No one should die from an asthma attack or severe allergic reaction.
This is a great question! Most preschools and other early childhood education programs do NOT fall under Rule 59, which is an NDE Rule. NDE provides a list of approved early childhood education programs annually so it's easy to check. (see the link above) Programs not on the list are generally operated by a foundation or faith-based organization and those programs will fall under DHHS rules and regulations.
If your program is not on the list, then that program is not required to adopt the Rule 59 protocol, but of course, AIRE Nebraska would highly recommend that you make use of our general education for your staff regarding signs and symptoms of a potentially life-threatening breathing emergency.
If you would like to adopt the Rule 59 protocol for your program, AIRE Nebraska advises that you consult your school attorney regarding that decision as civil liability immunity only covers those persons employed by an early childhood program approved by NDE who have been trained. "If the program is not approved by NDE under Rule 11, then it appears that civil liability immunity would not apply to any person in that program" - Brian Halstead, General Counsel, NDE.
Below is a list of AIRE Nebraska resources available for you to help you respond to life-threatening breathing emergencies at school.
Answers for a lot of questions lie in the document below: