Full Text of SB3015 100th General Assembly
SB3015sam002 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/29/2018
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| 1 | | AMENDMENT TO SENATE BILL 3015
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3015 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 22-30 and 27A-5 as follows:
| 6 | | (105 ILCS 5/22-30)
| 7 | | Sec. 22-30. Self-administration and self-carry of asthma | 8 | | medication and epinephrine auto-injectors; administration of | 9 | | undesignated epinephrine auto-injectors; administration of an | 10 | | opioid antagonist; administration of undesignated asthma | 11 | | medication; asthma episode emergency response protocol.
| 12 | | (a) For the purpose of this Section only, the following | 13 | | terms shall have the meanings set forth below:
| 14 | | "Asthma action plan" means a written plan developed with a | 15 | | pupil's medical provider to help control the pupil's asthma. | 16 | | The goal of an asthma action plan is to reduce or prevent |
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| 1 | | flare-ups and emergency department visits through day-to-day | 2 | | management and to serve as a student-specific document to be | 3 | | referenced in the event of an asthma episode. | 4 | | "Asthma episode emergency response protocol" means a | 5 | | procedure to provide assistance to a pupil experiencing | 6 | | symptoms of wheezing, coughing, shortness of breath, chest | 7 | | tightness, or breathing difficulty. | 8 | | "Asthma inhaler" means a quick reliever asthma inhaler. | 9 | | "Epinephrine auto-injector" means a single-use device used | 10 | | for the automatic injection of a pre-measured dose of | 11 | | epinephrine into the human body.
| 12 | | "Asthma medication" means quick-relief asthma medication, | 13 | | including albuterol or other short-acting bronchodilators, | 14 | | that is approved by the United States Food and Drug | 15 | | Administration for the treatment of respiratory distress. | 16 | | "Asthma medication" includes medication delivered through a | 17 | | device, including a metered dose inhaler with a reusable or | 18 | | disposable spacer or a nebulizer with a mouthpiece or mask a | 19 | | medicine, prescribed by (i) a physician
licensed to practice | 20 | | medicine in all its branches,
(ii) a licensed physician | 21 | | assistant with prescriptive authority, or (iii) a licensed | 22 | | advanced practice registered
nurse with prescriptive authority
| 23 | | for a pupil that pertains to the pupil's
asthma and that has an | 24 | | individual prescription label .
| 25 | | "Opioid antagonist" means a drug that binds to opioid | 26 | | receptors and blocks or inhibits the effect of opioids acting |
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| 1 | | on those receptors, including, but not limited to, naloxone | 2 | | hydrochloride or any other similarly acting drug approved by | 3 | | the U.S. Food and Drug Administration. | 4 | | "Respiratory distress" means the perceived or actual | 5 | | presence of wheezing, coughing, shortness of breath, chest | 6 | | tightness, breathing difficulty, or any other symptoms | 7 | | consistent with asthma. Respiratory distress may be | 8 | | categorized as "mild-to-moderate" or "severe". | 9 | | "School nurse" means a registered nurse working in a school | 10 | | with or without licensure endorsed in school nursing. | 11 | | "Self-administration" means a pupil's discretionary use of | 12 | | his or
her prescribed asthma medication or epinephrine | 13 | | auto-injector.
| 14 | | "Self-carry" means a pupil's ability to carry his or her | 15 | | prescribed asthma medication or epinephrine auto-injector. | 16 | | "Standing protocol" may be issued by (i) a physician | 17 | | licensed to practice medicine in all its branches, (ii) a | 18 | | licensed physician assistant with prescriptive authority, or | 19 | | (iii) a licensed advanced practice registered nurse with | 20 | | prescriptive authority. | 21 | | "Trained personnel" means any school employee or volunteer | 22 | | personnel authorized in Sections 10-22.34, 10-22.34a, and | 23 | | 10-22.34b of this Code who has completed training under | 24 | | subsection (g) of this Section to recognize and respond to | 25 | | anaphylaxis , an opioid overdose, or respiratory distress. | 26 | | "Undesignated asthma medication" means asthma medication |
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| 1 | | prescribed in the name of a school district, public school, | 2 | | charter school, or nonpublic school . | 3 | | "Undesignated epinephrine auto-injector" means an | 4 | | epinephrine auto-injector prescribed in the name of a school | 5 | | district, public school, charter school, or nonpublic school. | 6 | | (b) A school, whether public , charter, or nonpublic, must | 7 | | permit the
self-administration and self-carry of asthma
| 8 | | medication by a pupil with asthma or the self-administration | 9 | | and self-carry of an epinephrine auto-injector by a pupil, | 10 | | provided that:
| 11 | | (1) the parents or
guardians of the pupil provide to | 12 | | the school (i) written
authorization from the parents or | 13 | | guardians for (A) the self-administration and self-carry | 14 | | of asthma medication or (B) the self-carry of asthma | 15 | | medication or (ii) for (A) the self-administration and | 16 | | self-carry of an epinephrine auto-injector or (B) the | 17 | | self-carry of an epinephrine auto-injector, written | 18 | | authorization from the pupil's physician, physician | 19 | | assistant, or advanced practice registered nurse; and
| 20 | | (2) the
parents or guardians of the pupil provide to | 21 | | the school (i) the prescription label, which must contain | 22 | | the name of the asthma medication, the prescribed dosage, | 23 | | and the time at which or circumstances under which the | 24 | | asthma medication is to be administered, or (ii) for the | 25 | | self-administration or self-carry of an epinephrine | 26 | | auto-injector, a
written
statement from the pupil's |
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| 1 | | physician, physician assistant, or advanced practice | 2 | | registered
nurse containing
the following information:
| 3 | | (A) the name and purpose of the epinephrine | 4 | | auto-injector;
| 5 | | (B) the prescribed dosage; and
| 6 | | (C) the time or times at which or the special | 7 | | circumstances
under which the epinephrine | 8 | | auto-injector is to be administered.
