Advocacy

New York

Overall, meets 18 of 23 core policy standards and seven of 13 extra credit indicators. Below are the standards that New York meets.

The 2019 State Honor Roll of Asthma and Allergy Policies for Schools ranks the states with the best public policies for people with asthma, food allergies, anaphylaxis and related allergic diseases in U.S. elementary, middle and high schools.

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Medication and Treatment Policies

Meets eight of 12 core policy standards in this category:

1. State requires physician’s written instructions to be on file to dispense prescription medication to students.checkmark
2. State policy ensures students’ right to self-carry and self-administer prescribed asthma medication.checkmark
3. State policy ensures students’ right to self-carry and self-administer prescribed anaphylaxis medication.checkmark
4. State policies or procedures shield school personnel from liability for unintended injuries.checkmark
5. State requires local school districts to create asthma and anaphylaxis medication policy and provides resources, guidelines and parameters.x
6. State policy mandates schools to identify and maintain records for students with chronic conditions including asthma and anaphylaxis.checkmark
7. State requires a procedure updating health records periodically.checkmark
8. State requires that schools maintain asthma/allergy incident reports for reactions, attacks and medications administered.x
9. State requires a student health history form that includes asthma/allergy information to be maintained for each student.checkmark
10. State requires schools to have emergency protocols for asthma.x
11. State requires schools to have emergency protocols for anaphylaxis.checkmark
12. Nurse-to-student ratio is 1:750 or better.x

Meets three of six extra credit indicators in this category:

A. State requires anaphylaxis medicine – epinephrine – stocking and authority to administer in schools.x
B. State allows and/or requires asthma quick-relief medicine – albuterol – stocking and authority to administer in schools.checkmark
C. State has or is preparing an explicit asthma program with policies, procedures and resources for schools to manage students with asthma.x
D. State has or is preparing an explicit anaphylaxis program with policies, procedures and resources for schools to manage students with allergies.checkmark
E. State has adopted policy that each school will have one full-time nurse.x
F. State has adopted policy that school districts provide case management for students with chronic health conditions such as asthma.checkmark
Awareness Policies

Meets one of two core policy standards in this category:

13. State recognizes problem of asthma in schools and has begun to address it.x
14. State recognizes problem of allergy in schools and has begun to address it.checkmark

Meets zero of two extra credit indicators in this category:

G. State sponsors or provides funding for staff training in asthma awareness covering school asthma program/policy and procedures.x
H. State sponsors or provides funding for staff training in food allergies.x
School Environment Policies

Meets nine of nine core policy standards in this category:

15. State has mandated that all schools must have indoor air quality (IAQ) management policies.checkmark
16. State has adopted a policy requiring that districts and schools conduct periodic inspections of heating, ventilation and air conditioning (HVAC) system & other items important in asthma/allergy management.checkmark
17. State has IAQ policies that include specific components important in asthma/allergy management (HVAC, HEPA, carpeting, pesticide use).checkmark
18. State recommends/requires that districts or schools use Integrated Pest Management (IPM) techniques OR ban use of pesticides inside school.checkmark
19. State requires schools to notify parents of upcoming pesticide applications.checkmark
20. State limits school bus idling time and establishes proximity restrictions.checkmark
21. All smoking is prohibited in school buildings and on school grounds.checkmark
22. All smoking is prohibited on school buses and at school-related functions.checkmark
23. Tobacco-use prevention is required in health education curriculum.checkmark

Meets four of five extra credit indicators in this category:

I. State makes funding or resources available for technical IAQ assistance to schools.checkmark
J. State recommends standards and programs to promote environmentally preferable materials for school construction, maintenance and cleaning.checkmark
K. State requires school facility design standards that include low emission construction materials, pollutant source controls, durable and easy to clean surfaces and floors, moisture/mold controls.x
L. State has implemented or actively promotes diesel school bus engine retrofitting program.checkmark
M. State requires districts or schools to provide tobacco-use-cessation services to students.checkmark
Policy Gaps
Nurse-to-Student Ratio
Noteworthy
Epinephrine in Schools: A New York law enacted in 2014 authorizes school nurses to administer epinephrine auto-injectors in an allergic emergency. The law also authorizes schools to obtain and maintain a supply of epinephrine auto-injectors. In addition, New York enacted the Asthma and Allergy Medication Self-Carry and Use in Schools Act: A09334B on October 30, 2014 and the law become effective on July 1, 2015. The new law requires school districts to allow students diagnosed with asthma or other respiratory condition to carry and use inhalers and further provides that students diagnosed with allergies are allowed to carry and use epinephrine auto-injectors.

Food Allergies in Schools: The Allergy and Anaphylaxis Management Act of 2007 requires New York’s Commissioner of Health, in consultation with the Commissioner of Education, to develop policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. Food service personnel are required to have training in serving students with special dietary needs, which includes serving special meals to students with food allergies provided a written statement from their physician is given. New York State staff development requirements include continuing education training or funding for school nurses in administration of medications; case management for students with chronic health conditions; identification and tracking of students with chronic health conditions; and teaching self-management to students with chronic health conditions. Caring for Students with Life-Threatening Allergies

Indoor School Environment: New York State law (N.Y. Educ. Law § 409-i) requires the establishment of guidelines and specifications for environmentally-sensitive cleaning and main10ance products for use in elementary and secondary school facilities. New York Green Cleaning Program website.