I 

111TH CONGRESS 

2D SESSION H. R. 4836 

To amend part D of title V of the Elementary and Secondary Education 

Act of 1965 to provide grants to schools for the development of asthma 

management plans and the purchase of asthma inhalers and spacers 

for emergency use, as necessary. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2010 

Ms. SHEA-PORTER introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend part D of title V of the Elementary and Secondary 

Education Act of 1965 to provide grants to schools for 

the development of asthma management plans and the 

purchase of asthma inhalers and spacers for emergency 

use, as necessary. 

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 ‘‘Asthma Management 

5 Plans in School Act’’. 


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1 SEC. 2. ASTHMA MANAGEMENT PLANS. 

2 (a) AMENDMENT.—Part D of title V of the Elemen3 tary and Secondary Education Act of 1965 (20 U.S.C. 

4 7241 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘Subpart 22—Asthma Management Plans 

7 ‘‘SEC. 5621. ASTHMA MANAGEMENT PLANS. 

8 ‘‘(a) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary is authorized 

10 to award a grant to a school that receives funding 

11 under part A of title I and is located in an area that 

12 the Secretary determines has a high prevalence of 

13 asthma (using such indicators as emergency depart14 ment visits due to asthma or asthma hospitalization 

15 rates), to enable the school to— 

16 ‘‘(A) develop and implement an asthma 

17 management plan; and 

18 ‘‘(B) purchase asthma inhalers or spacers, 

19 or both, and appropriate supplies determined 

20 necessary by the Secretary, for students, so 

21 that every student served by the school who suf22 fers from asthma has access to the relief and 

23 treatment the student needs during the school 

24 day. 

25 ‘‘(2) ALTERNATIVE GRANTEES.—The Secretary 

26 may award a grant under this section to a local 


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1 health or education department to carry out the ac2 tivities described in this section if the Secretary de3 termines that in such local area such department is 

4 the entity that would routinely carry out such activi5 ties. 

6 ‘‘(b) APPLICATION.—A school or department that de7 sires to receive a grant under this section shall submit an 

8 application at such time, in such manner, and accom9 panied by such information as the Secretary may require. 

10 ‘‘(c) USE OF GRANT FUNDS.—A school or depart11 ment that receives a grant under this section shall develop 

12 and implement a comprehensive school asthma manage13 ment plan, and may purchase asthma inhalers or spacers, 

14 or both, for emergency use, for students served by the 

15 school or department, as needed, as well as devices that 

16 measure pulmonary function or asthma education tools, 

17 or both. Such management plan shall include the fol18 lowing: 

19 ‘‘(1) A method to identify all students with a 

20 diagnosis of asthma. 

21 ‘‘(2) An asthma action plan for each student 

22 with a diagnosis of asthma. 

23 ‘‘(3) Asthma education for all school staff. 

24 ‘‘(4) Access to medication and to methods to 

25 administer medication, for all students served by the 


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1 school or department who have asthma, based on the 

2 student’s prescription and individual needs. 

3 ‘‘(5) Asthma medication and emergency policies 

4 that are specific to the school. 

5 ‘‘(6) Protocols and training to support clinical 

6 management of acute symptoms of asthma and on7 going management of asthma. 

8 ‘‘(7) A system to support ongoing coordination 

9 of asthma care with the family, the primary care 

10 provider, and others as necessary. 

11 ‘‘(8) A method to monitor the quality and out12 comes of the care provided to each student served by 

13 the school or department who has asthma, including 

14 how often treatment is needed and what treatment 

15 students get. 

16 ‘‘(d) GRANT RECIPIENT ACTIONS.—A school or de17 partment that receives a grant under this section shall— 

18 ‘‘(1) utilize existing systems, when possible, in19 cluding the use of forms developed in accordance 

20 with section 504 forms of the Rehabilitation Act of 

21 1973 (20 U.S.C. 794); 

22 ‘‘(2) find innovative ways— 

23 ‘‘(A) to encourage bidirectional commu24 nication between schools and students’ physi25 cians in a rapid manner; and 


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1 ‘‘(B) to encourage adherence to asthma 

2 treatment by students; and 

3 ‘‘(3) ensure that a nurse or another individual 

4 who is trained to administer emergency asthma care 

5 is on staff. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $100,000,000 for fiscal year 2010 and each of the 4 suc9 ceeding fiscal years.’’. 

10 (b) TABLE OF CONTENTS.—The table of contents in 

11 section 2 of such Act is amended by inserting after the 

12 item relating to section 5618 the following: 

‘‘SUBPART 22—ASTHMA MANAGEMENT PLANS

‘‘Sec. 5621. Asthma management plans.’’. 

Æ 


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