| 9 | | The information provided shall be kept on file in the office of | 10 | | the school
nurse or,
in the absence of a school nurse, the | 11 | | school's administrator.
| 12 | | (b-5) A school district, public school, charter school, or | 13 | | nonpublic school may authorize the provision of a | 14 | | student-specific or undesignated epinephrine auto-injector to | 15 | | a student or any personnel authorized under a student's | 16 | | Individual Health Care Action Plan, Illinois Food Allergy | 17 | | Emergency Action Plan and Treatment Authorization Form, or plan | 18 | | pursuant to Section 504 of the federal Rehabilitation Act of | 19 | | 1973 to administer an epinephrine auto-injector to the student, | 20 | | that meets the student's prescription on file. | 21 | | (b-10) The school district, public school, charter school, | 22 | | or nonpublic school may authorize a school nurse or trained | 23 | | personnel to do the following: (i) provide an undesignated | 24 | | epinephrine auto-injector to a student for self-administration | 25 | | only or any personnel authorized under a student's Individual | 26 | | Health Care Action Plan, Illinois Food Allergy Emergency Action |
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| 1 | | Plan and Treatment Authorization Form, or plan pursuant to | 2 | | Section 504 of the federal Rehabilitation Act of 1973 , or | 3 | | individualized education program plan to administer to the | 4 | | student , that meets the student's prescription on file; (ii) | 5 | | administer an undesignated epinephrine auto-injector that | 6 | | meets the prescription on file to any student who has an | 7 | | Individual Health Care Action Plan, Illinois Food Allergy | 8 | | Emergency Action Plan and Treatment Authorization Form, or plan | 9 | | pursuant to Section 504 of the federal Rehabilitation Act of | 10 | | 1973 , or individualized education program plan that authorizes | 11 | | the use of an epinephrine auto-injector; (iii) administer an | 12 | | undesignated epinephrine auto-injector to any person that the | 13 | | school nurse or trained personnel in good faith believes is | 14 | | having an anaphylactic reaction; and (iv) administer an opioid | 15 | | antagonist to any person that the school nurse or trained | 16 | | personnel in good faith believes is having an opioid overdose ; | 17 | | (v) provide undesignated asthma medication to a student for | 18 | | self-administration only or to any personnel authorized under a | 19 | | student's Individual Health Care Action Plan or asthma action | 20 | | plan, plan pursuant to Section 504 of the federal | 21 | | Rehabilitation Act of 1973, or individualized education | 22 | | program plan to administer to the student that meets the | 23 | | student's prescription on file; (vi) administer undesignated | 24 | | asthma medication that meets the prescription on file to any | 25 | | student who has an Individual Health Care Action Plan or asthma | 26 | | action plan, plan pursuant to Section 504 of the federal |
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| 1 | | Rehabilitation Act of 1973, or individualized education | 2 | | program plan that authorizes the use of asthma medication; and | 3 | | (vii) administer undesignated asthma medication to any person | 4 | | that the school nurse or trained personnel believes in good | 5 | | faith is having respiratory distress . | 6 | | (c) The school district, public school, charter school, or | 7 | | nonpublic school must inform the parents or
guardians of the
| 8 | | pupil, in writing, that the school district, public school, | 9 | | charter school, or nonpublic school and its
employees and
| 10 | | agents, including a physician, physician assistant, or | 11 | | advanced practice registered nurse providing standing protocol | 12 | | and a or prescription for school epinephrine auto-injectors, an | 13 | | opioid antagonist, or undesignated asthma medication,
are to | 14 | | incur no liability or professional discipline, except for | 15 | | willful and wanton conduct, as a result
of any injury arising | 16 | | from the
administration of asthma medication, an epinephrine | 17 | | auto-injector, or an opioid antagonist regardless of whether | 18 | | authorization was given by the pupil's parents or guardians or | 19 | | by the pupil's physician, physician assistant, or advanced | 20 | | practice registered nurse. The parents or guardians
of the | 21 | | pupil must sign a statement acknowledging that the school | 22 | | district, public school, charter school,
or nonpublic school | 23 | | and its employees and agents are to incur no liability, except | 24 | | for willful and wanton
conduct, as a result of any injury | 25 | | arising
from the
administration of asthma medication, an | 26 | | epinephrine auto-injector, or an opioid antagonist regardless |
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| 1 | | of whether authorization was given by the pupil's parents or | 2 | | guardians or by the pupil's physician, physician assistant, or | 3 | | advanced practice registered nurse and that the parents or
| 4 | | guardians must indemnify and hold harmless the school district, | 5 | | public school, charter school, or nonpublic
school and
its
| 6 | | employees and agents against any claims, except a claim based | 7 | | on willful and
wanton conduct, arising out of the
| 8 | | administration of asthma medication, an epinephrine | 9 | | auto-injector, or an opioid antagonist regardless of whether | 10 | | authorization was given by the pupil's parents or guardians or | 11 | | by the pupil's physician, physician assistant, or advanced | 12 | | practice registered nurse. | 13 | | (c-5) When a school nurse or trained personnel administers | 14 | | an undesignated epinephrine auto-injector to a person whom the | 15 | | school nurse or trained personnel in good faith believes is | 16 | | having an anaphylactic reaction , or administers an opioid | 17 | | antagonist to a person whom the school nurse or trained | 18 | | personnel in good faith believes is having an opioid overdose, | 19 | | or administers undesignated asthma medication to a person whom | 20 | | the school nurse or trained personnel in good faith believes is | 21 | | having respiratory distress, notwithstanding the lack of | 22 | | notice to the parents or guardians of the pupil or the absence | 23 | | of the parents or guardians signed statement acknowledging no | 24 | | liability, except for willful and wanton conduct, the school | 25 | | district, public school, charter school, or nonpublic school | 26 | | and its employees and agents, and a physician, a physician |
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| 1 | | assistant, or an advanced practice registered nurse providing | 2 | | standing protocol and a or prescription for undesignated | 3 | | epinephrine auto-injectors, an opioid antagonist, or | 4 | | undesignated asthma medication, are to incur no liability or | 5 | | professional discipline, except for willful and wanton | 6 | | conduct, as a result of any injury arising from the use of an | 7 | | undesignated epinephrine auto-injector , or the use of an opioid | 8 | | antagonist , or the use of undesignated asthma medication, | 9 | | regardless of whether authorization was given by the pupil's | 10 | | parents or guardians or by the pupil's physician, physician | 11 | | assistant, or advanced practice registered nurse.
| 12 | | (d) The permission for self-administration and self-carry | 13 | | of asthma medication or the self-administration and self-carry | 14 | | of an epinephrine auto-injector is effective
for the school | 15 | | year for which it is granted and shall be renewed each
| 16 | | subsequent school year upon fulfillment of the requirements of | 17 | | this
Section.
| 18 | | (e) Provided that the requirements of this Section are | 19 | | fulfilled, a
pupil with asthma may self-administer and | 20 | | self-carry his or her asthma medication or a pupil may | 21 | | self-administer and self-carry an epinephrine auto-injector | 22 | | (i) while in
school, (ii) while at a school-sponsored activity, | 23 | | (iii) while under the
supervision of
school personnel, or (iv) | 24 | | before or after normal school activities, such
as while in | 25 | | before-school or after-school care on school-operated
property | 26 | | or while being transported on a school bus.
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| 1 | | (e-5) Provided that the requirements of this Section are | 2 | | fulfilled, a school nurse or trained personnel may administer | 3 | | an undesignated epinephrine auto-injector to any person whom | 4 | | the school nurse or trained personnel in good faith believes to | 5 | | be having an anaphylactic reaction (i) while in school, (ii) | 6 | | while at a school-sponsored activity, (iii) while under the | 7 | | supervision of school personnel, or (iv) before or after normal | 8 | | school activities, such
as while in before-school or | 9 | | after-school care on school-operated property or while being | 10 | | transported on a school bus. A school nurse or trained | 11 | | personnel may carry undesignated epinephrine auto-injectors on | 12 | | his or her person while in school or at a school-sponsored | 13 | | activity. | 14 | | (e-10) Provided that the requirements of this Section are | 15 | | fulfilled, a school nurse or trained personnel may administer | 16 | | an opioid antagonist to any person whom the school nurse or | 17 | | trained personnel in good faith believes to be having an opioid | 18 | | overdose (i) while in school, (ii) while at a school-sponsored | 19 | | activity, (iii) while under the supervision of school | 20 | | personnel, or (iv) before or after normal school activities, | 21 | | such as while in before-school or after-school care on | 22 | | school-operated property. A school nurse or trained personnel | 23 | | may carry an opioid antagonist on his or her their person while | 24 | | in school or at a school-sponsored activity. | 25 | | (e-15) If the requirements of this Section are met, a | 26 | | school nurse or trained personnel may administer undesignated |
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| 1 | | asthma medication to any person whom the school nurse or | 2 | | trained personnel in good faith believes to be experiencing | 3 | | respiratory distress (i) while in school, (ii) while at a | 4 | | school-sponsored activity, (iii) while under the supervision | 5 | | of school personnel, or (iv) before or after normal school | 6 | | activities, including before-school or after-school care on | 7 | | school-operated property. A school nurse or trained personnel | 8 | | may carry undesignated asthma medication on his or her person | 9 | | while in school or at a school-sponsored activity. | 10 | | (f) The school district, public school, charter school, or | 11 | | nonpublic school may maintain a supply of undesignated | 12 | | epinephrine auto-injectors in any secure location that is | 13 | | accessible before, during, and after school where an allergic | 14 | | person is most at risk, including, but not limited to, | 15 | | classrooms and lunchrooms. A physician, a physician assistant | 16 | | who has been delegated prescriptive authority in accordance | 17 | | with Section 7.5 of the Physician Assistant Practice Act of | 18 | | 1987, or an advanced practice registered nurse who has been | 19 | | delegated prescriptive authority in accordance with Section | 20 | | 65-40 of the Nurse Practice Act may prescribe undesignated | 21 | | epinephrine auto-injectors in the name of the school district, | 22 | | public school, charter school, or nonpublic school to be | 23 | | maintained for use when necessary. Any supply of epinephrine | 24 | | auto-injectors shall be maintained in accordance with the | 25 | | manufacturer's instructions. | 26 | | The school district, public school, charter school, or |
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| 1 | | nonpublic school may maintain a supply of an opioid antagonist | 2 | | in any secure location where an individual may have an opioid | 3 | | overdose. A health care professional who has been delegated | 4 | | prescriptive authority for opioid antagonists in accordance | 5 | | with Section 5-23 of the Alcoholism and Other Drug Abuse and | 6 | | Dependency Act may prescribe opioid antagonists in the name of | 7 | | the school district, public school, charter school, or | 8 | | nonpublic school, to be maintained for use when necessary. Any | 9 | | supply of opioid antagonists shall be maintained in accordance | 10 | | with the manufacturer's instructions. | 11 | | The school district, public school, charter school, or | 12 | | nonpublic school may maintain a supply of asthma medication in | 13 | | any secure location that is accessible before, during, or after | 14 | | school where a person is most at risk, including, but not | 15 | | limited to, a classroom or the nurse's office. A physician, a | 16 | | physician assistant who has prescriptive authority under | 17 | | Section 7.5 of the Physician Assistant Practice Act of 1987, or | 18 | | an advanced practice registered nurse who has prescriptive | 19 | | authority under Section 65-40 of the Nurse Practice Act may | 20 | | prescribe undesignated asthma medication in the name of the | 21 | | school district, public school, charter school, or nonpublic | 22 | | school to be maintained for use when necessary. Any supply of | 23 | | undesignated asthma medication must be maintained in | 24 | | accordance with the manufacturer's instructions. | 25 | | (f-3) Whichever entity initiates the process of obtaining | 26 | | undesignated epinephrine auto-injectors and providing training |
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| 1 | | to personnel for carrying and administering undesignated | 2 | | epinephrine auto-injectors shall pay for the costs of the | 3 | | undesignated epinephrine auto-injectors. | 4 | | (f-5) Upon any administration of an epinephrine | 5 | | auto-injector, a school district, public school, charter | 6 | | school, or nonpublic school must immediately activate the EMS | 7 | | system and notify the student's parent, guardian, or emergency | 8 | | contact, if known. | 9 | | Upon any administration of an opioid antagonist, a school | 10 | | district, public school, charter school, or nonpublic school | 11 | | must immediately activate the EMS system and notify the | 12 | | student's parent, guardian, or emergency contact, if known. | 13 | | (f-10) Within 24 hours of the administration of an | 14 | | undesignated epinephrine auto-injector, a school district, | 15 | | public school, charter school, or nonpublic school must notify | 16 | | the physician, physician assistant, or advanced practice | 17 | | registered nurse who provided the standing protocol and a or | 18 | | prescription for the undesignated epinephrine auto-injector of | 19 | | its use. | 20 | | Within 24 hours after the administration of an opioid | 21 | | antagonist, a school district, public school, charter school, | 22 | | or nonpublic school must notify the health care professional | 23 | | who provided the prescription for the opioid antagonist of its | 24 | | use. | 25 | | Within 24 hours after the administration of undesignated | 26 | | asthma medication, a school district, public school, charter |
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| 1 | | school, or nonpublic school must notify the student's parent or | 2 | | guardian or emergency contact, if known, and the physician, | 3 | | physician assistant, or advanced practice registered nurse who | 4 | | provided the standing protocol and a prescription for the | 5 | | undesignated asthma medication of its use. The district or | 6 | | school must follow up with the school nurse and may, with the | 7 | | consent of the child's parent or guardian, notify the child's | 8 | | health care provider of record, as determined under this | 9 | | Section, of its use. | 10 | | (g) Prior to the administration of an undesignated | 11 | | epinephrine auto-injector, trained personnel must submit to | 12 | | the their school's administration proof of completion of a | 13 | | training curriculum to recognize and respond to anaphylaxis | 14 | | that meets the requirements of subsection (h) of this Section. | 15 | | Training must be completed annually. The school district, | 16 | | public school, charter school, or nonpublic school must | 17 | | maintain records related to the training curriculum and trained | 18 | | personnel. | 19 | | Prior to the administration of an opioid antagonist, | 20 | | trained personnel must submit to the their school's | 21 | | administration proof of completion of a training curriculum to | 22 | | recognize and respond to an opioid overdose, which curriculum | 23 | | must meet the requirements of subsection (h-5) of this Section. | 24 | | Training must be completed annually. Trained personnel must | 25 | | also submit to the school's administration proof of | 26 | | cardiopulmonary resuscitation and automated external |
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| 1 | | defibrillator certification. The school district, public | 2 | | school, charter school, or nonpublic school must maintain | 3 | | records relating to the training curriculum and the trained | 4 | | personnel. | 5 | | Prior to the administration of undesignated asthma | 6 | | medication, trained personnel must submit to the school's | 7 | | administration proof of completion of a training curriculum to | 8 | | recognize and respond to respiratory distress, which must meet | 9 | | the requirements of subsection (h-10) of this Section. Training | 10 | | must be completed annually, and the school district, public | 11 | | school, charter school, or nonpublic school must maintain | 12 | | records relating to the training curriculum and the trained | 13 | | personnel. | 14 | | (h) A training curriculum to recognize and respond to | 15 | | anaphylaxis, including the administration of an undesignated | 16 | | epinephrine auto-injector, may be conducted online or in | 17 | | person. | 18 | | Training shall include, but is not limited to: | 19 | | (1) how to recognize signs and symptoms of an allergic | 20 | | reaction, including anaphylaxis; | 21 | | (2) how to administer an epinephrine auto-injector; | 22 | | and | 23 | | (3) a test demonstrating competency of the knowledge | 24 | | required to recognize anaphylaxis and administer an | 25 | | epinephrine auto-injector. | 26 | | Training may also include, but is not limited to: |
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| 1 | | (A) a review of high-risk areas within a school and its | 2 | | related facilities; | 3 | | (B) steps to take to prevent exposure to allergens; | 4 | | (C) emergency follow-up procedures , including the | 5 | | importance of calling 911 or, if 911 is not available, | 6 | | other local emergency medical services ; | 7 | | (D) how to respond to a student with a known allergy, | 8 | | as well as a student with a previously unknown allergy; and | 9 | | (E) other criteria as determined in rules adopted | 10 | | pursuant to this Section. | 11 | | In consultation with statewide professional organizations | 12 | | representing physicians licensed to practice medicine in all of | 13 | | its branches, registered nurses, and school nurses, the State | 14 | | Board of Education shall make available resource materials | 15 | | consistent with criteria in this subsection (h) for educating | 16 | | trained personnel to recognize and respond to anaphylaxis. The | 17 | | State Board may take into consideration the curriculum on this | 18 | | subject developed by other states, as well as any other | 19 | | curricular materials suggested by medical experts and other | 20 | | groups that work on life-threatening allergy issues. The State | 21 | | Board is not required to create new resource materials. The | 22 | | State Board shall make these resource materials available on | 23 | | its Internet website. | 24 | | (h-5) A training curriculum to recognize and respond to an | 25 | | opioid overdose, including the administration of an opioid | 26 | | antagonist, may be conducted online or in person. The training |
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| 1 | | must comply with any training requirements under Section 5-23 | 2 | | of the Alcoholism and Other Drug Abuse and Dependency Act and | 3 | | the corresponding rules. It must include, but is not limited | 4 | | to: | 5 | | (1) how to recognize symptoms of an opioid overdose; | 6 | | (2) information on drug overdose prevention and | 7 | | recognition; | 8 | | (3) how to perform rescue breathing and resuscitation; | 9 | | (4) how to respond to an emergency involving an opioid | 10 | | overdose; | 11 | | (5) opioid antagonist dosage and administration; | 12 | | (6) the importance of calling 911 or, if 911 is not | 13 | | available, other local emergency medical services ; | 14 | | (7) care for the overdose victim after administration | 15 | | of the overdose antagonist; | 16 | | (8) a test demonstrating competency of the knowledge | 17 | | required to recognize an opioid overdose and administer a | 18 | | dose of an opioid antagonist; and | 19 | | (9) other criteria as determined in rules adopted | 20 | | pursuant to this Section. | 21 | | (h-10) A training curriculum to recognize and respond to | 22 | | respiratory distress, including the administration of | 23 | | undesignated asthma medication, may be conducted online or in | 24 | | person. The training must include, but is not limited to: | 25 | | (1) how to recognize symptoms of respiratory distress | 26 | | and how to distinguish respiratory distress from |
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| 1 | | anaphylaxis; | 2 | | (2) how to respond to an emergency involving | 3 | | respiratory distress; | 4 | | (3) asthma medication dosage and administration; | 5 | | (4) the importance of calling 911 or, if 911 is not | 6 | | available, other local emergency medical services; | 7 | | (5) a test demonstrating competency of the knowledge | 8 | | required to recognize respiratory distress and administer | 9 | | asthma medication; and | 10 | | (6) other criteria as determined in rules adopted under | 11 | | this Section. | 12 | | (i) Within 3 days after the administration of an | 13 | | undesignated epinephrine auto-injector by a school nurse, | 14 | | trained personnel, or a student at a school or school-sponsored | 15 | | activity, the school must report to the State Board of | 16 | | Education in a form and manner prescribed by the State Board | 17 | | the following information: | 18 | | (1) age and type of person receiving epinephrine | 19 | | (student, staff, visitor); | 20 | | (2) any previously known diagnosis of a severe allergy; | 21 | | (3) trigger that precipitated allergic episode; | 22 | | (4) location where symptoms developed; | 23 | | (5) number of doses administered; | 24 | | (6) type of person administering epinephrine (school | 25 | | nurse, trained personnel, student); and | 26 | | (7) any other information required by the State Board. |
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| 1 | | If a school district, public school, charter school, or | 2 | | nonpublic school maintains or has an independent contractor | 3 | | providing transportation to students who maintains a supply of | 4 | | undesignated epinephrine auto-injectors, then the school | 5 | | district, public school, charter school, or nonpublic school | 6 | | must report that information to the State Board of Education | 7 | | upon adoption or change of the policy of the school district, | 8 | | public school, charter school, nonpublic school, or | 9 | | independent contractor, in a manner as prescribed by the State | 10 | | Board. The report must include the number of undesignated | 11 | | epinephrine auto-injectors in supply. | 12 | | (i-5) Within 3 days after the administration of an opioid | 13 | | antagonist by a school nurse or trained personnel, the school | 14 | | must report to the State Board of Education, in a form and | 15 | | manner prescribed by the State Board, the following | 16 | | information: | 17 | | (1) the age and type of person receiving the opioid | 18 | | antagonist (student, staff, or visitor); | 19 | | (2) the location where symptoms developed; | 20 | | (3) the type of person administering the opioid | 21 | | antagonist (school nurse or trained personnel); and | 22 | | (4) any other information required by the State Board. | 23 | | (i-10) Within 3 days after the administration of | 24 | | undesignated asthma medication by a school nurse, trained | 25 | | personnel, or a student at a school or school-sponsored | 26 | | activity, the school must report to the State Board of |
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| 1 | | Education, on a form and in a manner prescribed by the State | 2 | | Board of Education, the following information: | 3 | | (1) the age and type of person receiving the asthma | 4 | | medication (student, staff, or visitor); | 5 | | (2) any previously known diagnosis of asthma for the | 6 | | person; | 7 | | (3) the trigger that precipitated respiratory | 8 | | distress, if identifiable; | 9 | | (4) the location of where the symptoms developed; | 10 | | (5) the number of doses administered; | 11 | | (6) the type of person administering the asthma | 12 | | medication (school nurse, trained personnel, or student); | 13 | | (7) the outcome of the asthma medication | 14 | | administration; and | 15 | | (8)
any other information required by the State Board. | 16 | | (j) By October 1, 2015 and every year thereafter, the State | 17 | | Board of Education shall submit a report to the General | 18 | | Assembly identifying the frequency and circumstances of | 19 | | undesignated epinephrine and undesignated asthma medication | 20 | | administration during the preceding academic year. Beginning | 21 | | with the 2017 report, the report shall also contain information | 22 | | on which school districts, public schools, charter schools, and | 23 | | nonpublic schools maintain or have independent contractors | 24 | | providing transportation to students who maintain a supply of | 25 | | undesignated epinephrine auto-injectors. This report shall be | 26 | | published on the State Board's Internet website on the date the |
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| 1 | | report is delivered to the General Assembly. | 2 | | (j-5) Annually, each school district, public school, | 3 | | charter school, or nonpublic school shall request an asthma | 4 | | action plan from the parents or guardians of a pupil with | 5 | | asthma. If provided, the asthma action plan must be kept on | 6 | | file in the office of the school nurse or, in the absence of a | 7 | | school nurse, the school administrator. Copies of the asthma | 8 | | action plan may be distributed to appropriate school staff who | 9 | | interact with the pupil on a regular basis, and, if applicable, | 10 | | may be attached to the pupil's federal Section 504 plan or | 11 | | individualized education program plan. | 12 | | (j-10) To assist schools with emergency response | 13 | | procedures for asthma, the State Board of Education, in | 14 | | consultation with statewide professional organizations with | 15 | | expertise in asthma management and a statewide organization | 16 | | representing school administrators, shall develop a model | 17 | | asthma episode emergency response protocol before September 1, | 18 | | 2016. Each school district, charter school, and nonpublic | 19 | | school shall adopt an asthma episode emergency response | 20 | | protocol before January 1, 2017 that includes all of the | 21 | | components of the State Board's model protocol. | 22 | | (j-15) Every 2 years, school personnel who work with pupils | 23 | | shall complete an in-person or online training program on the | 24 | | management of asthma, the prevention of asthma symptoms, and | 25 | | emergency response in the school setting. In consultation with | 26 | | statewide professional organizations with expertise in asthma |
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| 1 | | management, the State Board of Education shall make available | 2 | | resource materials for educating school personnel about asthma | 3 | | and emergency response in the school setting. | 4 | | (j-20) On or before October 1, 2016 and every year | 5 | | thereafter, the State Board of Education shall submit a report | 6 | | to the General Assembly and the Department of Public Health | 7 | | identifying the frequency and circumstances of opioid | 8 | | antagonist administration during the preceding academic year. | 9 | | This report shall be published on the State Board's Internet | 10 | | website on the date the report is delivered to the General | 11 | | Assembly. | 12 | | (k) The State Board of Education may adopt rules necessary | 13 | | to implement this Section. | 14 | | (l) Nothing in this Section shall limit the amount of | 15 | | epinephrine auto-injectors that any type of school or student | 16 | | may carry or maintain a supply of. | 17 | | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | 18 | | 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff. | 19 | | 8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18 .)
