II 

111TH CONGRESS 

1ST SESSION S. 2817 

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 SENATE OF THE UNITED STATES 

NOVEMBER 30, 2009 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

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. ASTHMA MANAGEMENT PLANS. 

4 (a) AMENDMENT.—Part D of title V of the Elemen5 tary and Secondary Education Act of 1965 (20 U.S.C. 

6 7241 et seq.) is amended by adding at the end the fol7 lowing: 


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1 ‘‘Subpart 22—Asthma Management Plans 

2 ‘‘SEC. 5621. ASTHMA MANAGEMENT PLANS. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

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

5 to award a grant to a school that receives funding 

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

7 the Secretary determines has a high prevalence of 

8 asthma (using such indicators as emergency depart9 ment visits due to asthma or asthma hospitalization 

10 rates), to enable the school to— 

11 ‘‘(A) develop and implement an asthma 

12 management plan; and 

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

14 or both, and appropriate supplies determined 

15 necessary by the Secretary, for students, so 

16 that every student served by the school who suf17 fers from asthma has access to the relief and 

18 treatment the student needs during the school 

19 day. 

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

21 may award a grant under this section to a local 

22 health or education department to carry out the ac23 tivities described in this section if the Secretary de24 termines that in such local area such department is 

25 the entity that would routinely carry out such activi26 ties. 


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1 ‘‘(b) APPLICATION.—A school or department that de2 sires to receive a grant under this section shall submit an 

3 application at such time, in such manner, and accom4 panied by such information as the Secretary may require. 

5 ‘‘(c) USE OF GRANT FUNDS.—A school or depart6 ment that receives a grant under this section shall develop 

7 and implement a comprehensive school asthma manage8 ment plan, and may purchase asthma inhalers or spacers, 

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

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

11 measure pulmonary function or asthma education tools, 

12 or both. Such management plan shall include the fol13 lowing: 

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

15 diagnosis of asthma. 

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

17 with a diagnosis of asthma. 

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

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

20 administer medication, for all students served by the 

21 school or department who have asthma, based on the 

22 student’s prescription and individual needs. 

23 ‘‘(5) Asthma medication and emergency policies 

24 that are specific to the school. 


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

2 management of acute symptoms of asthma and on3 going management of asthma. 

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

5 of asthma care with the family, the primary care 

6 provider, and others as necessary. 

7 ‘‘(8) A method to monitor the quality and out8 comes of the care provided to each student served by 

9 the school or department who has asthma, including 

10 how often treatment is needed and what treatment 

11 students get. 

12 ‘‘(d) GRANT RECIPIENT ACTIONS.—A school or de13 partment that receives a grant under this section shall— 

14 ‘‘(1) utilize existing systems, when possible, in15 cluding the use of forms developed in accordance 

16 with section 504 forms of the Rehabilitation Act of 

17 1973 (20 U.S.C. 794); 

18 ‘‘(2) find innovative ways— 

19 ‘‘(A) to encourage bidirectional commu20 nication between schools and students’ physi21 cians in a rapid manner; and 

22 ‘‘(B) to encourage adherence to asthma 

23 treatment by students; and 


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

2 who is trained to administer emergency asthma care 

3 is on staff. 

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

5 are authorized to be appropriated to carry out this section 

6 $100,000,000 for fiscal year 2010 and each of the 4 suc7 ceeding fiscal years.’’. 

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

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

10 item relating to section 5618 the following: 

‘‘SUBPART 22—ASTHMA MANAGEMENT PLANS

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

Æ 


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