Section 1 Short title
This Act may be cited as the “Protecting Kids from Fentanyl Act”.
Protecting Kids from Fentanyl Act
A BILL
To allow States and local educational agencies to use unspent COVID–19 elementary and secondary school emergency relief funds to purchase life-saving opioid antagonists and to provide related training and education to students and teachers.
Sec. 2 Additional funds for opioid antagonists and related training and education
In general— Notwithstanding any other provision of law, a State or local educational agency that has received funds under an ESSERF program may, in lieu of the original requested or authorized use for such funds, use a portion, or all, of the unexpended funds to carry out one or more of the following activities:
Purchase naloxone or other opioid antagonists.
Provide training to school nurses, teachers, school administrators, and school resource officers on how to administer naloxone or other opioid antagonists.
Provide fentanyl awareness classes or materials to students.
Limitations on Secretarial authority— The Secretary of Education shall not—
require the use of funds under subsection (a) to be in response to, or in any way connected with, COVID–19; or
prevent or discourage a State or local educational agency from using ESSERF program funds to carry out any of the activities authorized under subsection (a).
Rule of construction— Nothing in this Act shall be construed to supercede any State law regulating the use of naloxone or other opioid antagonists in schools.
Definitions— In this section:
ESSERF program— The term ESSERF program means a program carried out under—
section 18003 of the CARES Act (20 U.S.C. 3401 note; Public Law 116–136);
section 313 of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1929); or
section 2001 of the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 19).
Fentanyl awareness class or material— The term fentanyl awareness class or material means any program, class, or educational material designed to teach—
the dangers of using drugs which may be contaminated with fentanyl;
the prevention of drug abuse, including through safe disposal of prescription medications and other safety precautions; and
the detection of early warning signs of addiction in school-aged children and youth.
Opioid antagonist— The term opioid antagonist means a medication approved by the Food and Drug Administration for the purpose of rapidly reversing an opioid overdose.