Public Act 096-1485
 
HB6065 EnrolledLRB096 20790 MJR 36544 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
 
    Section 1. Short title. This Act may be cited as the Care 
of Students with Diabetes Act.
 
    Section 5. Legislative findings.  The General Assembly 
finds the following:
        (1) Diabetes is a serious chronic disease in which the 
    pancreas does not make insulin (Type 1) or the body cannot 
    use insulin properly (Type 2).

        (2) Diabetes must be managed 24 hours a day to avoid 
    the potentially life-threatening, short-term consequences 
    of low blood sugar and prevent or delay the serious 
    complications caused by blood sugar levels that are too 
    high for too long, such as atherosclerosis, coronary artery 
    disease, peripheral vascular disease, hypertension, 
    blindness, kidney failure, amputation, and stroke.

        (3) Federal law affords people with diabetes specific 
    rights and protections. These laws include Section 504 of 
    the Rehabilitation Act of 1973, the Individuals with 
    Disabilities Education Improvement Act of 2004, and the 
    Americans with Disabilities Act of 1990, and the ADA 
    Amendments Act of 2008.

        (4) Federal laws enforced consistently in schools 
    provide students with diabetes equal  educational 
    opportunities and a healthy and safe environment.
        (5) A school nurse is the most appropriate person in a 
    school setting to provide for all students' healthcare 
    needs; however, a school nurse may not be available when 
    needed, and many schools do not have a full-time nurse.

        (6) Many students are capable of checking their blood 
    glucose levels, calculating a carbohydrate-to-insulin 
    ratio, and administering insulin independently. Allowing 
    capable students to manage diabetes independently in 
    school is consistent with the recommendations of pediatric 
    endocrinologists and certified diabetes educators and 
    other specialists.

        (7) Because appropriate and consistent diabetes care 
    decreases the risks of serious short-term and long-term 
    complications, increases a student's learning 
    opportunities, and promotes individual and public health 
    benefits, the General Assembly deems it in the public 
    interest to enact this Act.

 
    Section 10. Definitions. As used in this Act:

    "Delegated care aide" means a school employee who has 
agreed to receive training in diabetes care and to assist 
students in implementing their diabetes care plan and has 
entered into an agreement with a parent or guardian and the 
school district or private school.

    "Diabetes care plan" means a document that specifies the 
diabetes-related services needed by a student at school and at 
school-sponsored activities and identifies the appropriate 
staff to provide and supervise these services.

    "Health care provider" means a physician licensed to 
practice medicine in all of its branches, advanced practice 
nurse who has a written agreement with a collaborating 
physician who authorizes the provision of diabetes care, or a 
physician assistant who has a written supervision agreement 
with a supervising physician who authorizes the provision of 
diabetes care.
    "Principal" means the principal of the school.

    "School" means any primary or secondary public, charter, or 
private school located in this State.

    "School employee" means a person who is employed by a 
public school district or private school, a person who is 
employed by a local health department and assigned to a school, 
or a person who contracts with a school or school district to 
perform services in connection with a student's diabetes care 
plan.
This definition must not be interpreted as requiring a 
school district or private school to hire additional personnel 
for the sole purpose of serving as a designated care aide.
 
    Section 15. Diabetes care plan.

    (a) A diabetes care plan shall serve as the basis of a 
student's Section 504 plan (29 U.S.C. Sec. 794) and shall be 
signed by a student's parent or guardian and submitted to the 
school for any student with diabetes who seeks assistance with 
diabetes care in the school setting, unless the student has 
been managing his or her diabetes care in the school setting 
before the effective date of this Act, in which case the 
student's parent or guardian may sign and submit a diabetes 
care plan under this Act.  It is the responsibility  of the 
student's parent or guardian to share the health care 
provider's instructions concerning the student's diabetes 
management during the school day.
The diabetes care plan shall 
include the treating health care provider's instructions 
concerning the student's diabetes management during the school 
day, including a copy of the signed prescription and the 
methods of insulin administration.
    (b) The services and accommodations specified in a diabetes 
care plan shall be reasonable, reflect the current standard of 
diabetes care, include appropriate safeguards to ensure that 
syringes and lancets are disposed of properly, and include 
requirements for diet, glucose testing, insulin 
administration, and treatment for hypoglycemia, hyperglycemia, 
and emergency situations.

