Historic measure honors memory of Elijah Silvera and aims to prevent tragic allergic reaction deaths
New York, NY – December 8, 2024
In a landmark decision for allergy safety, the New York City Council has passed legislation requiring all public schools and childcare facilities to maintain epinephrine auto-injectors (EpiPens) on-site and ensure staff are trained to recognize and respond to anaphylaxis emergencies.
The bill, Introduction 895-A, sponsored by Council Member Julie Menin, passed with strong support and will take effect in approximately four months. This measure transforms New York’s existing “Elijah’s Law” from permissive to mandatory, ensuring that lifesaving medication is available when seconds count.
Why This Matters for Families with Food Allergies
Anaphylaxis is a severe, potentially life-threatening allergic reaction that can develop within minutes of exposure to an allergen. Common triggers include foods (particularly peanuts, tree nuts, milk, eggs, fish, and shellfish), insect stings, and medications. For children experiencing anaphylaxis, immediate administration of epinephrine is critical and can mean the difference between life and death.
“As a mother, I know how quickly a severe allergic reaction can turn a normal school day into a life-threatening emergency,” said Council Member Menin during the vote. “No parent should ever have to worry about whether a life-saving dose of epinephrine will be available when it is needed most.”
Key Provisions of the New Law
The legislation mandates:
- All NYC public schools must maintain a minimum of one epinephrine auto-injector on-site
- All childcare facilities regulated by the NYC Department of Health and Mental Hygiene (DOHMH) must maintain a minimum of two epinephrine auto-injectors on-site
- Staff training requirements on recognizing symptoms of anaphylaxis and proper administration of epinephrine auto-injectors
The measure builds on existing New York State requirements that unlicensed school personnel who administer epinephrine must complete a Department of Health-approved training course. This training teaches staff to recognize the signs and symptoms of anaphylaxis and provides techniques for proper medication administration.
Honoring Elijah’s Legacy
The legislation is inspired by the tragic story of three-year-old Elijah Silvera, who died in November 2017 after experiencing an allergic reaction at his Harlem daycare center. Despite his family’s communication about his severe dairy allergy, Elijah was given a grilled cheese sandwich, leading to a fatal anaphylactic reaction.
“I dropped him off at his daycare early childhood center in Harlem,” Elijah’s mother, Dina Hawthorne, recalled. “Unfortunately, they gave him a grilled cheese sandwich that he could not eat, and he passed away.”
Following Elijah’s death, his family established the Elijah-Alavi Foundation to advocate for stronger allergy safety standards nationwide. In 2021, New York State passed the original Elijah’s Law, which permitted schools to carry EpiPens. This new NYC measure goes further by making epinephrine availability mandatory in all schools and childcare settings.
“A lot of people do not take it seriously; it’s not just breaking out in hives,” said Hawthorne. “My son will never have another birthday.”
A Personal Mission for Council Member Menin
The bill’s sponsor has her own connection to the life-saving power of epinephrine. Council Member Menin’s son’s life was saved by an EpiPen, fueling her determination to ensure all children have access to this critical medication.
During Thursday’s council meeting, Menin addressed the Silvera family directly: “I want to thank them for honoring the legacy of their son, which we are doing today by passing this bill.”
What Families Need to Know
For Parents of Children with Known Allergies:
- Continue to provide your child’s school and childcare program with prescribed epinephrine auto-injectors as directed by your child’s allergist
- Ensure your child’s allergy action plan is current and on file
- Communicate any changes in your child’s condition to school health staff immediately
- Discuss self-carry and self-administration options with your allergist and school nurse if appropriate for your child’s age and maturity level
For All Families:
- Be aware that anaphylaxis can occur even in children with no known allergy history
- Learn to recognize the signs of anaphylaxis: difficulty breathing, swelling of the face or throat, hives, rapid pulse, dizziness, nausea, or loss of consciousness
- Understand that prompt epinephrine administration is the first-line treatment for anaphylaxis
The Growing Need for Anaphylaxis Preparedness
Food allergies affect approximately 1 in 13 children in the United States, with rates continuing to rise. Many children experience their first severe allergic reaction at school or childcare, making preparedness in these settings crucial.
The NYC Department of Health already provides epinephrine auto-injectors to childcare programs at no cost and requires training on allergy emergencies. The new legislation strengthens these protections and extends them comprehensively across all city schools and licensed childcare facilities.
A Model for National Change
This legislation represents a bittersweet milestone in a journey that began more than eight years ago with Elijah’s death. As childcare continues to expand across New York City, advocates hope this measure will serve as a model for other jurisdictions nationwide.
“Ensuring the availability of life-saving epinephrine in all large public venues across New York State is not just a legislative win; it is a monumental step towards protecting New Yorkers who live with the daily threat of severe allergic reactions,” said Thomas Silvera, Co-Founder and Vice President of the Elijah-Alavi Foundation. “Together, we can prevent unnecessary tragedies and create safer environments for everyone.”
Looking Ahead
The law will be effective approximately four months from passage, giving schools and childcare programs time to implement the requirements and ensure staff receive proper training.
Healthcare providers, including allergists and immunologists, play a critical role in supporting this initiative by:
- Educating families about anaphylaxis risks and management
- Providing comprehensive allergy action plans
- Prescribing appropriate epinephrine auto-injectors for at-risk children
- Supporting schools and childcare programs with medical guidance
For families living with food allergies, this legislation offers reassurance that New York City is taking concrete steps to protect their children. While the law cannot eliminate all risks, it ensures that when anaphylaxis strikes, the medication needed to save a life will be immediately available.
For more information about food allergies, anaphylaxis management, and creating allergy action plans for your child, contact NY Allergy & Sinus Centers or book an appointment at one of our convenient locations.