§2205 Food Allergy and Anaphylaxis Management

Summary

The Secretary of Health and Human Services, working with the Secretary of Education, must create voluntary guidelines for managing food allergies and anaphylaxis in schools and early childhood programs no later than 1 year after January 4, 2011. The guidelines must be shared with local educational agencies, schools, and early childhood education programs and used only on a voluntary basis. Any individual allergy plan made under these guidelines is treated as an education record under the Family Educational Rights and Privacy Act (FERPA). Definitions: "early childhood education program" — Head Start/Early Head Start, a State‑licensed child care program or school, or a State prekindergarten program serving birth through kindergarten; "school" — public kindergartens, elementary, and secondary schools; "Secretary" — Secretary of Health and Human Services; other terms follow their meanings in section 7801 of title 20. The guidelines must cover key items like the parent requirement to give yearly doctor documentation (diagnosis, allergens, past anaphylaxis, prescribed medicines, emergency steps, symptoms, and readiness to self‑administer), creating individual management plans with parents, emergency medical service communication, ways to lower exposure in classrooms and cafeterias, staff and student information and training, allowing and training staff to give epinephrine when a nurse is not available, access and recordkeeping for epinephrine use, plans for extracurricular activities, and any other needed elements. State law about student self‑administration of medication is not overridden. HHS may give local educational agencies grants to help implement the voluntary guidelines. Applications must show plans match the guidelines and explain activities, training, outreach, budgets, monitoring, and reporting. Grants may pay for supplies (including limited medical items like epinephrine and wipes), training with local health departments, student education, parent outreach, and other guideline‑related work. Grants last up to 2 years, with second‑year funding subject to a successful evaluation, and no agency may receive more than 2 years of funding. A grant may not exceed $50,000 per year. Priority goes to agencies with the highest percentages of children counted under section 6333(c) of title 20. Agencies must provide at least 25 percent non‑Federal matching funds (cash or in‑kind, not Federal). Up to 2 percent of a grant may be used for administration. Grant recipients must report how funds were spent, use funds to supplement not supplant other funds, and HHS is authorized $30,000,000 for fiscal year 2011 and such sums as necessary for the 4 succeeding fiscal years. The guidelines are voluntary, but the Secretary may require adoption as a condition of receiving a grant.