[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2817 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2817

 To amend part D of title V of the Elementary and Secondary Education 
Act of 1965 to provide grants to schools for the development of asthma 
 management plans and the purchase of asthma inhalers and spacers for 
                      emergency use, as necessary.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2009

Mrs. Gillibrand introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part D of title V of the Elementary and Secondary Education 
Act of 1965 to provide grants to schools for the development of asthma 
 management plans and the purchase of asthma inhalers and spacers for 
                      emergency use, as necessary.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASTHMA MANAGEMENT PLANS.

    (a) Amendment.--Part D of title V of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at 
the end the following:

                 ``Subpart 22--Asthma Management Plans

``SEC. 5621. ASTHMA MANAGEMENT PLANS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award a 
        grant to a school that receives funding under part A of title I 
        and is located in an area that the Secretary determines has a 
        high prevalence of asthma (using such indicators as emergency 
        department visits due to asthma or asthma hospitalization 
        rates), to enable the school to--
                    ``(A) develop and implement an asthma management 
                plan; and
                    ``(B) purchase asthma inhalers or spacers, or both, 
                and appropriate supplies determined necessary by the 
                Secretary, for students, so that every student served 
                by the school who suffers from asthma has access to the 
                relief and treatment the student needs during the 
                school day.
            ``(2) Alternative grantees.--The Secretary may award a 
        grant under this section to a local health or education 
        department to carry out the activities described in this 
        section if the Secretary determines that in such local area 
        such department is the entity that would routinely carry out 
        such activities.
    ``(b) Application.--A school or department that desires to receive 
a grant under this section shall submit an application at such time, in 
such manner, and accompanied by such information as the Secretary may 
require.
    ``(c) Use of Grant Funds.--A school or department that receives a 
grant under this section shall develop and implement a comprehensive 
school asthma management plan, and may purchase asthma inhalers or 
spacers, or both, for emergency use, for students served by the school 
or department, as needed, as well as devices that measure pulmonary 
function or asthma education tools, or both. Such management plan shall 
include the following:
            ``(1) A method to identify all students with a diagnosis of 
        asthma.
            ``(2) An asthma action plan for each student with a 
        diagnosis of asthma.
            ``(3) Asthma education for all school staff.
            ``(4) Access to medication and to methods to administer 
        medication, for all students served by the school or department 
        who have asthma, based on the student's prescription and 
        individual needs.
            ``(5) Asthma medication and emergency policies that are 
        specific to the school.
            ``(6) Protocols and training to support clinical management 
        of acute symptoms of asthma and ongoing management of asthma.
            ``(7) A system to support ongoing coordination of asthma 
        care with the family, the primary care provider, and others as 
        necessary.
            ``(8) A method to monitor the quality and outcomes of the 
        care provided to each student served by the school or 
        department who has asthma, including how often treatment is 
        needed and what treatment students get.
    ``(d) Grant Recipient Actions.--A school or department that 
receives a grant under this section shall--
            ``(1) utilize existing systems, when possible, including 
        the use of forms developed in accordance with section 504 forms 
        of the Rehabilitation Act of 1973 (20 U.S.C. 794);
            ``(2) find innovative ways--
                    ``(A) to encourage bidirectional communication 
                between schools and students' physicians in a rapid 
                manner; and
                    ``(B) to encourage adherence to asthma treatment by 
                students; and
            ``(3) ensure that a nurse or another individual who is 
        trained to administer emergency asthma care is on staff.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2010 and each of the 4 succeeding fiscal years.''.
    (b) Table of Contents.--The table of contents in section 2 of such 
Act is amended by inserting after the item relating to section 5618 the 
following:

                 ``subpart 22--asthma management plans

``Sec. 5621. Asthma management plans.''.
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