SB 152 — SCH CD-FOOD ALLERGY GUIDELINES

*LRB09605775NHT15850b* SB0152 96THEngrossed GENERALLRB096 ASSEMBLY05775 StateNHT of15850 Illinoisb andAN 2010ACT SB0152concerning Introducededucation. 1/30/2009, by Sen.

Susan Garrett SYNOPSIS AS INTRODUCED:

ILCS 5/2-3.148 new Amends the School Code.

Requires the State Board of Education, in conjunction with the Department of Public Health, to develop and make available to each school board guidelines for the management of students with life-threatening food allergies.

Requires each school board to implement a policy based on the guidelines for the management of students with life-threatening food allergies.

Imposes conditions on any rulemaking authority.

LRB096 05775 NHT 15850 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB0152 LRB096 05775 NHT 15850 b AN ACT concerning education.

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 SB0152 Engrossed - 2 - LRB096 05775 NHT 15850 b in art and science projects;

and WHEREAS, In order to ensure the health and safety of all SB0152 Engrossed - 3 - LRB096 05775 NHT 15850 b 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;

The School Code is amended by adding Section SB0152 Engrossed - 4 - LRB096 05775 NHT 15850 b 2-3.148 and changing Section 10-22.39 as follows:

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.

(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 aan cartridgeauto-injector; injector;

SB0152 Engrossed - 5 - LRB096 05775 NHT 15850 b (2) procedures for responding to life-threatening allergic reactions to food;

Rulemaking(b) authorityNot tolater implementthan thisJanuary amendatory1, Act2011, ofeach theschool 96thboard Generalshall Assembly,implement ifa any,policy isbased conditioned on the rulesguidelines beingdeveloped adoptedpursuant into accordancesubsection with(a) allof provisionsthis ofSection for the Illinoismanagement Administrativeof Procedurestudents Actwith andlife-threatening allfood rulesallergies andenrolled proceduresin of the Jointschools Committeeunder onits Administrativejurisdiction. Rules;

anyNothing purportedin rulethis notsubsection so(b) adopted,is forintended whateverto reason,invalidate isschool unauthorized.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.

SB0152(105 -ILCS 55/10-22.39) -(from LRB096Ch. 05775 NHT 15850 b (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.

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.

SB0152 Engrossed - 6 - LRB096 05775 NHT 15850 b (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 SB0152 Engrossed - 7 - LRB096 05775 NHT 15850 b 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.