Education Law Insights

President Expected to Sign Epi-Pen School Food Allergies Bill

Posted by Brian Crowley on November 14, 2013

As reported by the Washington Post, President Obama is expected to sign a bill into law encouraging states to require schools to take greater efforts to protect students with food allergies. The bipartisan bill was proposed by Illinois Senators Dick Durbin (D-IL) and Mark Kirk (R-IL) following the deaths of two girls in Illinois and Virginia from severe food allergies.

The bill comes at a time of heightened focus by the media and the government on the issue of childhood allergies. A recent New York Times Sunday Reviewarticle, for instance, delved into the connection between food allergies and the decline of agrarian culture. And the Centers for Disease Control and Prevention recently issued voluntary guidelines for schools regarding managing food allergies in educational programs (more information from the CDC can be found here).

The bill also is in addition to numerous State law requirements for schools regarding allergies. In 2011, for instance, Illinois school districts were first required to implement a food allergy management policy under Illinois law. As one source reports, the Illinois law “allows schools to maintain a supply of epinephrine on site and for school nurses to administer epinephrine to any student suffering from a severe allergic reaction.” The guidelines required under the Illinois law must comport with Illinois State Board of Education and Illinois Department of Public Health guidelines on food allergies that were published in 2010. In all, twenty-seven states reportedly have  laws allowing schools to administer epinephrine to students without a prescription.

The bill would expand on state law by offering a financial incentive to states that require schools to do all of the following:

  1. Allow a wider array of trained school personnel to administer epinephrine to students reasonably believed to be having an anaphylactic reaction;
  2. Maintain a supply of epinephrine in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to be having an anaphylactic reaction; and
  3. Have in place a plan for having on the premises of the school during all operating hours one or more individuals who are trained personnel to administer epinephrine.

Notably, although many students with severe food allergies bring their own epinephrine injectors to school, the bill reportedly nonetheless would help numerous children who do not know they have life threatening allergies. Approximately a quarter of recent administrations of epinephrine in the school setting involved students who were not previously aware of their allergies and so would not have had a personal supply of epinephrine.

If the bill is signed into law, additional state action will be required for the mandates of the bill to reach school districts. Even if a state implements the mandates of the bill, moreover, other issues relating to food allergies in schools – such as specifics of education and training, implementation of individualized health care and food allergy action plans, procedures for responding to life-threatening reactions to food, and protocols to avoid exposure to food allergens – are not covered by the bill and so will remain subject to state law or, where there is none, school district discretion.

Department of Education Office for Civil Rights Issues Guidance on Pregnant and Parenting Students

Posted by Brian Crowley on July 3, 2013

As reported by Franczek Radelet attorney Scott Warner and FR LEADS Fellow Kent Sparks (a law student at the Michigan State University College of Law) in a recent  FR Alert, the U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague Letter last week for secondary schools about how Title IX relates to pregnant and parenting students. OCR reminded schools that Title IX protects pregnant and parenting students from sex discrimination. In an accompanying pamphlet, OCR outlined the various requirements that public schools must respect with respect to pregnant and parenting students. For more information on the DCL, you can access the FR Alert here.