Bill Text: IL SB0152 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the School Code. Requires the State Board of Education, in conjunction with the Department of Public Health, to develop and make available to each school board guidelines for the management of students with life-threatening food allergies. Requires each school board to implement a policy based on the guidelines for the management of students with life-threatening food allergies. Imposes conditions on any rulemaking authority.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB0152 Detail]
Download: Illinois-2009-SB0152-Engrossed.html
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1 | AN ACT concerning education.
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2 | WHEREAS, Food allergies are an increasing food safety and | ||||||
3 | public health concern in the United States, especially among | ||||||
4 | children; and
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5 | WHEREAS, As recognized by the National Institutes of Health | ||||||
6 | (NIH), food allergies are a life-threatening and debilitating | ||||||
7 | disease for more than 12 million Americans, including more than | ||||||
8 | 4 million children; food allergies affect more than 500,000 | ||||||
9 | Illinois residents, including 93,000 school-aged children | ||||||
10 | (ages 5 through 17); and
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11 | WHEREAS, Food allergies are increasing at an alarming rate; | ||||||
12 | over a recent 5-year period, the number of children diagnosed | ||||||
13 | with a peanut allergy doubled; and
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14 | WHEREAS, For many children, eating even a trace amount of | ||||||
15 | an allergenic food can induce a life-threatening reaction; | ||||||
16 | these reactions can include severe vomiting, swelling of the | ||||||
17 | tongue and throat, loss of consciousness, and even death in a | ||||||
18 | relatively short period of time; and
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19 | WHEREAS, Many of the most common allergens (peanuts, tree | ||||||
20 | nuts, milk, egg, soy, wheat, fish, and shellfish) are staples | ||||||
21 | of the average school child's diet and are also used | ||||||
22 | extensively within many Illinois school lesson plans, such as |
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1 | in art and science projects; and
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2 | WHEREAS, A recent survey of elementary school nurses found | ||||||
3 | that the average school has 10 children suffering from severe | ||||||
4 | food allergies; 44% of the elementary school nurses surveyed | ||||||
5 | indicated that the number of students with food allergies had | ||||||
6 | increased over the previous 5 years, while only 2% reported a | ||||||
7 | decrease; and
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WHEREAS, There is currently no cure for this potentially | ||||||
9 | fatal disease, and the only certain path to keep children safe | ||||||
10 | is by following strict safety guidelines specific to each | ||||||
11 | child's individual needs; and
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WHEREAS, Despite the rights and protections afforded by | ||||||
13 | Section 504 of the Rehabilitation Act of 1973, the Individuals | ||||||
14 | with Disabilities Education Improvement Act of 2004, and the | ||||||
15 | Americans with Disabilities Act of 1990, children with severe | ||||||
16 | food allergies still face unsafe environments in school and | ||||||
17 | elsewhere; and
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WHEREAS, There are no consistent food allergy management | ||||||
19 | guidelines in place in the State of Illinois; management | ||||||
20 | approaches differ from school to school; and
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21 | WHEREAS, In order to ensure the health and safety of all |
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1 | children in the school environment, it is necessary for | ||||||
2 | educators, administrators, and school staff to understand the | ||||||
3 | severity of food allergies and to proactively work with parents | ||||||
4 | and health professionals to create clear and consistent | ||||||
5 | guidelines for managing allergies in the school; and
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6 | WHEREAS, The importance of managing food allergies in the | ||||||
7 | school setting has been recognized by the American Medical | ||||||
8 | Association, the American Academy of Allergy Asthma and | ||||||
9 | Immunology, the American Academy of Pediatrics, the National | ||||||
10 | Association of School Nurses, the National Association of | ||||||
11 | Elementary School Principals, the National School Boards | ||||||
12 | Association, the American College of Allergy Asthma and | ||||||
13 | Immunology, and the Food Allergy & Anaphylaxis Network; and
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14 | WHEREAS, To create clear and consistent guidelines to | ||||||
15 | provide the best measurable protection within the learning | ||||||
16 | environment and to meet the demands of the dramatically | ||||||
17 | increasing number of children affected by food allergies, the | ||||||
18 | General Assembly deems it in the public interest to enact this | ||||||
19 | Act; therefore
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20 | Be it enacted by the People of the State of Illinois,
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21 | represented in the General Assembly:
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22 | Section 5. The School Code is amended by adding Section |
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1 | 2-3.148 and changing Section 10-22.39 as follows:
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2 | (105 ILCS 5/2-3.148 new) | ||||||
3 | Sec. 2-3.148. Food allergy guidelines. | ||||||
4 | (a) Not later than July 1, 2010, the State Board of | ||||||
5 | Education, in conjunction with the Department of Public Health, | ||||||
6 | shall develop and make available to each school board | ||||||
7 | guidelines for the management of students with | ||||||
8 | life-threatening food allergies. The State Board of Education | ||||||
9 | and the Department of Public Health shall establish an ad hoc | ||||||
10 | committee to develop the guidelines. The committee shall | ||||||
