ALLERGY Act

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. Short title This Act may be cited as the Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act ALLERGY Act 2. Requirement for policies on allergy-related bullying Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. (1) by redesignating sections 9533 through 9536, as section 9534 through 9537, respectively; and (2) by inserting after section 9532, the following new section: 9533. Requirements for policies on allergy bullying (a) In general As a condition of receiving funds under this Act, a local educational agency shall establish and implement a policy on allergy bullying in the schools served by the local educational agency, which, at a minimum, requires that each such school— (1) educate students, school personnel, and parents about allergy bullying, and that such bullying is against the rules of the school; (2) clearly define what the punishment or response may be for a violation of the rule against allergy bullying, which may include a therapeutic response, where appropriate; (3) have in effect policies and procedures that encourage each victim of allergy bullying to report such bullying to school personnel; and (4) in carrying out the requirements of paragraphs (1) through (3), is in compliance with the requirements of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 42 U.S.C. 12101 et seq. (b) Certification As a condition of receiving funds under this Act, a local educational agency shall certify in writing not later than October 1 of each year to the State educational agency involved that the local educational agency has established and implemented the policy described in subsection (a). The State educational agency shall report to the Secretary not later than November 1 of each year a list of those local educational agencies that have not filed a certification or against which complaints have been made to the State educational agency that the local educational agency is not in compliance with this section. (c) Definition The term allergy bullying (1) a real or perceived imbalance of power due to such other student’s allergy, such as physical strength, access to embarrassing information, or popularity, to control or harm such other student; and (2) actions such as making threats, spreading rumors, physical or verbal attacks, and excluding such other student from a group on purpose. . 3. Table of contents The table of contents for the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by striking the item relating to section 9533 and inserting the following: Sec. 9533. Requirements for policies on allergy bullying. ; (2) by striking the item relating to section 9534 and inserting the following: Sec. 9534. Prohibition on discrimination. ; (3) by striking the item relating to section 9535 and inserting the following: Sec. 9535. Civil Rights. ; (4) by striking the item relating to section 9536 and inserting the following: Sec. 9536. Rulemaking ; and (5) by inserting after the item relating to section 9536, the following: Sec. 9537. Severability. .

Summary: Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act or the ALLERGY Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each local educational agency's (LEA's) receipt of funds under the ESEA on the LEA establishing and implementing a policy on allergy bullying that requires its schools to: educate students, school personnel, and parents about allergy bullying and about such bullying being against school rules; clearly define what the punishment or response may be for violating the rule against allergy bullying, which may include a therapeutic response, where appropriate; encourage each victim of allergy bullying to report such bullying to school personnel; and remain in compliance with the requirements of the Individuals with Disabilities Education Act and the Americans with Disabilities Act of 1990 in carrying out these requirements. Requires the LEAs to submit an annual written certification to their state that they have established and implemented such policy. Defines "allergy bullying" as unwanted, aggressive behavior by a student toward another student with an allergy, including: (1) a real or perceived imbalance of power due to such other student's allergy; and (2) actions such as making threats, spreading rumors, making physical or verbal attacks, and excluding such other student from a group on purpose.