HB4524 98TH GENERAL ASSEMBLY

LRB098 17829 OMW 52953 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4524

Introduced , by Rep. Silvana Tabares

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.149

Amends the School Code. Provides that no later than January 1, 2015, each school board shall require that parents identify and disclose any food allergies of the student. Provides that the required disclosures shall be distributed to all relevant school personnel. Further provides that in the case of a life-threatening food allergy, the school shall implement an individualized health care and food allergy action plan for the student. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 2-3.149 as follows:

(105 ILCS 5/2-3.149)

Sec. 2-3.149. Food allergy guidelines.

(a) Not later than July 1, 2010, 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 State Board of Education and the Department of Public Health shall establish an ad hoc committee to develop the guidelines. The committee shall include experts in the field of food allergens, representatives on behalf of students with food allergies, representatives from the several public school management organizations, which shall include school administrators, principals, and school board members, and representatives from 2 statewide professional teachers' organizations. The guidelines shall include, but need not be limited to, the following:

(1) education and training for school personnel who interact with students with life-threatening food allergies, such as school and school district administrators, teachers, school advisors and counselors, school health personnel, and school nurses, on the management of students with life-threatening food allergies, including training related to the administration of medication with an auto-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.

(b) Not later than January 1, 2011, 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. Nothing in this subsection (b) is intended to invalidate school district policies that were implemented before the development of guidelines pursuant to subsection (a) of this Section as long as such policies are consistent with the guidelines developed pursuant to subsection (a) of this Section.

(c) No later than January 1, 2015, each school board shall require that parents identify and disclose any food allergies of the student. Disclosures required under this subsection (c) shall be distributed to all relevant school personnel. In the case of a life-threatening food allergy, the school shall implement an individualized health care and food allergy action plan for the student.

(Source: P.A. 96-349, eff. 8-13-09; 96-1000, eff. 7-2-10.)

Section 99. Effective date. This Act takes effect upon becoming law.