A BILL TO BE ENTITLED
AN ACT to require the legislative research commission to study implementation of federal food allergy and anaphylaxis management guidelines in public schools.
Whereas, food allergies are a potentially life‑threatening medical condition that afflicts approximately 12 million Americans, or one out of every 25 persons; and
Whereas, the Centers for Disease Control and Prevention reported an average of 317,000 food allergy‑related, ambulatory care visits per year to emergency and outpatient departments and physician's offices involving children under 18 years of age; and
Whereas, in a survey of 400 elementary school nurses, 44% reported an increase in children with food allergies in their schools over the last five years; and
Whereas, peanut allergy alone tripled among children from 1997 to 2008; and
Whereas, all children deserve a safe and healthy learning environment; and
Whereas, there is no cure for food allergies; strict avoidance is the only way to prevent a reaction; and
Whereas, the importance of managing students with food allergies has been recognized by the American Medical Association, the American Academy of Pediatrics, the American Academy of Allergy, Asthma and Immunology, the National Association of School Nurses, the National Association of Elementary School Principals, and the National School Boards Association; and
Whereas, in the past decade, 12 states have published statewide guidance to help schools manage food‑allergic students, with similar guidelines expected to be published soon in three additional states; and
Whereas, there is a lack of consistent training guidelines at both the State and federal level; and
Whereas, a life‑threatening food allergy is a condition recognized as a disability by the United States Department of Agriculture, the United States Department of Transportation, and the United States Department of Education's Office for Civil Rights; and
Whereas, the Food Allergy and Anaphylaxis Management Act (FAAMA) was signed into law on January 4, 2011; and
Whereas, FAAMA requires the United States Secretary of Health and Human Services to develop and make available to schools a voluntary policy to manage the risks of food allergy and anaphylaxis in schools; and
Whereas, FAAMA provides for school‑based food allergy management incentive grants to support implementation of food allergy management guidelines in public schools; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.(a)  The Legislative Research Commission shall study the feasibility of implementing guidelines developed by the United States Secretary of Health and Human Services in consultation with the United States Secretary of Education, pursuant to the Food Allergy and Anaphylaxis Management Act, to manage the risks of food allergy and anaphylaxis in all public elementary schools, public middle schools, and public high schools in this State. The Commission is also authorized to investigate opportunities for local educational agencies to receive grants under FAAMA to assist with implementing federal food allergy and anaphylaxis management guidelines. In completing this study, the Commission shall solicit input from interested parties, including parents of children with life‑threatening food allergies, health care professionals with experience in treating children with life‑threatening food allergies, the State Board of Education, and the Division of Public Health of the North Carolina Department of Health and Human Services.
SECTION 1.(b)  The Legislative Research Commission may make an interim report on its findings and recommendations to the 2011 General Assembly when it reconvenes in 2012 and shall make its final report to the 2013 General Assembly.
SECTION 2.  This act is effective when it becomes law.