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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Care | ||||||
5 | of Students with Diabetes Act. | ||||||
6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds the following: | ||||||
8 | (1) Diabetes is a serious chronic disease in which the | ||||||
9 | pancreas does not make insulin (Type 1) or the body cannot | ||||||
10 | use insulin properly (Type 2).
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11 | (2) Diabetes must be managed 24 hours a day to avoid | ||||||
12 | the potentially life-threatening, short-term consequences | ||||||
13 | of low blood sugar and prevent or delay the serious | ||||||
14 | complications caused by blood sugar levels that are too | ||||||
15 | high for too long, such as atherosclerosis, coronary artery | ||||||
16 | disease, peripheral vascular disease, hypertension, | ||||||
17 | blindness, kidney failure, amputation, and stroke.
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18 | (3) Federal law affords people with diabetes specific | ||||||
19 | rights and protections. These laws include Section 504 of | ||||||
20 | the Rehabilitation Act of 1973, the Individuals with | ||||||
21 | Disabilities Education Improvement Act of 2004, and the | ||||||
22 | Americans with Disabilities Act of 1990, and the ADA | ||||||
23 | Amendments Act of 2008.
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1 | (4) When these federal laws are not implemented or | ||||||
2 | enforced consistently in school, students with diabetes | ||||||
3 | are discriminated against, their educational opportunities | ||||||
4 | are compromised, and their health and safety is | ||||||
5 | jeopardized. | ||||||
6 | (5) A school nurse is the most appropriate person in a | ||||||
7 | school setting to provide for all students' healthcare | ||||||
8 | needs; however, a school nurse may not be available when | ||||||
9 | needed, and many schools do not have a full-time nurse.
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10 | (6) Many students are capable of checking their blood | ||||||
11 | glucose levels, calculating a carbohydrate-to-insulin | ||||||
12 | ratio, and administering insulin independently. Allowing | ||||||
13 | capable students to manage diabetes independently in | ||||||
14 | school is consistent with the recommendations of pediatric | ||||||
15 | endocrinologists and certified diabetes educators and | ||||||
16 | other specialists.
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17 | (7) Because appropriate and consistent diabetes care | ||||||
18 | decreases the risks of serious short-term and long-term | ||||||
19 | complications, increases a student's learning | ||||||
20 | opportunities, and promotes individual and public health | ||||||
21 | benefits, the General Assembly deems it in the public | ||||||
22 | interest to enact this Act.
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23 | Section 10. Definitions. As used in this Act:
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24 | "Delegated care aide" means a school employee who has | ||||||
25 | agreed to receive training in diabetes care and to assist |
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1 | students in implementing their diabetes care plan and has | ||||||
2 | entered into an agreement with a parent or guardian and the | ||||||
3 | school district or private school.
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4 | "Diabetes care plan" means a document that specifies the | ||||||
5 | diabetes-related services needed by a student at school and at | ||||||
6 | school-sponsored activities and identifies the appropriate | ||||||
7 | staff to provide and supervise these services.
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8 | "Health care provider" means a physician licensed to | ||||||
9 | practice medicine in all of its branches, advanced practice | ||||||
10 | nurse who has a written agreement with a collaborating | ||||||
11 | physician, or a physician assistant who has been delegated a | ||||||
12 | duty by his or her supervising physician. | ||||||
13 | "Principal" means the senior administrative school | ||||||
14 | employee.
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15 | "School" means any primary or secondary public, charter, or | ||||||
16 | private school located in this State.
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17 | "School employee" means a person who is employed by a | ||||||
18 | public school district or private school, a person who is | ||||||
19 | employed by a local health department and assigned to a school, | ||||||
20 | or a person who contracts with a school or school district to | ||||||
21 | perform services in connection with a student's diabetes care | ||||||
22 | plan.
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23 | Section 15. Diabetes care plan.
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24 | (a) A diabetes care plan shall be signed by a student's | ||||||
25 | parent or guardian and submitted to the school for any student |
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1 | with diabetes who seeks assistance with diabetes care in the | ||||||
2 | school setting, unless the student has been managing his or her | ||||||
3 | diabetes care in the school setting before the effective date | ||||||
4 | of this Act, in which case the student's parent or guardian may | ||||||
5 | sign and submit a diabetes care plan under this Act. The | ||||||
6 | diabetes care plan shall include the treating doctor or nurse | ||||||
7 | practitioner's instructions concerning the student's diabetes | ||||||
8 | management during the school day, including requirements for | ||||||
9 | diet, glucose testing, insulin administration, and treatment | ||||||
10 | for hypoglycemia, hyperglycemia, and emergency situations.
