I 

116TH CONGRESS 

1ST SESSION H. R. 5414 

To amend the Elementary and Secondary Education Act of 1965 to require 

local educational agencies to implement a policy on allergy bullying in 

schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2019 

Mr. CARTWRIGHT (for himself and Mr. KHANNA) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to require local educational agencies to implement a policy on allergy bullying in schools, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alerting Local Leaders 

5 and Ensuring Responsible Guidelines for Youth Act’’ or 

6 the ‘‘ALLERGY Act’’. 


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1 SEC. 2. REQUIREMENT FOR POLICIES ON ALLERGY-RE2 LATED BULLYING. 

3 Part F of title VIII of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 7901 et seq.) is amend5 ed by adding at the end the following: 

6 ‘‘Subpart 6—Policies on Allergy Bullying 

7 ‘‘SEC. 8581. REQUIREMENTS. 

8 ‘‘(a) IN GENERAL.—As a condition of receiving funds 

9 under this Act, a local educational agency shall establish 

10 and implement a policy on allergy bullying in the schools 

11 served by the local educational agency, which, at a min12 imum, requires that each such school— 

13 ‘‘(1) educate students, school personnel, and 

14 parents about allergy bullying, and that such bul15 lying is against the rules of the school; 

16 ‘‘(2) clearly define what the punishment or re17 sponse may be for a violation of the rule against al18 lergy bullying, which may include a therapeutic re19 sponse, where appropriate; 

20 ‘‘(3) have in effect policies and procedures that 

21 encourage each victim of allergy bullying to report 

22 such bullying to school personnel; and 

23 ‘‘(4) in carrying out the requirements of para24 graphs (1) through (3), is in compliance with the re25 quirements of the Individuals with Disabilities Edu26 cation Act (20 U.S.C. 1400 et seq.) and the AmeriVerDate Sep 11 2014 01:53 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5414.IH H5414

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1 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

2 et seq.). 

3 ‘‘(b) CERTIFICATION.—As a condition of receiving 

4 funds under this Act, a local educational agency shall cer5 tify in writing not later than October 1 of each year to 

6 the State educational agency involved that the local edu7 cational agency has established and implemented the pol8 icy described in subsection (a). The State educational 

9 agency shall report to the Secretary not later than Novem10 ber 1 of each year a list of those local educational agencies 

11 that have not filed a certification or against which com12 plaints have been made to the State educational agency 

13 that the local educational agency is not in compliance with 

14 this section. 

15 ‘‘(c) DEFINITION.—In this section, the term ‘allergy 

16 bullying’ means unwanted, aggressive behavior by a stu17 dent toward another student with an allergy and in18 cludes— 

19 ‘‘(1) a real or perceived imbalance of power due 

20 to such other student’s allergy, such as physical 

21 strength, access to embarrassing information, or 

22 popularity, to control or harm such other student; 

23 and 


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1 ‘‘(2) actions such as making threats, spreading 

2 rumors, physical or verbal attacks, and excluding 

3 such other student from a group on purpose.’’. 

4 SEC. 3. TABLE OF CONTENTS. 

5 The table of contents for the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 

7 is amended by inserting after the item relating to section 

8 8574, the following: 

‘‘SUBPART 6—POLICIES ON ALLERGY BULLYING

‘‘Sec. 8581. Requirements.’’. 

Æ 


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