Breath of Fresh Air Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase nebulizers for use in their schools, and/or (2) train school personnel to use nebulizers.
Requires LEA grant applicants to demonstrate that for each of their schools that are to use the nebulizers: (1) a full-time certified nurse is on staff; (2) trained personnel and other resources necessary for nebulizer use are in place; (3) emergency services personnel are notified of nebulizer locations; (4) nebulizers are integrated into the school's emergency response procedures; and (5) procedures are in place to notify parents of the availability of nebulizers, and inform them how to provide the school with their child's prescription asthma medication and authorization to use a nebulizer to assist their child.
Gives grant priority to LEAs that: (1) serve areas where the prevalence of asthma is at least 10% higher than the national average; (2) do not already have at least one nebulizer in each of their schools; (3) serve schools that typically have a significant number of students, staff, and visitors present during the day; and (4) have not received funds under the Rural Access to Emergency Devices Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6284 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6284
To establish a grant program for nebulizers in elementary and secondary
schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Ms. Richardson (for herself and Ms. Norton) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish a grant program for nebulizers in elementary and secondary
schools.
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 ``Breath of Fresh Air Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) 25,000,000 people, including 7,000,000 children, have
asthma.
(2) Almost 13,000,000 people report having an asthma attack
in the past year and asthma accounts for nearly 2,000,000
emergency department visits each year.
(3) Every day in the United States--
(A) 30,000 people have an asthma attack; and
(B) 11 people die from asthma.
(4) Nearly 5,000,000 asthma sufferers are under 18 years of
age, and 1 out of every 10 school-aged children has asthma.
(5) Minorities are adversely affected by asthma, as--
(A) African-Americans are 3 times more likely to
die from asthma; and
(B) Hispanics may have an elevated risk for
exposure to air pollution since a disproportionate
number live in areas failing to meet one or more
national standards for air pollutants. (It is estimated
that 80 percent of Hispanics live in areas that failed
to meet one United States Environmental Protection
Agency air quality standard, compared to 65 percent of
African-Americans and 57 percent of Whites.)
SEC. 3. GRANT PROGRAM FOR NEBULIZERS.
(a) Program Required.--The Secretary of Education shall carry out a
program under which the Secretary makes grants to local educational
agencies, to be used by the local educational agencies for one or both
of the following:
(1) To purchase nebulizers for use in elementary and
secondary schools served by the local educational agency.
(2) To provide training to enable elementary and secondary
schools served by the local educational agency to meet the
requirements of subsection (d)(1), but only if nebulizers are
already in use at such schools or are acquired through this
program.
(b) Eligibility.--
(1) Local educational agencies.--To be eligible to receive
a grant under this section, a local educational agency shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
(2) Elementary and secondary schools.--To be eligible to
receive a nebulizer through a grant under this section, a
school may be any public or private school served by the local
educational agency, except that an Internet- or computer-based
community school is not eligible.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this section, the local educational agency must provide
matching funds from non-Federal sources equal to not less than
25 percent of the amount of the grant.
(2) Waiver.--The Secretary shall waive the requirement of
paragraph (1) for a local educational agency if the number of
children counted under section 1124(c)(1)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A))
is 20 percent or more of the total number of children aged 5 to
17, inclusive, served by the local educational agency.
(d) Training and Coordination Required.--A local educational agency
that receives a grant under this section shall demonstrate that, for
each elementary and secondary school at which the nebulizers are to be
used--
(1) there is a full-time certified school nurse on staff;
(2) the school has the trained personnel and other
resources necessary to use the nebulizers;
(3) local paramedics and other emergency services personnel
are notified where on school grounds the nebulizers are to be
located;
(4) the nebulizer will be integrated into the school's
emergency response plan or procedures; and
(5) the school has procedures in place to ensure that
parents are notified of the availability of the nebulizers, how
to provide their child's prescription asthma medication to the
school, and how to authorize use of a nebulizer to assist their
child when medically appropriate.
(e) Priority.--In making grants under this section, the Secretary
shall give priority to local educational agencies--
(1) having jurisdiction over a geographic area with respect
to which the Director of the Centers for Disease Control and
Prevention has determined that the prevalence of asthma is at
least 10 percent higher than the national average;
(2) that do not already have at least one nebulizer in each
school served by the local educational agency;
(3) serve schools at which a significant number of
students, staff, and visitors are present on school grounds
during a typical day; and
(4) that have not received funds under the Rural Access to
Emergency Devices Act (42 U.S.C. 254c note).
(f) ESEA Definitions.--The terms used in this section shall have
the meanings given to such terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2013 through 2018.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to create liability for use of a nebulizer or affect
liability for such use that exists under other law; or
(2) to supersede a State law regulating nursing.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E1425)
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line