAS, Food allergies are an increasing food safety and public health concern in the United States, especially among children; and

WHEREAS, As recognized by the National Institutes of Health (NIH), food allergies are a life-threatening and debilitating disease for more than 12 million Americans, including more than 4 million children; food allergies affect more than 500,000 Illinois residents, including 93,000 school-aged children (ages 5 through 17); and

WHEREAS, Food allergies are increasing at an alarming rate; over a recent 5-year period, the number of children diagnosed with a peanut allergy doubled; and

WHEREAS, For many children, eating even a trace amount of an allergenic food can induce a life-threatening reaction; these reactions can include severe vomiting, swelling of the tongue and throat, loss of consciousness, and even death in a relatively short period of time; and

WHEREAS, Many of the most common allergens (peanuts, tree nuts, milk, egg, soy, wheat, fish, and shellfish) are staples of the average school child's diet and are also used extensively within many Illinois school lesson plans, such as in art and science projects; and

WHEREAS, A recent survey of elementary school nurses found that the average school has 10 children suffering from severe food allergies; 44% of the elementary school nurses surveyed indicated that the number of students with food allergies had increased over the previous 5 years, while only 2% reported a decrease; and

WHEREAS, There is currently no cure for this potentially fatal disease, and the only certain path to keep children safe is by following strict safety guidelines specific to each child's individual needs; and

WHEREAS, Despite the rights and protections afforded by Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Improvement Act of 2004, and the Americans with Disabilities Act of 1990, children with severe food allergies still face unsafe environments in school and elsewhere; and

WHEREAS, There are no consistent food allergy management guidelines in place in the State of Illinois; management approaches differ from school to school; and

WHEREAS, In order to ensure the health and safety of all children in the school environment, it is necessary for educators, administrators, and school staff to understand the severity of food allergies and to proactively work with parents and health professionals to create clear and consistent guidelines for managing allergies in the school; and

WHEREAS, The importance of managing food allergies in the school setting has been recognized by the American Medical Association, the American Academy of Allergy Asthma and Immunology, the American Academy of Pediatrics, the National Association of School Nurses, the National Association of Elementary School Principals, the National School Boards Association, the American College of Allergy Asthma and Immunology, and the Food Allergy & Anaphylaxis Network; and

WHEREAS, To create clear and consistent guidelines to provide the best measurable protection within the learning environment and to meet the demands of the dramatically increasing number of children affected by food allergies, the General Assembly deems it in the public interest to enact this Act; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.148 as follows:

(105 ILCS 5/2-3.148 new)

Sec. 2-3.148. Food allergy guidelines.

(a) Not later than July 1, 2009, the State Board of Education, in conjunction with the Department of Public Health, shall develop and make available to each school board guidelines for the management of students with life-threatening food allergies. The guidelines shall include, but need not be limited to, the following:

(1) education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;

(2) procedures for responding to life-threatening allergic reactions to food;

(3) a process for the implementation of individualized health care and food allergy action plans for every student with a life-threatening food allergy; and

(4) protocols to prevent exposure to food allergens.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(b) Not later than January 1, 2010, each school board shall implement a policy based on the guidelines developed pursuant to subsection (a) of this Section for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction.