HB5096 93RD GENERAL ASSEMBLY

LRB093 15060 NHT 46721 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5096

Introduced 02/05/04, by Jim Watson

SYNOPSIS AS INTRODUCED:

105 ILCS 5/21-1	from Ch. 122, par. 21-1
745 ILCS 49/10

Amends the School Code and the Good Samaritan Act. Beginning July 1, 2005, provides that initial issuance of a teaching certificate is contingent upon certification in first aid and CPR. Provides that the State Board of Education shall accept first aid and CPR certificates from the American Red Cross, the American Heart Association, or any other nationally recognized certifying organization approved by the Department of Public Health. Provides that an individual or entity providing training in the use of first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR, except for willful or wanton misconduct. Provides that a trained teacher who performs first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from a failure to respond, except for willful or wanton misconduct. Provides that a school district or non-public school that employs teachers that are trained in first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from failure of a trained teacher to respond, except for willful or wanton misconduct.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning first aid.

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

Section 5. The School Code is amended by changing Section 21-1 as follows:

(105 ILCS 5/21-1) (from Ch. 122, par. 21-1)

Sec. 21-1. Qualification of teachers. No one may be certified to teach or supervise in the public schools of this State who is not of good character, of good health, a citizen of the United States or legally present and authorized for employment, and at least 19 years of age. An applicant for a certificate who is not a citizen of the United States must sign and file with the State Board of Education a letter of intent indicating that either (i) within 10 years after the date that the letter is filed or (ii) at the earliest opportunity after the person becomes eligible to apply for U.S. citizenship, the person will apply for U.S. citizenship.

Citizenship is not required for the issuance of a temporary part-time certificate to participants in approved training programs for exchange students as described in Section 21-10.2. A certificate issued under this plan shall expire on June 30 following the date of issue. One renewal for one year is authorized if the holder remains as an official participant in an approved exchange program.

In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration.

No person otherwise qualified shall be denied the right to be certified, to receive training for the purpose of becoming a teacher or to engage in practice teaching in any school because of a physical disability including but not limited to visual and hearing disabilities; nor shall any school district refuse to employ a teacher on such grounds, provided that the person is able to carry out the duties of the position for which he applies.

No person may be granted or continue to hold a teaching certificate who has knowingly altered or misrepresented his or her teaching qualifications in order to acquire the certificate. Any other certificate held by such person may be suspended or revoked by the State Teacher Certification Board, depending upon the severity of the alteration or misrepresentation.

No one may teach or supervise in the public schools nor receive for teaching or supervising any part of any public school fund, who does not hold a certificate of qualification granted by the State Board of Education or by the State Teacher Certification Board and a regional superintendent of schools as hereinafter provided, or by the board of education of a city having a population exceeding 500,000 inhabitants except as provided in Section 34-6 and in Section 10-22.34 or Section 10-22.34b. Beginning July 1, 2005, initial issuance of a teaching certificate is contingent upon the applicant demonstrating that he or she holds current certification in first aid and CPR, according to the standards of the American Red Cross, American Heart Association, or other nationally recognized certifying organization. The State Board of Education shall accept first aid and CPR certificates from the American Red Cross, the American Heart Association, or any other nationally recognized certifying organization approved by the Department of Public Health, in accordance with Department rules. However, the provisions of this Article do not apply to a member of the armed forces who is employed as a teacher of subjects in the Reserve Officer's Training Corps of any school. Sections 21-2 through 21-24 do not apply to cities having a population exceeding 500,000 inhabitants, until July 1, 1988.

Notwithstanding any other provision of this Act, the board of education of any school district may grant to a teacher of the district a leave of absence with full pay for a period of not more than one year to permit such teacher to teach in a foreign state under the provisions of the Exchange Teacher Program established under Public Law 584, 79th Congress, and Public Law 402, 80th Congress, as amended. The school board granting such leave of absence may employ with or without pay a national of the foreign state wherein the teacher on leave of absence will teach, if the national is qualified to teach in that foreign state, and if that national will teach in a grade level similar to the one which was taught in such foreign state. The State Board of Education shall promulgate and enforce such reasonable rules as may be necessary to effectuate this paragraph.

(Source: P.A. 93-572, eff. 1-1-04.)

Section 10. The Good Samaritan Act is amended by changing Section 10 as follows:

(745 ILCS 49/10)

Sec. 10. First aid and cardiopulmonary Cardiopulmonary resuscitation; exemption from civil liability for emergency care.

(a) Any person currently certified in basic cardiopulmonary resuscitation (CPR) who complies with generally recognized standards, and who in good faith, not for compensation, provides emergency cardiopulmonary resuscitation to a person who is an apparent victim of acute cardiopulmonary insufficiency shall not, as the result of his or her acts or omissions in providing resuscitation, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.

(b) An individual or entity providing training in the use of first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR, except for willful or wanton misconduct.

(c) A trained teacher who performs first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from a failure to respond, except for willful or wanton misconduct.

(d) A school district or non-public school that employs teachers that are trained in first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from failure of a trained teacher to respond, except for willful or wanton misconduct.

(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)