Rep. Terri Bryant

Filed: 2/19/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1475

2    AMENDMENT NO. ______. Amend House Bill 1475 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Seizure Smart School Act.
 
6    Section 5. Findings. The General Assembly finds all of the
7following:
8        (1) Over 200,000 people in the State of Illinois have
9    epilepsy.
10        (2) Epilepsy is the fourth most common neurological
11    disorder in the United States, after migraines, strokes,
12    and Alzheimer's disease.
13        (3) The prevalence of epilepsy is greater than autism
14    spectrum disorder, cerebral palsy, multiple sclerosis, and
15    Parkinson's disease combined.
16        (4) One-third of people with epilepsy live with

 

 

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1    uncontrollable seizures.
2        (5) Fifty thousand people die from epilepsy-related
3    causes in the United States every year.
4        (6) Federal law affords people with epilepsy specific
5    rights and protections. These laws include Section 504 of
6    the Rehabilitation Act of 1973, the Individuals with
7    Disabilities Education Improvement Act of 2004, the
8    Americans with Disabilities Act of 1990, and the ADA
9    Amendments Act of 2008.
10        (7) These federal laws are not enforced consistently in
11    schools and school districts throughout this State, which
12    may leave students with epilepsy at risk.
 
13    Section 10. Definitions. In this Act:
14    "Delegated care aide" means a school employee who has
15volunteered to receive training in epilepsy and to assist a
16student in implementing his or her seizure action plan and who
17has entered into an agreement with a parent or guardian of that
18student.
19    "School" means any primary or secondary public, charter, or
20nonpublic school located in this State.
21    "School employee" means a person who is employed by a
22school district or school, a person who is employed by a local
23health department and assigned to a school, or a person who
24contracts with a school or school district to perform services
25in connection with a student's seizure action plan.

 

 

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1    "Seizure action plan" means a document that specifies the
2services needed by a student with epilepsy at school and at
3school-sponsored activities and delegates to a delegated care
4aide the authority to provide and supervise these services.
 
5    Section 15. Seizure action plan.
6    (a) The parent or guardian of a student with epilepsy who
7seeks assistance with epilepsy-related care in a school setting
8must sign and submit a seizure action plan with the student's
9school. The seizure action plan must include the treating
10physician's, advanced practice registered nurse's, or
11physician assistant's instructions on the student's epilepsy
12management during the school day, including a copy of any
13prescriptions and the methods of administering those
14prescriptions.
15    (b) The services and accommodations specified in a seizure
16action plan must be reasonable, reflect the current best
17practice guidelines of seizure-management care, and include
18appropriate safeguards to ensure the proper disposal of used
19equipment and medication.
20    (c) A seizure action plan must be submitted to the
21student's school (i) at the beginning of the school year, (ii)
22upon enrollment, as soon practicable following the student's
23diagnosis, or (iii) when a student's care needs change during
24the school year.
 

 

 

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1    Section 20. Delegated care aides.
2    (a) A delegated care aide shall perform the activities and
3tasks necessary to assist a student with epilepsy in accordance
4with the student's seizure action plan.
5    (b) The principal of a school shall ensure that the school
6has at least one delegated care aide present and available at
7the school during all school hours and, as needed, during
8school-sponsored activities.
 
9    Section 25. Training for school employees and delegated
10care aides.
11    (a) All school employees shall receive training in the
12basics of seizure recognition and first aid and appropriate
13emergency protocols and training on who will administer rescue
14medication.
15    (b) A delegated care aide must be trained to perform the
16tasks necessary to assist a student with epilepsy in accordance
17with the student's seizure action plan.
18    (c) The principal of a school shall coordinate the training
19of all delegated care aides.
20    (d) Training for school employees and delegated care aides
21must be provided annually by a trained health care educator
22with an expertise in epilepsy or through at least one hour of
23self-study review.
24    (e) The appropriate student's seizure action plan must be
25provided to any school employee who transports a student with

 

 

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1epilepsy to a school-sponsored activity. Information must also
2be provided identifying the student with epilepsy, potential
3emergencies that may occur as a result of the student's
4epilepsy, and the appropriate responses to those emergencies
5and provide the student's emergency contact information.
 
