[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3178 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3178

To amend the Elementary and Secondary Education Act of 1965 to prohibit 
interference by certain grant recipients with a student's treatment of 
                          his or her diabetes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2003

 Mr. Hinojosa (for himself, Mr. Conyers, Mrs. Christensen, Ms. Jackson-
Lee of Texas, Mr. Bell, Mr. Platts, Mr. Reyes, Mr. Lantos, Mr. Davis of 
Illinois, Mr. Green of Texas, Mr. Kildee, Mr. Gordon, Mr. McNulty, Mr. 
  McGovern, Ms. Corrine Brown of Florida, Mr. Owens, Mr. Wexler, Mr. 
 Serrano, Mr. Towns, Mr. Baca, Mr. Becerra, Mr. Cardoza, Mr. Gonzalez, 
Mr. Grijalva, Mr. Gutierrez, Mr. Menendez, Mrs. Napolitano, Mr. Pastor, 
   Mr. Ortiz, Mr. Rodriguez, Ms. Linda T. Sanchez of California, Ms. 
     Loretta Sanchez of California, Ms. Solis, Ms. Velazquez, Mr. 
Abercrombie, Ms. Roybal-Allard, Mr. Etheridge, Mr. Clay, Mr. Ballance, 
Ms. Slaughter, Ms. DeGette, Mr. McDermott, Mr. Payne, Mr. Sanders, Mr. 
   Fossella, Ms. Waters, Ms. Eddie Bernice Johnson of Texas, and Mr. 
 Nethercutt) 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 prohibit 
interference by certain grant recipients with a student's treatment of 
                          his or her diabetes.

    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 ``Health and Education Access for 
Students with Diabetes Act''.

SEC. 2. PROHIBITION AGAINST INTERFERENCE WITH STUDENT TREATMENT OF 
              DIABETES.

    Subpart 4 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7161 et seq.) is amended by adding at 
the end the following:

``SEC. 4156. PROHIBITION AGAINST INTERFERENCE WITH STUDENT TREATMENT OF 
              DIABETES.

    ``(a) Prohibition.--A State or public or private entity may not 
receive any funds under this part unless the State or entity has in 
effect a policy against hindering or restricting any student from 
engaging in treatment of the student's diabetes, if the treatment has 
been prescribed or recommended by a physician.
    ``(b) Definitions.-- For purposes of this section:
            ``(1) The term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(2) The term `treatment' includes the use of any 
        prescription or over-the-counter drug, device, or biological 
        product (including insulin pumps, glucagon injections, insulin 
        syringes, insulin pens, blood glucose monitors, and blood 
        glucose monitoring supplies), designed for use in managing 
        diabetes and approved under section 505 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the 
        Public Health Service Act (42 U.S.C. 262), as applicable.''.
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