[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1065 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1065

To amend title IV of the Elementary and Secondary Education Act of 1965 
 to provide grants 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

                             April 23, 2015

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 title IV of the Elementary and Secondary Education Act of 1965 
 to provide grants 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. SHORT TITLE.

    This Act may be cited as the ``School Asthma Management Plan Act''.

SEC. 2. SCHOOL ASTHMA MANAGEMENT PLANS.

    (a) Amendment.--Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

                ``PART D--SCHOOL ASTHMA MANAGEMENT PLANS

``SEC. 4401. SCHOOL ASTHMA MANAGEMENT PLANS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to local educational agencies to enable public 
        elementary schools and secondary schools served by the local 
        educational agencies to--
                    ``(A) develop and implement a school asthma 
                management plan; and
                    ``(B) if the school chooses, purchase drugs and 
                devices for emergency use that are approved or cleared 
                by the Food and Drug Administration, including 
                bronchodilators, spacers, and inhalers, and other 
                supplies determined necessary by the Secretary, for 
                students served by the school, as needed, as well as 
                devices that measure pulmonary function or asthma 
                education tools, or both.
            ``(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 local educational agency 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) Priority.--In awarding grants under this section, the 
Secretary shall give a priority to--
            ``(1) any local educational agency that will use grant 
        funds to assist a public elementary school or secondary school 
        that has a high burden of asthma, as determined by the 
        Secretary; and
            ``(2) if the Secretary elects to award grants described in 
        subsection (a)(2), any department that proposes to carry out 
        the grant activities at a school described in paragraph (1).
    ``(d) Use of Grant Funds.--A local educational agency or department 
that receives a grant under this section shall develop and implement a 
comprehensive school asthma management plan based on national 
guidelines at each school to be served under the grant, and may 
purchase drugs and devices for emergency use that are approved or 
cleared by the Food and Drug Administration, including bronchodilators, 
spacers, and inhalers, and other supplies determined necessary by the 
Secretary, 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, such as 
        education regarding asthma basics, asthma management, trigger 
        management, and comprehensive emergency responses to asthma 
        attacks.
            ``(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.
            ``(9) Successful completion of the Environmental Protection 
        Agency's Indoor Air Quality Tools for Schools Indoor Air 
        Quality Profile.
    ``(e) 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 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;
            ``(3) ensure that a nurse or another individual who is 
        trained to administer emergency asthma care is on staff;
            ``(4) ensure that all student asthma action plans include 
        asthma triggers, both allergens and irritants, for the student; 
        and
            ``(5) ensure that each school served under the grant report 
        asthma emergency events involving students to the State health 
        department by school identifier.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2016 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 4304 the 
following:

                ``PART D--School Asthma Management Plans

``Sec. 4401. School asthma management plans.''.
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