6    Section 30. Self-management. In accordance with his or her
7seizure action plan, a student must be permitted to possess on
8his or her person, at all times, the supplies, equipment, and
9medication necessary to treat epilepsy. A student must also be
10permitted to store those supplies, equipment, and medication
11with a school nurse or classroom teacher or in the office of a
12senior administrative school employee.
 
13    Section 35. Restricting access to school prohibited. A
14school district may not restrict the assignment of a student
15with epilepsy to a particular school on the basis that the
16school does not have a full-time school nurse, and a school may
17not deny a student access to the school or any school-related
18activity on the basis that the student has epilepsy.
 
19    Section 40. Protection against retaliation. A school
20employee may not be subject to any penalty, sanction,
21reprimand, discharge, demotion, denial of a promotion,
22withdrawal of benefits, or other disciplinary action for
23choosing not to volunteer to serve as a delegated care aide.
 

 

 

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1    Section 45. Immunity.
2    (a) A school or a school employee is not liable for civil
3or other damages as a result of conduct, other than willful or
4wanton misconduct, related to the care of a student with
5epilepsy.
6    (b) A school employee may not be subject to any
7disciplinary proceeding resulting from an action taken in
8compliance with this Act, unless the action constitutes willful
9or wanton misconduct.
 
10    Section 50. Federal law. Nothing in this Act limits any
11rights available under federal law.
 
12    Section 90. The School Code is amended by changing Section
1327A-5 as follows:
 
14    (105 ILCS 5/27A-5)
15    Sec. 27A-5. Charter school; legal entity; requirements.
16    (a) A charter school shall be a public, nonsectarian,
17nonreligious, non-home based, and non-profit school. A charter
18school shall be organized and operated as a nonprofit
19corporation or other discrete, legal, nonprofit entity
20authorized under the laws of the State of Illinois.
21    (b) A charter school may be established under this Article
22by creating a new school or by converting an existing public

 

 

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1school or attendance center to charter school status. Beginning
2on April 16, 2003 (the effective date of Public Act 93-3), in
3all new applications to establish a charter school in a city
4having a population exceeding 500,000, operation of the charter
5school shall be limited to one campus. The changes made to this
6Section by Public Act 93-3 do not apply to charter schools
7existing or approved on or before April 16, 2003 (the effective
8date of Public Act 93-3).
9    (b-5) In this subsection (b-5), "virtual-schooling" means
10a cyber school where students engage in online curriculum and
11instruction via the Internet and electronic communication with
12their teachers at remote locations and with students
13participating at different times.
14    From April 1, 2013 through December 31, 2016, there is a
15moratorium on the establishment of charter schools with
16virtual-schooling components in school districts other than a
17school district organized under Article 34 of this Code. This
18moratorium does not apply to a charter school with
19virtual-schooling components existing or approved prior to
20April 1, 2013 or to the renewal of the charter of a charter
21school with virtual-schooling components already approved
22prior to April 1, 2013.
23    On or before March 1, 2014, the Commission shall submit to
24the General Assembly a report on the effect of
25virtual-schooling, including without limitation the effect on
26student performance, the costs associated with

 

 

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1virtual-schooling, and issues with oversight. The report shall
2include policy recommendations for virtual-schooling.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter school
6shall be subject to the Freedom of Information Act and the Open
7Meetings Act.
8    (d) For purposes of this subsection (d), "non-curricular
9health and safety requirement" means any health and safety
10requirement created by statute or rule to provide, maintain,
11preserve, or safeguard safe or healthful conditions for
12students and school personnel or to eliminate, reduce, or
13prevent threats to the health and safety of students and school
14personnel. "Non-curricular health and safety requirement" does
15not include any course of study or specialized instructional
16requirement for which the State Board has established goals and
17learning standards or which is designed primarily to impart
18knowledge and skills for students to master and apply as an
19outcome of their education.
20    A charter school shall comply with all non-curricular
21health and safety requirements applicable to public schools
22under the laws of the State of Illinois. On or before September
231, 2015, the State Board shall promulgate and post on its
24Internet website a list of non-curricular health and safety
25requirements that a charter school must meet. The list shall be
26updated annually no later than September 1. Any charter