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11 | (b) The services and accommodations specified in a diabetes | ||||||
12 | care plan shall be reasonable, reflect the current standard of | ||||||
13 | diabetes care, and include appropriate safeguards to ensure | ||||||
14 | that syringes and lancets are disposed of properly.
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15 | (c) A diabetes care plan shall include a uniform record of | ||||||
16 | glucometer readings and insulin administered by the school | ||||||
17 | nurse or delegated care aide during the school day and shall | ||||||
18 | use the form contained in "Helping Students with Diabetes | ||||||
19 | Succeed at School", a reference and care guide published by the | ||||||
20 | U.S. Department of Health and Human Services. | ||||||
21 | (d) A diabetes care plan shall be submitted to the school | ||||||
22 | at the beginning of the school year; upon enrollment, as soon | ||||||
23 | as practical following a student's diagnosis; or when a | ||||||
24 | student's care needs change during the school year.
Parents | ||||||
25 | shall be responsible for informing the school in a timely | ||||||
26 | manner of any changes to the diabetes care plan and their |
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1 | emergency contact numbers. | ||||||
2 | Section 20. Delegated care aides.
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3 | (a) Delegated care aides shall perform the activities and | ||||||
4 | tasks necessary to assist a student with diabetes in accordance | ||||||
5 | with his or her diabetes care plan and in compliance with any | ||||||
6 | guidelines provided during training under Section 25 of this | ||||||
7 | Act.
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8 | (b) Whenever a delegated care aide has a question about a | ||||||
9 | student's care, or when an unexpected snack or meal requires a | ||||||
10 | dose of insulin not anticipated by a student's diabetes care | ||||||
11 | plan, the delegated care aide shall consult with the parent or | ||||||
12 | guardian, school nurse, where available, or health care | ||||||
13 | provider to confirm that the insulin dosage is appropriate | ||||||
14 | given the number of carbohydrates to be taken and the student's | ||||||
15 | blood glucose level as determined by a glucometer reading. | ||||||
16 | (c) The principal shall facilitate compliance with the | ||||||
17 | provisions of a diabetes care plan during all school-sponsored | ||||||
18 | activities.
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19 | (d) Delegated care aides are authorized to provide | ||||||
20 | assistance by a student's parents or guardian and the school | ||||||
21 | district or private school. | ||||||
22 | Section 25. Training for school employees and delegated | ||||||
23 | care aides.
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24 | (a) In schools that have a student with diabetes, all |
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1 | school employees shall receive training in the basics of | ||||||
2 | diabetes care, how to identify when a student with diabetes | ||||||
3 | needs immediate or emergency medical attention, and whom to | ||||||
4 | contact in the case of an emergency during a regular in-service | ||||||
5 | training as provided for by Section 10-22.39 of the School | ||||||
6 | Code. | ||||||
7 | (b) Delegated care aides shall be trained to perform the | ||||||
8 | tasks necessary to assist a student with diabetes in accordance | ||||||
9 | with his or her diabetes care plan, including training to do | ||||||
10 | the following:
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11 | (1) check blood glucose and record results;
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12 | (2) recognize and respond to the symptoms of | ||||||
13 | hypoglycemia according to the diabetes care plan;
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14 | (3) recognize and respond to the symptoms of | ||||||
15 | hyperglycemia according to the diabetes care plan;
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16 | (4) estimate the number of carbohydrates in a snack or | ||||||
17 | lunch;
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18 | (5) administer insulin according to the student's | ||||||
19 | diabetes care plan and keep a record of the amount | ||||||
20 | administered; and | ||||||
21 | (6) respond in an emergency, including how to | ||||||
22 | administer glucagon. | ||||||
23 | (c) The school district shall coordinate staff training. | ||||||
24 | (d) Initial training shall be provided by a licensed | ||||||
25 | healthcare provider with expertise in diabetes or a certified | ||||||
26 | diabetic educator and individualized by a student's parent or |
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1 | guardian. The training shall be updated when the diabetes care | ||||||
2 | plan is changed and at least annually.
