21 U.S. Code § 2205 - Food allergy and anaphylaxis management
In this section:
(1) Early childhood education program
The term “early childhood education program” means—
(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
(2) ESEA definitions
The term “school” includes public—
(b) Establishment of voluntary food allergy and anaphylaxis management guidelines
(A) In general
Not later than 1 year after January 4, 2011, the Secretary, in consultation with the Secretary of Education, shall—
(i) develop guidelines to be used on a voluntary basis to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; and
The voluntary guidelines developed by the Secretary under paragraph (1) shall address each of the following and may be updated as the Secretary determines necessary:
(A) Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with—
(i) documentation from their child’s physician or nurse—
(B) The creation and maintenance of an individual plan for food allergy management, in consultation with the parent, tailored to the needs of each child with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such children in instances where—
(C) Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response.
(D) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas such as cafeterias.
(E) The dissemination of general information on life-threatening food allergies to school or early childhood education program staff, parents, and children.
(F) Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies.
(G) The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available.
(H) The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available.
(I) The creation of a plan contained in each individual plan for food allergy management that addresses the appropriate response to an incident of anaphylaxis of a child while such child is engaged in extracurricular programs of a school or early childhood education program, such as non-academic outings and field trips, before- and after-school programs or before- and after-early child education program programs,  and school-sponsored or early childhood education program-sponsored programs held on weekends.
(J) Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents.
(c) School-based food allergy management grants
(1) In general
The Secretary may award grants to local educational agencies to assist such agencies with implementing voluntary food allergy and anaphylaxis management guidelines described in subsection (b).
(A) In general
To be eligible to receive a grant under this subsection, a local educational agency shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require.
Each application submitted under subparagraph (A) shall include—
(i) an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in subsection (b);
(ii) a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including—
(I) how the guidelines will be carried out at individual schools served by the local educational agency;
(III) how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the guidelines in place; and
(iv) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and
(3) Use of funds
Each local educational agency that receives a grant under this subsection may use the grant funds for the following:
(A) Purchase of materials and supplies, including limited medical supplies such as epinephrine and disposable wet wipes, to support carrying out the food allergy and anaphylaxis management guidelines described in subsection (b).
(B) In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management.
(C) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock.
(4) Duration of awards
The Secretary may award grants under this subsection for a period of not more than 2 years. In the event the Secretary conducts a program evaluation under this subsection, funding in the second year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year.
(5) Limitation on grant funding
The Secretary may not provide grant funding to a local educational agency under this subsection after such local educational agency has received 2 years of grant funding under this subsection.
(6) Maximum amount of annual awards
A grant awarded under this subsection may not be made in an amount that is more than $50,000 annually.
(8) Matching funds
(A) In general
The Secretary may not award a grant under this subsection unless the local educational agency agrees that, with respect to the costs to be incurred by such local educational agency in carrying out the grant activities, the local educational agency shall make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount equal to not less than 25 percent of the amount of the grant.
(B) Determination of amount of non-Federal contribution
Non-Federal funds required under subparagraph (A) may be cash or in kind, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal funds.
(9) Administrative funds
A local educational agency that receives a grant under this subsection may use not more than 2 percent of the grant amount for administrative costs related to carrying out this subsection.
(10) Progress and evaluations
At the completion of the grant period referred to in paragraph (4), a local educational agency shall provide the Secretary with information on how grant funds were spent and the status of implementation of the food allergy and anaphylaxis management guidelines described in subsection (b).
(11) Supplement, not supplant
Grant funds received under this subsection shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this subsection.
(d) Voluntary nature of guidelines
(1) In general
The food allergy and anaphylaxis management guidelines developed by the Secretary under subsection (b) are voluntary. Nothing in this section or the guidelines developed by the Secretary under subsection (b) shall be construed to require a local educational agency to implement such guidelines.
 So in original.
Source(Pub. L. 111–353, title I, § 112,Jan. 4, 2011, 124 Stat. 3916.)
References in Text
The Head Start Act, referred to in subsec. (a)(1)(A), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
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