SB0152eng 96TH GENERAL ASSEMBLY

SB0152 Engrossed LRB096 05775 NHT 15850 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 and changing Section 10-22.39 as follows:

(105 ILCS 5/2-3.148 new)

Sec. 2-3.148. 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.

(105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers.

(b) In addition to other topics at in-service training programs, school guidance counselors, teachers and other school personnel who work with pupils in grades 7 through 12 shall be trained to identify the warning signs of suicidal behavior in adolescents and teens and shall be taught appropriate intervention and referral techniques.

(c) School guidance counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(d) In this subsection (d):

"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.

(e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management.

(Source: P.A. 95-558, eff. 8-30-07.)

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