| 20 | | (105 ILCS 5/27A-5)
| 21 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 22 | | (a) A charter school shall be a public, nonsectarian, | 23 | | nonreligious, non-home
based, and non-profit school. A charter | 24 | | school shall be organized and operated
as a nonprofit | 25 | | corporation or other discrete, legal, nonprofit entity
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| 1 | | authorized under the laws of the State of Illinois.
| 2 | | (b) A charter school may be established under this Article | 3 | | by creating a new
school or by converting an existing public | 4 | | school or attendance center to
charter
school status.
Beginning | 5 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 6 | | all new
applications to establish
a charter
school in a city | 7 | | having a population exceeding 500,000, operation of the
charter
| 8 | | school shall be limited to one campus. The changes made to this | 9 | | Section by Public Act 93-3 do not apply to charter schools | 10 | | existing or approved on or before April 16, 2003 (the
effective | 11 | | date of Public Act 93-3). | 12 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 13 | | a cyber school where students engage in online curriculum and | 14 | | instruction via the Internet and electronic communication with | 15 | | their teachers at remote locations and with students | 16 | | participating at different times. | 17 | | From April 1, 2013 through December 31, 2016, there is a | 18 | | moratorium on the establishment of charter schools with | 19 | | virtual-schooling components in school districts other than a | 20 | | school district organized under Article 34 of this Code. This | 21 | | moratorium does not apply to a charter school with | 22 | | virtual-schooling components existing or approved prior to | 23 | | April 1, 2013 or to the renewal of the charter of a charter | 24 | | school with virtual-schooling components already approved | 25 | | prior to April 1, 2013. | 26 | | On or before March 1, 2014, the Commission shall submit to |
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| 1 | | the General Assembly a report on the effect of | 2 | | virtual-schooling, including without limitation the effect on | 3 | | student performance, the costs associated with | 4 | | virtual-schooling, and issues with oversight. The report shall | 5 | | include policy recommendations for virtual-schooling.
| 6 | | (c) A charter school shall be administered and governed by | 7 | | its board of
directors or other governing body
in the manner | 8 | | provided in its charter. The governing body of a charter school
| 9 | | shall be subject to the Freedom of Information Act and the Open | 10 | | Meetings Act.
| 11 | | (d) For purposes of this subsection (d), "non-curricular | 12 | | health and safety requirement" means any health and safety | 13 | | requirement created by statute or rule to provide, maintain, | 14 | | preserve, or safeguard safe or healthful conditions for | 15 | | students and school personnel or to eliminate, reduce, or | 16 | | prevent threats to the health and safety of students and school | 17 | | personnel. "Non-curricular health and safety requirement" does | 18 | | not include any course of study or specialized instructional | 19 | | requirement for which the State Board has established goals and | 20 | | learning standards or which is designed primarily to impart | 21 | | knowledge and skills for students to master and apply as an | 22 | | outcome of their education. | 23 | | A charter school shall comply with all non-curricular | 24 | | health and safety
requirements applicable to public schools | 25 | | under the laws of the State of
Illinois. On or before September | 26 | | 1, 2015, the State Board shall promulgate and post on its |
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| 1 | | Internet website a list of non-curricular health and safety | 2 | | requirements that a charter school must meet. The list shall be | 3 | | updated annually no later than September 1. Any charter | 4 | | contract between a charter school and its authorizer must | 5 | | contain a provision that requires the charter school to follow | 6 | | the list of all non-curricular health and safety requirements | 7 | | promulgated by the State Board and any non-curricular health | 8 | | and safety requirements added by the State Board to such list | 9 | | during the term of the charter. Nothing in this subsection (d) | 10 | | precludes an authorizer from including non-curricular health | 11 | | and safety requirements in a charter school contract that are | 12 | | not contained in the list promulgated by the State Board, | 13 | | including non-curricular health and safety requirements of the | 14 | | authorizing local school board.
| 15 | | (e) Except as otherwise provided in the School Code, a | 16 | | charter school shall
not charge tuition; provided that a | 17 | | charter school may charge reasonable fees
for textbooks, | 18 | | instructional materials, and student activities.
| 19 | | (f) A charter school shall be responsible for the | 20 | | management and operation
of its fiscal affairs including,
but | 21 | | not limited to, the preparation of its budget. An audit of each | 22 | | charter
school's finances shall be conducted annually by an | 23 | | outside, independent
contractor retained by the charter | 24 | | school. To ensure financial accountability for the use of | 25 | | public funds, on or before December 1 of every year of | 26 | | operation, each charter school shall submit to its authorizer |
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| 1 | | and the State Board a copy of its audit and a copy of the Form | 2 | | 990 the charter school filed that year with the federal | 3 | | Internal Revenue Service. In addition, if deemed necessary for | 4 | | proper financial oversight of the charter school, an authorizer | 5 | | may require quarterly financial statements from each charter | 6 | | school.
| 7 | | (g) A charter school shall comply with all provisions of | 8 | | this Article, the Illinois Educational Labor Relations Act, all | 9 | | federal and State laws and rules applicable to public schools | 10 | | that pertain to special education and the instruction of | 11 | | English learners, and
its charter. A charter
school is exempt | 12 | | from all other State laws and regulations in this Code
| 13 | | governing public
schools and local school board policies; | 14 | | however, a charter school is not exempt from the following:
| 15 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 16 | | criminal
history records checks and checks of the Statewide | 17 | | Sex Offender Database and Statewide Murderer and Violent | 18 | | Offender Against Youth Database of applicants for | 19 | | employment;
| 20 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 21 | | 34-84a of this Code regarding discipline of
students;
| 22 | | (3) the Local Governmental and Governmental Employees | 23 | | Tort Immunity Act;
| 24 | | (4) Section 108.75 of the General Not For Profit | 25 | | Corporation Act of 1986
regarding indemnification of | 26 | | officers, directors, employees, and agents;
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| 1 | | (5) the Abused and Neglected Child Reporting Act;
| 2 | | (5.5) subsection (b) of Section 10-23.12 and | 3 | | subsection (b) of Section 34-18.6 of this Code; | 4 | | (6) the Illinois School Student Records Act;
| 5 | | (7) Section 10-17a of this Code regarding school report | 6 | | cards;
| 7 | | (8) the P-20 Longitudinal Education Data System Act; | 8 | | (9) Section 27-23.7 of this Code regarding bullying | 9 | | prevention; | 10 | | (10) Section 2-3.162 of this Code regarding student | 11 | | discipline reporting; | 12 | | (11) Sections 22-80 and 27-8.1 of this Code; and | 13 | | (12) Sections 10-20.60 and 34-18.53 of this Code ; . | 14 | | (13) (12) Sections 10-20.63 10-20.60 and 34-18.56 | 15 | | 34-18.53 of this Code ; . | 16 | | (14) (12) Section 26-18 of this Code ; and . | 17 | | (15) Section 22-30 of this Code. | 18 | | The change made by Public Act 96-104 to this subsection (g) | 19 | | is declaratory of existing law. | 20 | | (h) A charter school may negotiate and contract with a | 21 | | school district, the
governing body of a State college or | 22 | | university or public community college, or
any other public or | 23 | | for-profit or nonprofit private entity for: (i) the use
of a | 24 | | school building and grounds or any other real property or | 25 | | facilities that
the charter school desires to use or convert | 26 | | for use as a charter school site,
(ii) the operation and |
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| 1 | | maintenance thereof, and
(iii) the provision of any service, | 2 | | activity, or undertaking that the charter
school is required to | 3 | | perform in order to carry out the terms of its charter.
| 4 | | However, a charter school
that is established on
or
after April | 5 | | 16, 2003 (the effective date of Public Act 93-3) and that | 6 | | operates
in a city having a population exceeding
500,000 may | 7 | | not contract with a for-profit entity to
manage or operate the | 8 | | school during the period that commences on April 16, 2003 (the
| 9 | | effective date of Public Act 93-3) and
concludes at the end of | 10 | | the 2004-2005 school year.
Except as provided in subsection (i) | 11 | | of this Section, a school district may
charge a charter school | 12 | | reasonable rent for the use of the district's
buildings, | 13 | | grounds, and facilities. Any services for which a charter | 14 | | school
contracts
with a school district shall be provided by | 15 | | the district at cost. Any services
for which a charter school | 16 | | contracts with a local school board or with the
governing body | 17 | | of a State college or university or public community college
| 18 | | shall be provided by the public entity at cost.
| 19 | | (i) In no event shall a charter school that is established | 20 | | by converting an
existing school or attendance center to | 21 | | charter school status be required to
pay rent for space
that is | 22 | | deemed available, as negotiated and provided in the charter | 23 | | agreement,
in school district
facilities. However, all other | 24 | | costs for the operation and maintenance of
school district | 25 | | facilities that are used by the charter school shall be subject
| 26 | | to negotiation between
the charter school and the local school |
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| 1 | | board and shall be set forth in the
charter.
| 2 | | (j) A charter school may limit student enrollment by age or | 3 | | grade level.
| 4 | | (k) If the charter school is approved by the Commission, | 5 | | then the Commission charter school is its own local education | 6 | | agency. | 7 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 8 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 9 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 10 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 11 | | 1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)".
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