1
So in original. Two pars. (2) have been enacted.
References in Text
The Social Security Act, referred to in subsecs. (a)(1), (2)(B) and (b)(1), (2)(A), is [act Aug. 14, 1935, ch. 531], [49 Stat. 620]. Parts B and E of title IV of the Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of this title. Titles V, XIX, and XXI of the Act are classified generally to subchapters V (§ 701 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
The Head Start Act, referred to in subsec. (b)(2)(B), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of [Pub. L. 97–35], Aug. 13, 1981, [95 Stat. 499], which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables.
Amendments
2021—Subsec. (d)(1)(F). [Pub. L. 116–292, § 2(1)(B)], inserted “or school comprehensive allergies and asthma management program” after “epinephrine” in heading; designated introductory provisions as cl. (i), inserted heading, and substituted “in the State satisfy the criteria described in clause (ii) or clause (iii).” for “in the State—”; inserted cl. (ii) heading and introductory provisions; redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (ii); added cl. (iii); and realigned margins.
Subsec. (d)(3)(E). [Pub. L. 116–292, § 2(2)(A)], inserted “, such as the school nurse” after “individual” in introductory provisions.
Subsec. (d)(3)(E)(i). [Pub. L. 116–292, § 2(2)(B)], inserted “school nurse or” before “principal”.
2015—Subsec. (d)(3)(A). [Pub. L. 114–95] made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2013—Subsec. (d)(1)(F), (G). [Pub. L. 113–48, § 2(1)], added subpars. (F) and (G).
Subsec. (d)(3)(E). [Pub. L. 113–48, § 2(2)], added subpar. (E).
2004—Subsecs. (d), (e). [Pub. L. 108–377] added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by [Pub. L. 114–95] effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see [section 5 of Pub. L. 114–95], set out as a note under section 6301 of Title 20, Education.
Effective Date of 2004 Amendment
[Pub. L. 108–377, § 3(b)], Oct. 30, 2004, [118 Stat. 2204], provided that: “The amendments made by this section [amending this section] shall apply only with respect to grants made on or after the date that is 9 months after the date of the enactment of this Act [Oct. 30, 2004].”
Findings of 2004 Amendment
[Pub. L. 108–377, § 2], Oct. 30, 2004, [118 Stat. 2202], provided that: “The Congress finds the following:“(1)
Asthma is a chronic condition requiring lifetime, ongoing medical intervention.
“(2)
In 1980, 6,700,000 Americans had asthma.
“(3)
In 2001, 20,300,000 Americans had asthma; 6,300,000 children under age 18 had asthma.
“(4)
The prevalence of asthma among African-American children was 40 percent greater than among Caucasian children, and more than 26 percent of all asthma deaths are in the African-American population.
“(5)
In 2000, there were 1,800,000 asthma-related visits to emergency departments (more than 728,000 of these involved children under 18 years of age).
“(6)
In 2000, there were 465,000 asthma-related hospitalizations (214,000 of these involved children under 18 years of age).
“(7)
In 2000, 4,487 people died from asthma, and of these 223 were children.
“(8)
According to the Centers for Disease Control and Prevention, asthma is a common cause of missed school days, accounting for approximately 14,000,000 missed school days annually.
“(9)
According to the New England Journal of Medicine, working parents of children with asthma lose an estimated $1,000,000,000 a year in productivity.
“(10)
At least 30 States have legislation protecting the rights of children to carry and self-administer asthma metered-dose inhalers, and at least 18 States expand this protection to epinephrine auto-injectors.
“(11)
Tragic refusals of schools to permit students to carry their inhalers and auto-injectable epinephrine have occurred, some resulting in death and spawning litigation.
“(12)
School district medication policies must be developed with the safety of all students in mind. The immediate and correct use of asthma inhalers and auto-injectable epinephrine are necessary to avoid serious respiratory complications and improve health care outcomes.
“(13)
No school should interfere with the patient-physician relationship.
“(14)
Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. Anaphylaxis occurs in some asthma patients. According to the American Academy of Allergy, Asthma, and Immunology, people who have experienced symptoms of anaphylaxis previously are at risk for subsequent reactions and should carry an epinephrine auto-injector with them at all times, if prescribed.
“(15)
An increasing number of students and school staff have life-threatening allergies. Exposure to the affecting allergen can trigger anaphylaxis. Anaphylaxis requires prompt medical intervention with an injection of epinephrine.”