Rep. Terri Bryant

Filed: 2/27/2019

 

 


 

 


 
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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    Section 10. Definitions. In this Act:
11    "Delegated care aide" means a school employee who has
12volunteered to receive training in epilepsy and to assist a
13student in implementing his or her seizure action plan and who
14has entered into an agreement with a parent or guardian of that
15student.
16    "Licensed health care provider" means a physician licensed
17to practice medicine in all of its branches, an advanced
18practice registered nurse who has a written collaborative
19agreement with a collaborating physician who authorizes the
20provision of epilepsy care, or a physician assistant who has a
21written collaborative agreement with a collaborating physician
22who authorizes the provision of epilepsy care.
23    "School" means any primary or secondary public, charter, or
24nonpublic school located in this State.
25    "School employee" means a person who is employed by a

 

 

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1school district or school, a person who is employed by a local
2health department and assigned to a school, or a person who
3contracts with a school or school district to perform services
4in connection with a student's seizure action plan.
5    "Seizure action plan" means a document that specifies the
6services needed by a student with epilepsy at school and at
7school-sponsored activities and delegates to a delegated care
8aide the authority to provide and supervise these services.
 
9    Section 15. Seizure action plan.
10    (a) The parent or guardian of a student with epilepsy who
11seeks assistance with epilepsy-related care in a school setting
12must sign and submit a seizure action plan with the student's
13school. The seizure action plan must include the treating
14physician's, advanced practice registered nurse's, or
15physician assistant's instructions on the student's epilepsy
16management during the school day, including a copy of any
17prescriptions and the methods of administering those
18prescriptions.
19    (b) The services and accommodations specified in a seizure
20action plan must be reasonable, reflect the current best
21practice guidelines of seizure-management care, and include
22appropriate safeguards to ensure the proper disposal of used
23equipment and medication.
24    (c) A seizure action plan must be submitted to the
25student's school (i) at the beginning of the school year, (ii)

 

 

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

 

 

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1in epilepsy or an epilepsy educator approved by the Epilepsy
2Foundation of America. Training for school employees must be
3provided annually by a licensed health care provider or an
4epilepsy educator approved by the Epilepsy Foundation of
5America or through at least one hour of self-study review
6approved by the Epilepsy Foundation of America.
7    (e) An information sheet must be provided to any school
8employee who transports a student with epilepsy to a
9school-sponsored activity. The sheet must identify the student
10with epilepsy, potential emergencies that may occur as a result
11of the student's epilepsy, and the appropriate responses to
12those emergencies and provide the student's emergency contact
13information.
 
14    Section 30. Self-management. In accordance with his or her
15seizure action plan, a student must be permitted to possess on
16his or her person, at all times, the supplies, equipment, and
17medication necessary to treat epilepsy.
 
18    Section 35. Restricting access to school prohibited. A
19school district may not restrict the assignment of a student
20with epilepsy to a particular school on the basis that the
21school does not have a full-time school nurse, and a school may
22not deny a student access to the school or any school-related
23activity on the basis that the student has epilepsy.
 

 

 

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1    Section 40. Protection against retaliation. A school
2employee may not be subject to any penalty, sanction,
3reprimand, discharge, demotion, denial of a promotion,
4withdrawal of benefits, or other disciplinary action for
5choosing not to volunteer to serve as a delegated care aide.
 
6    Section 45. Immunity.
7    (a) A school or a school employee who is in compliance with
8Section 25 of this Act is not liable for civil or other damages
9as a result of conduct, other than willful or wanton
10misconduct, related to the care of a student with epilepsy.
11    (b) A school employee may not be subject to any
12disciplinary proceeding resulting from an action taken in
13compliance with this Act, unless the action constitutes willful
14or wanton misconduct.
15    (c) A physician, advanced practice registered nurse,
16physician assistant, or approved epilepsy educator who
17participates in the formulation of a seizure action plan or
18training of a school employee or delegated care aide and who is
19in compliance with Section 25 of this Act shall incur no
20liability or professional discipline, except for willful and
21wanton misconduct, as a result of any injury arising from the
22seizure action plan or training of a school employee or
23delegated care aide.
 
24    Section 50. Federal law. Nothing in this Act limits any

 

 

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1rights available under federal law.
 
2    Section 90. The School Code is amended by changing Section
327A-5 as follows:
 
4    (105 ILCS 5/27A-5)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status. Beginning
14on April 16, 2003 (the effective date of Public Act 93-3), in
15all new applications to establish a charter school in a city
16having a population exceeding 500,000, operation of the charter
17school shall be limited to one campus. The changes made to this
18Section by Public Act 93-3 do not apply to charter schools
19existing or approved on or before April 16, 2003 (the effective
20date of Public Act 93-3).
21    (b-5) In this subsection (b-5), "virtual-schooling" means
22a cyber school where students engage in online curriculum and
23instruction via the Internet and electronic communication with
24their teachers at remote locations and with students

 

 

