HB5588 101ST GENERAL ASSEMBLY

LRB101 17265 CMG 66669 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5588

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Individualized Student Emergency Health Care Act. Provides that the parent or guardian of a student with a seizure disorder who seeks seizure disorder care while at school shall inform the school nurse, who shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parent or guardian of the student annually provides to the school board written authorization for the provision of seizure disorder care as may be outlined in the individualized plans. Sets forth provisions concerning transport by a school bus driver, parent or guardian authorization, and liability. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Individualized Student Emergency Health Care Act.

Section 5. Definition. As used in this Act:

"Individualized emergency health care plan" means a document developed by a school nurse, in consultation with the parent or guardian of a student with a seizure disorder and other appropriate medical professionals, that is consistent with the recommendations of the student's health care providers, outlines a set of procedural guidelines that provide specific directions about what to do in a particular emergency situation, and is signed by the parent or guardian and the school nurse.

"Individualized health care plan" means a document developed by a school nurse, in consultation with the parent or guardian of a student with a seizure disorder and other appropriate medical professionals who may be providing seizure disorder care to the student, that is consistent with the recommendations of the student's health care providers, sets out the health services needed by the student at school, and is signed by the parent or guardian and the school nurse.

"School" means a public elementary or secondary public school located within this State.

"School employee" means a person employed by a school district.

Section 10. Seizure disorder health care plans.

(a) The parent or guardian of a student with a seizure disorder who seeks seizure disorder care while at school shall inform the school nurse, who shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parent or guardian of the student annually provides to the school board written authorization for the provision of seizure disorder care as may be outlined in the individualized plans.

(b) The individualized health care plan and individualized emergency health care plan developed in accordance with subsection (a) shall be updated by the school nurse prior to the beginning of each school year and as necessary if there is a change in the health status of the student.

(c) Each individualized health care plan shall include and each individualized emergency health care plan may include the following information:

(1) written orders from the student's physician or advanced practice registered nurse outlining the seizure disorder care;

(2) the symptoms of the seizure disorder for that particular student and recommended care;

(3) full participation in exercise and sports and any contraindications to exercise or accommodations that must be made for that particular student;

(4) accommodations for school trips, after-school activities, class parties, and other school-related activities;

(5) education of all school personnel about seizure disorders, how to recognize and provide care for seizure disorders, and when to call for assistance;

(6) medical and treatment issues that may affect the educational process of the student with the seizure disorder;

(7) the student's ability to manage and the student's level of understanding of the student's seizure disorder; and

(8) how to maintain communication with the student, the student's parent or guardian and health care team, the school nurse, and the educational staff.

(d) The school nurse assigned to a particular school shall coordinate the provision of seizure disorder care at that school and ensure that all staff are trained in the care of students with seizure disorders, including staff working with school-sponsored programs outside of the regular school day, as provided in the individualized health care plan and the individualized emergency health care plan.

The training required pursuant to this subsection shall include an online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with seizure disorders, such as the Epilepsy Foundation, and approved by the State Board of Education. A seizure training program approved by the State Board that is provided to a school district on portable media shall be provided by the nonprofit entity free of charge.

Section 15. Transport by school bus driver. If a school bus driver transports a student with a seizure disorder, a school district shall provide the driver with the following:

(1) a notice of the student's condition;

(2) information on how to provide care for the seizure disorder;

(3) emergency contact information; and

(4) parent contact information.

Section 20. Parent or guardian authorization. The school nurse shall obtain a release from the parent or guardian of a student with a seizure disorder to authorize the sharing of medical information between the student's physician or advanced practice registered nurse and other health care providers. The release shall also authorize the school nurse to share medical information with other staff members of the school district as necessary.

Section 25. Liability. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a school board, shall be held liable for any good faith act or omission consistent with the provisions of this Act, nor shall an action lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this Act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

Section 99. Effective date. This Act takes effect upon becoming law.