 

 

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1contract between a charter school and its authorizer must
2contain a provision that requires the charter school to follow
3the list of all non-curricular health and safety requirements
4promulgated by the State Board and any non-curricular health
5and safety requirements added by the State Board to such list
6during the term of the charter. Nothing in this subsection (d)
7precludes an authorizer from including non-curricular health
8and safety requirements in a charter school contract that are
9not contained in the list promulgated by the State Board,
10including non-curricular health and safety requirements of the
11authorizing local school board.
12    (e) Except as otherwise provided in the School Code, a
13charter school shall not charge tuition; provided that a
14charter school may charge reasonable fees for textbooks,
15instructional materials, and student activities.
16    (f) A charter school shall be responsible for the
17management and operation of its fiscal affairs including, but
18not limited to, the preparation of its budget. An audit of each
19charter school's finances shall be conducted annually by an
20outside, independent contractor retained by the charter
21school. To ensure financial accountability for the use of
22public funds, on or before December 1 of every year of
23operation, each charter school shall submit to its authorizer
24and the State Board a copy of its audit and a copy of the Form
25990 the charter school filed that year with the federal
26Internal Revenue Service. In addition, if deemed necessary for

 

 

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1proper financial oversight of the charter school, an authorizer
2may require quarterly financial statements from each charter
3school.
4    (g) A charter school shall comply with all provisions of
5this Article, the Illinois Educational Labor Relations Act, all
6federal and State laws and rules applicable to public schools
7that pertain to special education and the instruction of
8English learners, and its charter. A charter school is exempt
9from all other State laws and regulations in this Code
10governing public schools and local school board policies;
11however, a charter school is not exempt from the following:
12        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
13    criminal history records checks and checks of the Statewide
14    Sex Offender Database and Statewide Murderer and Violent
15    Offender Against Youth Database of applicants for
16    employment;
17        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
18    34-84a of this Code regarding discipline of students;
19        (3) the Local Governmental and Governmental Employees
20    Tort Immunity Act;
21        (4) Section 108.75 of the General Not For Profit
22    Corporation Act of 1986 regarding indemnification of
23    officers, directors, employees, and agents;
24        (5) the Abused and Neglected Child Reporting Act;
25        (5.5) subsection (b) of Section 10-23.12 and
26    subsection (b) of Section 34-18.6 of this Code;

 

 

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1        (6) the Illinois School Student Records Act;
2        (7) Section 10-17a of this Code regarding school report
3    cards;
4        (8) the P-20 Longitudinal Education Data System Act;
5        (9) Section 27-23.7 of this Code regarding bullying
6    prevention;
7        (10) Section 2-3.162 of this Code regarding student
8    discipline reporting;
9        (11) Sections 22-80 and 27-8.1 of this Code;
10        (12) Sections 10-20.60 and 34-18.53 of this Code;
11        (13) Sections 10-20.63 and 34-18.56 of this Code; and
12        (14) Section 26-18 of this Code; and
13        (15) Section 22-30 of this Code; and .
14        (16) The Seizure Smart School Act.
15    The change made by Public Act 96-104 to this subsection (g)
16is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required to
26perform in order to carry out the terms of its charter.

 

 

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1However, a charter school that is established on or after April
216, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection (i)
8of this Section, a school district may charge a charter school
9reasonable rent for the use of the district's buildings,
10grounds, and facilities. Any services for which a charter
11school contracts with a school district shall be provided by
12the district at cost. Any services for which a charter school
13contracts with a local school board or with the governing body
14of a State college or university or public community college
15shall be provided by the public entity at cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be subject
23to negotiation between the charter school and the local school
24board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age or
26grade level.

 

 

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1    (k) If the charter school is approved by the Commission,
2then the Commission charter school is its own local education
3agency.
4(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
5eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
699-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
7100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
81-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
9eff. 8-14-18; revised 10-5-18.)
 
10    Section 95. The State Mandates Act is amended by adding
11Section 8.43 as follows:
 
12    (30 ILCS 805/8.43 new)
13    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
14of this Act, no reimbursement by the State is required for the
15implementation of any mandate created by the Seizure Smart
16School Act.".