(105 ILCS 5/2-3.190)

Sec. 2-3.190. Anaphylactic policy for school districts.

(a) The State Board of Education, in consultation with the Department of Public Health, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with the advisory committee established pursuant to Section 5 of the Critical Health Problems and Comprehensive Health Education Act. In establishing the policy required under this Section, the State Board shall consider existing requirements and current and best practices for schools regarding allergies and anaphylaxis. The State Board must also consider the voluntary guidelines for managing food allergies in schools issued by the United States Department of Health and Human Services.

(b) The anaphylactic policy established under subsection (a) shall include the following:

(1) A procedure and treatment plan, including emergency protocols and responsibilities for school nurses and other appropriate school personnel, for responding to anaphylaxis.

(2) Requirements for a training course for appropriate school personnel on preventing and responding to anaphylaxis.

(3) A procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy that could result in anaphylaxis.

(4) A communication plan for intake and dissemination of information provided by this State regarding children with a food or other allergy that could result in anaphylaxis, including a discussion of methods, treatments, and therapies to reduce the risk of allergic reactions, including anaphylaxis.

(5) Strategies for reducing the risk of exposure to anaphylactic causative agents, including food and other allergens.

(6) A communication plan for discussion with children who have developed adequate verbal communication and comprehension skills and with the parents or guardians of all children about foods that are safe and unsafe and about strategies to avoid exposure to unsafe food.

(c) At least once each calendar year, each school district shall send a notification to the parents or guardians of all children under the care of a school to make them aware of the anaphylactic policy. The notification shall include contact information for parents and guardians to engage further with the school to learn more about individualized aspects of the policy.

(d) At least 6 months after August 20, 2021 (the effective date of Public Act 102-413), the anaphylactic policy established under subsection (a) shall be forwarded by the State Board to the school board of each school district in this State. Each school district shall implement or update, as appropriate, its anaphylactic policy in accordance with those developed by the State Board within 6 months after receiving the anaphylactic policy from the State Board.

(e) The anaphylactic policy established under subsection (a) shall be reviewed and updated, if necessary, at least once every 3 years.

(f) The State Board shall post the anaphylactic policy established under subsection (a) and resources regarding allergies and anaphylaxis on its website.

(g) The State Board may adopt any rules necessary to implement this Section.

(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22.)