Sec. 10-212c. Life-threatening food allergies and glycogen storage disease: Guidelines; district plans.

(a)(1) Not later than July 1, 2012, the Department of Education, in conjunction with the Department of Public Health, shall develop guidelines for the management of students with life-threatening food allergies and glycogen storage disease. The Department of Education shall make the guidelines available to each local and regional board of education. The guidelines shall include, but need not be limited to: (A) Education and training for school personnel on the management of students with life-threatening food allergies and glycogen storage disease, including training related to the administration of medication with a cartridge injector pursuant to subsection (d) of section 10-212a, and the provision of food or dietary supplements, (B) procedures for responding to life-threatening allergic reactions to food, (C) a process for the development of individualized health care and food allergy action plans for every student with a life-threatening food allergy, (D) a process for the development of individualized health care and glycogen storage disease action plans for every student with glycogen storage disease and such plan shall include, but not be limited to, the provision of food or dietary supplements by the school nurse, or any school employee approved by the school nurse, to a student with glycogen storage disease provided such plan shall not prohibit a parent or guardian, or a person designated by such parent or guardian, to provide food or dietary supplements to a student with glycogen storage disease on school grounds during the school day, and (E) protocols to prevent exposure to food allergens.

(2) Not later than January 1, 2020, in addition to the requirements in subdivision (1) of this subsection, the Department of Education, in consultation with the Department of Public Health, shall revise such guidelines to include (A) training for the identification and evaluation of students with life-threatening food allergies or glycogen storage disease, and (B) protocols that comply with the protections and accommodations under Section 504 of the Rehabilitation Act of 1973, as amended from time to time, the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, and the Americans with Disabilities Act, 42 USC 12101 et seq.

(3) Not later than January 1, 2020, and biennially thereafter, the Department of Education, in consultation with the Department of Public Health, shall review and update as the Commissioner of Education deems necessary, the guidelines for the management of students with life-threatening food allergies and glycogen storage disease. The department shall make any such updated guidelines available to each local and regional board of education.

(b) Not later than August 15, 2012, each local and regional board of education shall: (1) Implement a plan based on the guidelines developed pursuant to subsection (a) of this section for the management of students with life-threatening food allergies and glycogen storage disease enrolled in the schools under its jurisdiction; (2) make such plan available on such board's Internet web site or the Internet web site of each school under such board's jurisdiction, or if such Internet web site does not exist, make such plan publicly available through other practicable means as determined by such board; and (3) provide notice of such plan in conjunction with the annual written statement provided to parents and guardians as required by subsection (b) of section 10-231c. The superintendent of schools for each school district shall annually attest to the Department of Education that such school district is implementing such plan in accordance with the provisions of this section.

(P.A. 05-104, S. 1; P.A. 09-155, S. 2; P.A. 12-198, S. 6; P.A. 18-185, S. 1.)

History: P.A. 05-104 effective June 7, 2005; P.A. 09-155 amended Subsec. (b) by redesignating existing plan provisions as Subdiv. (1), adding Subdiv. (2) re availability of plan through web sites and other practicable means and adding Subdiv. (3) re notice of plan and attestation by superintendent of schools that plan is being implemented, effective August 15, 2009; P.A. 12-198 amended Subsec. (a) by replacing “January 1, 2006” with “July 1, 2012”, adding references to glycogen storage disease, adding “and the provision of food or dietary supplements” in Subdiv. (1), adding new Subdiv. (4) re individualized health care and glycogen storage disease action plans and redesignating existing Subdiv. (4) as Subdiv. (5) and amended Subsec. (b) by replacing “July 1, 2006” with “August 15, 2012” and adding reference to glycogen storage disease, effective June 15, 2012; P.A. 18-185 amended Subsec. (a) by designating existing provisions re developing guidelines as new Subdiv. (1) and amending same to redesignate existing Subdivs. (1) to (5) as Subparas. (A) to (E) and make a conforming change, adding new Subdiv. (2) re department to revise guidelines not later than January 1, 2020, and adding new Subdiv. (3) re department to review and update guidelines for management of students with life-threatening food allergies and glycogen storage disease, and amended Subsec. (b) to make technical changes, effective July 1, 2018.