I 
116TH CONGRESS 
1ST SESSION H. R. 5414 
To amend the Elementary and Secondary Education Act of 1965 to require 
local educational agencies to implement a policy on allergy bullying in 
schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2019 
Mr. CARTWRIGHT (for himself and Mr. KHANNA) introduced the following bill; 
which was referred to the Committee on Education and Labor 
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, and for 
other purposes. 
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. 
Part F of title VIII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amend-
ed by adding at the end the following: 
‘‘Subpart 6—Policies on Allergy Bullying 
‘‘SEC. 8581. REQUIREMENTS. 
‘‘(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; 
‘‘(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-
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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.—In this section, the term ‘allergy 
bullying’ means unwanted, aggressive behavior by a stu-
dent toward another student with an allergy and in-
cludes— 
‘‘(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 
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‘‘(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 by inserting after the item relating to section 
8574, the following: 
‘‘SUBPART 6—POLICIES ON ALLERGY BULLYING 
‘‘Sec. 8581. Requirements.’’. 
Æ 
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