11 | include experts in the field of food allergens, representatives | ||||||
12 | on behalf of students with food allergies, representatives from | ||||||
13 | the several public school management organizations, which | ||||||
14 | shall include school administrators, principals, and school | ||||||
15 | board members, and representatives from 2 statewide | ||||||
16 | professional teachers' organizations. The guidelines shall | ||||||
17 | include, but need not be limited to, the following: | ||||||
18 | (1) education and training for school personnel who | ||||||
19 | interact with students with life-threatening food | ||||||
20 | allergies, such as school and school district | ||||||
21 | administrators, teachers, school advisors and counselors, | ||||||
22 | school health personnel, and school nurses, on the | ||||||
23 | management of students with life-threatening food | ||||||
24 | allergies, including training related to the | ||||||
25 | administration of medication with an auto-injector; |
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1 | (2) procedures for responding to life-threatening | ||||||
2 | allergic reactions to food; | ||||||
3 | (3) a process for the implementation of individualized | ||||||
4 | health care and food allergy action plans for every student | ||||||
5 | with a life-threatening food allergy; and | ||||||
6 | (4) protocols to prevent exposure to food allergens. | ||||||
7 | (b) Not later than January 1, 2011, each school board shall | ||||||
8 | implement a policy based on the guidelines developed pursuant | ||||||
9 | to subsection (a) of this Section for the management of | ||||||
10 | students with life-threatening food allergies enrolled in the | ||||||
11 | schools under its jurisdiction. Nothing in this subsection (b) | ||||||
12 | is intended to invalidate school district policies that were | ||||||
13 | implemented before the development of guidelines pursuant to | ||||||
14 | subsection (a) of this Section as long as such policies are | ||||||
15 | consistent with the guidelines developed pursuant to | ||||||
16 | subsection (a) of this Section.
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17 | (105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)
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18 | Sec. 10-22.39. In-service training programs. | ||||||
19 | (a) To conduct in-service training programs for teachers. | ||||||
20 | (b) In addition to
other topics at in-service training
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21 | programs, school guidance counselors, teachers and
other | ||||||
22 | school personnel who work with pupils in grades 7 through 12 | ||||||
23 | shall be
trained to identify the warning signs of suicidal | ||||||
24 | behavior in adolescents
and teens and shall be taught | ||||||
25 | appropriate intervention and referral techniques.
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1 | (c) School guidance counselors, nurses, teachers and other | ||||||
2 | school personnel
who work with pupils may be trained to have a | ||||||
3 | basic knowledge of matters
relating to acquired | ||||||
4 | immunodeficiency syndrome (AIDS), including the nature
of the | ||||||
5 | disease, its causes and effects, the means of detecting it and
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6 | preventing its transmission, and the availability of | ||||||
7 | appropriate sources of
counseling and referral, and any other | ||||||
8 | information that may be appropriate
considering the age and | ||||||
9 | grade level of such pupils. The School Board shall
supervise | ||||||
10 | such training. The State Board of Education and the Department
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11 | of Public Health shall jointly develop standards for such | ||||||
12 | training.
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13 | (d) In this subsection (d): | ||||||
14 | "Domestic violence" means abuse by a family or household | ||||||
15 | member, as "abuse" and "family or household members" are | ||||||
16 | defined in Section 103 of the Illinois Domestic Violence Act of | ||||||
17 | 1986. | ||||||
18 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
19 | of an adult or minor child proscribed in the Criminal Code of | ||||||
20 | 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | ||||||
21 | 12-14.1, 12-15, and 12-16, including sexual violence committed | ||||||
22 | by perpetrators who are strangers to the victim and sexual | ||||||
23 | violence committed by perpetrators who are known or related by | ||||||
24 | blood or marriage to the victim. | ||||||
25 | At least once every 2 years, an in-service training program | ||||||
26 | for school personnel who work with pupils, including, but not |
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1 | limited to, school and school district administrators, | ||||||
2 | teachers, school guidance counselors, school social workers, | ||||||
3 | school counselors, school psychologists, and school nurses, | ||||||
4 | must be conducted by persons with expertise in domestic and | ||||||
5 | sexual violence and the needs of expectant and parenting youth | ||||||
6 | and shall include training concerning (i) communicating with | ||||||
7 | and listening to youth victims of domestic or sexual violence | ||||||
8 | and expectant and parenting youth, (ii) connecting youth | ||||||
9 | victims of domestic or sexual violence and expectant and | ||||||
10 | parenting youth to appropriate in-school services and other | ||||||
11 | agencies, programs, and services as needed, and (iii) | ||||||
12 | implementing the school district's policies, procedures, and | ||||||
13 | protocols with regard to such youth, including | ||||||
14 | confidentiality. At a minimum, school personnel must be trained | ||||||
15 | to understand, provide information and referrals, and address | ||||||
16 | issues pertaining to youth who are parents, expectant parents, | ||||||
17 | or victims of domestic or sexual violence.
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18 | (e) At least every 2 years, an in-service training program | ||||||
19 | for school personnel who work with pupils must be conducted by | ||||||
20 | persons with expertise in anaphylactic reactions and | ||||||
21 | management. | ||||||
22 | (Source: P.A. 95-558, eff. 8-30-07.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 |