Title: ALLERGY Act
Policy area: Education

Summary:
Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act or the ALLERGY Act
This bill requires a local educational agency, in order to receive federal education funding, to establish and implement a policy on unwanted, aggressive behavior by a student toward another student with an allergy (i.e., allergy bullying).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5414 Introduced in House (IH)]

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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 implement a policy on allergy bullying in 
                    schools, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. REQUIREMENT FOR POLICIES ON ALLERGY-RELATED BULLYING.

    Part F of title VIII of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7901 et seq.) is amended 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 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.) and the Americans 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 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.--In this section, the term `allergy bullying' 
means unwanted, aggressive behavior by a student toward another student 
with an allergy and includes--
            ``(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 Secondary 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.''.
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