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 imple-
ment a policy on allergy bullying in schools. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alerting Local Leaders 
and Ensuring Responsible Guidelines for Youth Act’’ or 
the ‘‘ALLERGY Act’’. 
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SEC. 2. REQUIREMENT FOR POLICIES ON ALLERGY-RE-
LATED 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.) is amended— 
(1) by redesignating sections 9533 through 
9536, as section 9534 through 9537, respectively; 
and 
(2) by inserting after section 9532, the fol-
lowing new section: 
‘‘SEC. 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 min-
imum, requires that each such school— 
‘‘(1) educate students, school personnel, and 
parents about allergy bullying, and that such bul-
lying is against the rules of the school; 
‘‘(2) clearly define what the punishment or re-
sponse may be for a violation of the rule against al-
lergy bullying, which may include a therapeutic re-
sponse, where appropriate; 
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‘‘(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 para-
graphs (1) through (3), is in compliance with the re-
quirements of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) and the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.). 
‘‘(b) CERTIFICATION.—As a condition of receiving 
funds under this Act, a local educational agency shall cer-
tify in writing not later than October 1 of each year to 
the State educational agency involved that the local edu-
cational agency has established and implemented the pol-
icy described in subsection (a). The State educational 
agency shall report to the Secretary not later than Novem-
ber 1 of each year a list of those local educational agencies 
that have not filed a certification or against which com-
plaints 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’ means 
unwanted, aggressive behavior by a student toward an-
other student with an allergy and includes— 
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‘‘(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.’’. 
SEC. 3. TABLE OF CONTENTS. 
The table of contents for the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
is amended— 
(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 
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(5) by inserting after the item relating to sec-
tion 9536, the following: 
‘‘Sec. 9537. Severability.’’. 
Æ 
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