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3 | (e) School nurses, where available, or health care | ||||||
4 | providers may provide technical assistance or consultation or | ||||||
5 | both to delegated care aides. | ||||||
6 | (f) An information sheet shall be provided to any school | ||||||
7 | employee who transports a student for school-sponsored | ||||||
8 | activities. It shall identify the student with diabetes, | ||||||
9 | identify potential emergencies that may occur as a result of | ||||||
10 | the student's diabetes and the appropriate responses to such | ||||||
11 | emergencies, and provide emergency contact information. | ||||||
12 | Section 30. Self-management.
In accordance with his or her | ||||||
13 | diabetes care plan, a student shall be permitted to do the | ||||||
14 | following: | ||||||
15 | (1) check blood glucose when and wherever needed; | ||||||
16 | (2) administer insulin with the insulin delivery | ||||||
17 | system used by the student;
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18 | (3) treat hypoglycemia and hyperglycemia and otherwise | ||||||
19 | attend to the care and management of his or her diabetes in | ||||||
20 | the classroom, in any area of the school or school grounds | ||||||
21 | and at any school-related activity or event in accordance | ||||||
22 | with the diabetes care plan; and | ||||||
23 | (4)
possess on his or her person, at all times, the | ||||||
24 | supplies and equipment necessary to monitor and treat | ||||||
25 | diabetes, including, but not limited to, glucometers, |
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1 | lancets, test strips, insulin, syringes, insulin pens and | ||||||
2 | needle tips, insulin pumps, infusion sets, alcohol swabs, a | ||||||
3 | glucagon injection kit, glucose tablets, and food and | ||||||
4 | drink, in accordance with the diabetes care plan.
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5 | Section 35. Restricting access to school prohibited.
A | ||||||
6 | school district shall not restrict the assignment of a student | ||||||
7 | with diabetes to a particular school on the basis that the | ||||||
8 | school does not have a full-time school nurse, nor shall a | ||||||
9 | school deny a student access to any school or school-related | ||||||
10 | activities on the basis that a student has diabetes.
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11 | Section 40. Protections against retaliation.
A school | ||||||
12 | employee shall not be subject to any penalty, sanction, | ||||||
13 | reprimand, discharge, demotion, denial of a promotion, | ||||||
14 | withdrawal of benefits, or other disciplinary action for | ||||||
15 | choosing not to agree to serve as a delegated care aide.
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16 | Section 45. Civil immunity.
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17 | (a) A school or a school employee is not liable for civil | ||||||
18 | or other damages as a result of conduct, other than willful or | ||||||
19 | wanton misconduct, related to the care of a student with | ||||||
20 | diabetes.
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21 | (b) A school employee shall not be subject to any | ||||||
22 | disciplinary proceeding resulting from an action taken in | ||||||
23 | compliance with this Act, unless the action constitutes willful |
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1 | or wanton misconduct.
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2 | Section 50. Federal law. Nothing in this Act shall limit | ||||||
3 | any rights available under federal law. | ||||||
4 | Section 90. The School Code is amended by changing Section | ||||||
5 | 10-22.21b as follows:
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6 | (105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
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7 | Sec. 10-22.21b. Administering medication. To provide for | ||||||
8 | the
administration of medication to students. It shall be the | ||||||
9 | policy of the
State of Illinois that the administration of | ||||||
10 | medication to students during
regular school hours and during | ||||||
11 | school-related activities should be
discouraged unless | ||||||
12 | absolutely necessary for the critical health and
well-being of | ||||||
13 | the student. Under no circumstances shall
teachers or other | ||||||
14 | non-administrative school employees, except certified
school | ||||||
15 | nurses , and non-certificated registered professional nurses, | ||||||
16 | and advanced practice nurses, be
required
to administer | ||||||
17 | medication to students. This
Section shall not prohibit a | ||||||
18 | school district from adopting guidelines for
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19 | self-administration of medication by students. This Section | ||||||
20 | shall not
prohibit any school employee from providing emergency | ||||||
21 | assistance to students.
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22 | (Source: P.A. 91-719, eff. 6-2-00.)
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1 | Section 95. The State Mandates Act is amended by adding | ||||||
2 | Section 8.34 as follows: | ||||||
3 | (30 ILCS 805/8.34 new) | ||||||
4 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this Act, no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this amendatory Act of | ||||||
7 | the 96th General Assembly.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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