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.
  


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 

  
HB4524LRB098 17829 OMW 52953 b


  
1    AN ACT concerning education.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The School Code is amended  by changing Section 
52-3.149 as follows:
 
6    (105 ILCS 5/2-3.149)
7    Sec. 2-3.149. Food allergy guidelines.
8    (a) Not later than July 1, 2010, the State Board of 
9Education, in conjunction with the Department of Public Health, 
10shall develop and make available to each school board 
11guidelines for the management of students with 
12life-threatening food allergies. The State Board of Education 
13and the Department of Public Health shall establish an ad hoc 
14committee to develop the guidelines.  The committee shall 
15include experts in the field of food allergens, representatives 
16on behalf of students with food allergies, representatives from 
17the several public school management organizations, which 
18shall include school administrators, principals, and school 
19board members, and representatives from 2 statewide 
20professional teachers' organizations. The guidelines shall 
21include, but need not be limited to, the following:
22        (1) education and training for school personnel who 
23    interact with students with life-threatening food 
 
 
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1    allergies, such as school and school district 
2    administrators, teachers, school advisors and counselors, 
3    school health personnel, and school nurses, on the 
4    management of students with life-threatening food 
5    allergies, including training related to the 
6    administration of medication with an auto-injector;
7        (2) procedures for responding to life-threatening 
8    allergic reactions to food;
9        (3) a process for the implementation of individualized 
10    health care and food allergy action plans for every student 
11    with a life-threatening food allergy; and
12        (4) protocols to prevent exposure to food allergens.
13    (b) Not later than January 1, 2011, each school board shall 
14implement a policy based on the guidelines developed pursuant 
15to subsection (a) of this Section for the management of 
16students with life-threatening food allergies enrolled in the 
17schools under its jurisdiction. Nothing in this subsection (b) 
18is intended to invalidate school district policies that were 
19implemented before the development of guidelines pursuant to 
20subsection (a) of this Section as long as such policies are 
21consistent with the guidelines developed pursuant to 
22subsection (a) of this Section.

23    (c) No later than January 1, 2015, each school board shall 
24require that parents identify and disclose any food allergies 
25of the student. Disclosures required under this subsection (c) 
26shall be distributed to all relevant school personnel. In the 
 
 
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1case of a life-threatening food allergy, the school shall 
2implement an individualized health care and food allergy action 
3plan for the student. 
4(Source: P.A. 96-349, eff. 8-13-09; 96-1000, eff. 7-2-10.)
  
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.