Illinois, More States Weigh Elijah’s Law for Food Allergy Kids in Preschools

in Food Allergy, Food Allergy News
Published: March 17, 2021
Elijah's Law protects food allergy kids. It was named for Elijah-Alavi Silvera.
Elijah Silvera

Now being replicated around the country, “Elijah’s Law” protects the lives of very young children with food allergies.

New York State was the first to pass the law in September 2019. Now in Illinois, the Childhood Anaphylactic Policy Act (HB 102) would require the Department of Public Health, in consultation with the Board of Education, to establish anaphylaxis policies and procedures for school districts and daycare settings to protect food allergy kids.

The new bill passed at the committee stage in the Illinois House in the first week of March. Now, with minor amendments, it will head to the full House to be voted on.

New Yorker Thomas Silvera was the principal witness at the Illinois committee hearing. Appearing remotely, Silvera told the lawmakers that he is championing Elijah’s Law in memory of his younger son. More than three years ago, Elijah-Alavi Silvera tragically died of an anaphylactic reaction to a grilled cheese sandwich. The 3-year-old was given the sandwich at his preschool, despite the daycare knowing of his food allergies, including a severe allergy to dairy.

Progress for Elijah’s Law in Other States

Thomas and his wife Dina Hawthorne-Silvera have worked relentlessly to make sure that no other family suffers as they have. New York’s Elijah’s Law is first of its kind legislation that requires all daycare programs to implement guidelines to prevent, and train to recognize and respond to anaphylactic reactions. Expanding on existing anaphylaxis protocols, Elijah’s Law protects and accommodates New York students in grades K–12.

Elijah's Law protects food allergy kids in daycares and schools, says Thomas Silvera
Thomas Silvera

Silvera sees momentum building for the expansion of Elijah’s Law. Besides Illinois, he’s working with legislators and advocates for similar bills in Pennsylvania, New Jersey, Connecticut, California and New Hampshire. Representative Jonathan Carroll, the sponsor of the Illinois bill, says that his bill would “tighten” anaphylaxis training that is already required by law in Illinois schools, and would add daycare centers to protect young food allergy kids.

The Silveras feel proud of their accomplishments and know they have more work to do. “I didn’t know this was the path that was going to be chosen for me,” says Silvera. “To provide care to children in need, to protect them from everything.”

That protection is starting to be implemented in New York State. On March 15, all licensed child-care programs in the state received Elijah’s Law policy and updated enrollment forms, which are available online here

Elijah’s Echo Grows Louder

After Elijah’s death, the Silveras created the Elijah-Alavi Foundation to encourage nationwide diverse and equitable food allergy and asthma resources in every neighborhood. They say their foundation is “Elijah’s echo,” and the initiative educates about the severity of food allergies and anaphylaxis as well as the importance of education and training about the disease.

Silvera sees his drive as evidence of his son’s ongoing presence in his life. “As a family, the way the trajectory of our life has changed, it shows that Elijah is moving in us and creating a path of safety” for young food allergy kids. He calls it the “work that Elijah is doing even though he is not here.”

“The echo Elijah created is resonating,” says Silvera. “It will be a roar, not an echo.” 

Jen Jobrack, founder of Food Allergy Pros, is the host of Allergic Living’s Talking Food Allergy podcast.

Related Resources:
Elijah’s Law Protecting Food Allergy Kids is Official in New York State
Elijah Silvera’s Father on the Urgent Need for Food Allergy Training in Daycares
Talking Food Allergy Podcast with Thomas and Dina Silvera
Food Allergies at School: 6 Steps to Ensure Your Child is Safely Included