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1participating at different times.
2    From April 1, 2013 through December 31, 2016, there is a
3moratorium on the establishment of charter schools with
4virtual-schooling components in school districts other than a
5school district organized under Article 34 of this Code. This
6moratorium does not apply to a charter school with
7virtual-schooling components existing or approved prior to
8April 1, 2013 or to the renewal of the charter of a charter
9school with virtual-schooling components already approved
10prior to April 1, 2013.
11    On or before March 1, 2014, the Commission shall submit to
12the General Assembly a report on the effect of
13virtual-schooling, including without limitation the effect on
14student performance, the costs associated with
15virtual-schooling, and issues with oversight. The report shall
16include policy recommendations for virtual-schooling.
17    (c) A charter school shall be administered and governed by
18its board of directors or other governing body in the manner
19provided in its charter. The governing body of a charter school
20shall be subject to the Freedom of Information Act and the Open
21Meetings Act.
22    (d) For purposes of this subsection (d), "non-curricular
23health and safety requirement" means any health and safety
24requirement created by statute or rule to provide, maintain,
25preserve, or safeguard safe or healthful conditions for
26students and school personnel or to eliminate, reduce, or

 

 

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1prevent threats to the health and safety of students and school
2personnel. "Non-curricular health and safety requirement" does
3not include any course of study or specialized instructional
4requirement for which the State Board has established goals and
5learning standards or which is designed primarily to impart
6knowledge and skills for students to master and apply as an
7outcome of their education.
8    A charter school shall comply with all non-curricular
9health and safety requirements applicable to public schools
10under the laws of the State of Illinois. On or before September
111, 2015, the State Board shall promulgate and post on its
12Internet website a list of non-curricular health and safety
13requirements that a charter school must meet. The list shall be
14updated annually no later than September 1. Any charter
15contract between a charter school and its authorizer must
16contain a provision that requires the charter school to follow
17the list of all non-curricular health and safety requirements
18promulgated by the State Board and any non-curricular health
19and safety requirements added by the State Board to such list
20during the term of the charter. Nothing in this subsection (d)
21precludes an authorizer from including non-curricular health
22and safety requirements in a charter school contract that are
23not contained in the list promulgated by the State Board,
24including non-curricular health and safety requirements of the
25authorizing local school board.
26    (e) Except as otherwise provided in the School Code, a

 

 

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1charter school shall not charge tuition; provided that a
2charter school may charge reasonable fees for textbooks,
3instructional materials, and student activities.
4    (f) A charter school shall be responsible for the
5management and operation of its fiscal affairs including, but
6not limited to, the preparation of its budget. An audit of each
7charter school's finances shall be conducted annually by an
8outside, independent contractor retained by the charter
9school. To ensure financial accountability for the use of
10public funds, on or before December 1 of every year of
11operation, each charter school shall submit to its authorizer
12and the State Board a copy of its audit and a copy of the Form
13990 the charter school filed that year with the federal
14Internal Revenue Service. In addition, if deemed necessary for
15proper financial oversight of the charter school, an authorizer
16may require quarterly financial statements from each charter
17school.
18    (g) A charter school shall comply with all provisions of
19this Article, the Illinois Educational Labor Relations Act, all
20federal and State laws and rules applicable to public schools
21that pertain to special education and the instruction of
22English learners, and its charter. A charter school is exempt
23from all other State laws and regulations in this Code
24governing public schools and local school board policies;
25however, a charter school is not exempt from the following:
26        (1) Sections 10-21.9 and 34-18.5 of this Code regarding

 

 

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1    criminal history records checks and checks of the Statewide
2    Sex Offender Database and Statewide Murderer and Violent
3    Offender Against Youth Database of applicants for
4    employment;
5        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
6    34-84a of this Code regarding discipline of students;
7        (3) the Local Governmental and Governmental Employees
8    Tort Immunity Act;
9        (4) Section 108.75 of the General Not For Profit
10    Corporation Act of 1986 regarding indemnification of
11    officers, directors, employees, and agents;
12        (5) the Abused and Neglected Child Reporting Act;
13        (5.5) subsection (b) of Section 10-23.12 and
14    subsection (b) of Section 34-18.6 of this Code;
15        (6) the Illinois School Student Records Act;
16        (7) Section 10-17a of this Code regarding school report
17    cards;
18        (8) the P-20 Longitudinal Education Data System Act;
19        (9) Section 27-23.7 of this Code regarding bullying
20    prevention;
21        (10) Section 2-3.162 of this Code regarding student
22    discipline reporting;
23        (11) Sections 22-80 and 27-8.1 of this Code;
24        (12) Sections 10-20.60 and 34-18.53 of this Code;
25        (13) Sections 10-20.63 and 34-18.56 of this Code; and
26        (14) Section 26-18 of this Code; and

 

 

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1        (15) Section 22-30 of this Code; and .
2        (16) The Seizure Smart School Act.
3    The change made by Public Act 96-104 to this subsection (g)
4is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required to
14perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after April
1616, 2003 (the effective date of Public Act 93-3) and that
17operates in a city having a population exceeding 500,000 may
18not contract with a for-profit entity to manage or operate the
19school during the period that commences on April 16, 2003 (the
20effective date of Public Act 93-3) and concludes at the end of
21the 2004-2005 school year. Except as provided in subsection (i)
22of this Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school

 

 

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1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) If the charter school is approved by the Commission,
16then the Commission charter school is its own local education
17agency.
18(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
19eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
2099-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
21100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
221-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
23eff. 8-14-18; revised 10-5-18.)
 
24    Section 95. The State Mandates Act is amended by adding
25Section 8.43 as follows:
 

 

 

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1    (30 ILCS 805/8.43 new)
2    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by the Seizure Smart
5School Act.".