I 

113TH CONGRESS 

1ST SESSION H. R. 3660 

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

local educational agencies to implement a policy on allergy bullying in schools. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2013 

Mr. CARTWRIGHT (for himself, Mrs. NAPOLITANO, Mr. RUIZ, Ms. KAPTUR, 

and Mr. ANDREWS) introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

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. 

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 Subpart 2 of part E of title IX of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 7901 

5 et seq.) is amended— 

6 (1) by redesignating sections 9533 through 

7 9536, as section 9534 through 9537, respectively; 

8 and 

9 (2) by inserting after section 9532, the fol10 lowing new section: 

11 ‘‘SEC. 9533. REQUIREMENTS FOR POLICIES ON ALLERGY 

12 BULLYING. 

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

14 under this Act, a local educational agency shall establish 

15 and implement a policy on allergy bullying in the schools 

16 served by the local educational agency, which, at a min17 imum, requires that each such school— 

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

19 parents about allergy bullying, and that such bul20 lying is against the rules of the school; 

21 ‘‘(2) clearly define what the punishment or re22 sponse may be for a violation of the rule against al23 lergy bullying, which may include a therapeutic re24 sponse, where appropriate; 


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

2 encourage each victim of allergy bullying to report 

3 such bullying to school personnel; and 

4 ‘‘(4) in carrying out the requirements of para5 graphs (1) through (3), is in compliance with the re6 quirements of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1400 et seq.) and the Ameri8 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

9 et seq.). 

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

11 funds under this Act, a local educational agency shall cer12 tify in writing not later than October 1 of each year to 

13 the State educational agency involved that the local edu14 cational agency has established and implemented the pol15 icy described in subsection (a). The State educational 

16 agency shall report to the Secretary not later than Novem17 ber 1 of each year a list of those local educational agencies 

18 that have not filed a certification or against which com19 plaints have been made to the State educational agency 

20 that the local educational agency is not in compliance with 

21 this section. 

22 ‘‘(c) DEFINITION.—The term ‘allergy bullying’ means 

23 unwanted, aggressive behavior by a student toward an24 other student with an allergy and includes— 


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

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

3 strength, access to embarrassing information, or 

4 popularity, to control or harm such other student; 

5 and 

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

7 rumors, physical or verbal attacks, and excluding 

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

9 SEC. 3. TABLE OF CONTENTS. 

10 The table of contents for the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 

12 is amended— 

13 (1) by striking the item relating to section 9533 

14 and inserting the following: 

‘‘Sec. 9533. Requirements for policies on allergy bullying.’’; 

15 (2) by striking the item relating to section 9534 

16 and inserting the following: 

‘‘Sec. 9534. Prohibition on discrimination.’’; 

17 (3) by striking the item relating to section 9535 

18 and inserting the following: 

‘‘Sec. 9535. Civil Rights.’’; 

19 (4) by striking the item relating to section 9536 

20 and inserting the following: 

‘‘Sec. 9536. Rulemaking’’; 

21 and 


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1 (5) by inserting after the item relating to sec2 tion 9536, the following: 

‘‘Sec. 9537. Severability.’’. 

Æ 


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