    (c) A diabetes care plan shall include a uniform record of 
glucometer readings and insulin administered by the school 
nurse or delegated care aide during the school day using a 
standardized format provided by the State Board of Education.
    (d) A diabetes care plan shall include procedures regarding 
when a delegated care aide shall consult with the parent or 
guardian, school nurse, where available, or health care 
provider to confirm that an insulin dosage is appropriate.
    (e) A diabetes care plan shall be submitted to the school 
at the beginning of the school year; upon enrollment, as soon 
as practical following a student's diagnosis; or when a 
student's care needs change during the school year.
Parents 
shall be responsible for informing the school in a timely 
manner of any changes to the diabetes care plan and their 
emergency contact numbers.
 
    Section 20. Delegated care aides.

    (a) Delegated care aides shall perform the duties necessary 
to assist a student with diabetes in accordance with his or her 
diabetes care plan and in compliance with any guidelines 
provided during training under Section 25 of this Act.

    (b) In accordance with the diabetes care plan or when an 
unexpected snack or meal requires a dose of insulin not 
anticipated by a student's diabetes care plan, the delegated 
care aide shall consult with the parent or guardian, school 
nurse, where available, or health care provider to confirm that 
the insulin dosage is appropriate given the number of 
carbohydrates to be taken and the student's blood glucose level 
as determined by a glucometer reading.
    (c) The principal shall facilitate compliance with the 
provisions of a diabetes care plan.

    (d) Delegated care aides are authorized to provide 
assistance by a student's parents or guardian and the school 
district or private school.
 
    Section 25. Training for school employees and delegated 
care aides.

    (a) In schools that have a student with diabetes, all 
school employees shall receive training in the basics of 
diabetes care, how to identify when a student with diabetes 
needs immediate or emergency medical attention, and whom to 
contact in the case of an emergency during a regular in-service 
training as provided for by Section 10-22.39 of the School 
Code.
    (b) Delegated care aides shall be trained to perform the 
tasks necessary to assist a student with diabetes in accordance 
with his or her diabetes care plan, including training to do 
the following:

        (1) check blood glucose and record results;

        (2) recognize and respond to the symptoms of 
    hypoglycemia according to the diabetes care plan;

        (3) recognize and respond to the symptoms of 
    hyperglycemia according to the diabetes care plan;

        (4) estimate the number of carbohydrates in a snack or 
    lunch;

        (5) administer insulin according to the student's 
    diabetes care plan and keep a record of the amount 
    administered; and
        (6) respond in an emergency, including how to 
    administer glucagon and call 911.
    (c) The school district shall coordinate staff training.
    (d) Initial training shall be provided by a licensed 
healthcare provider with expertise in diabetes or a certified 
diabetic educator and individualized by a student's parent or 
guardian. Training must be consistent with the guidelines 
provided by the U.S. Department of Health and Human Services in 
the guide for school personnel entitled "Helping the Student 
with Diabetes Succeed". The training shall be updated when the 
diabetes care plan is changed and at least annually.

    (e) School nurses, where available, or health care 
providers may provide technical assistance or consultation or 
both to delegated care aides.
    (f) An information sheet shall be provided to any school 
employee who transports a student for school-sponsored 
activities. It shall identify the student with diabetes, 
identify potential emergencies that may occur as a result of 
the student's diabetes and the appropriate responses to such 
emergencies, and provide emergency contact information.
 
    Section 30. Self-management.
Provided that the student is 
authorized according to his or her diabetes care plan, a 
student shall be permitted to do the following:
        (1) check blood glucose when and wherever needed;
        (2) administer insulin with the insulin delivery 
    system used by the student;

        (3) treat hypoglycemia and hyperglycemia and otherwise 
    attend to the care and management of his or her diabetes in 
    the classroom, in any area of the school or school grounds 
    and at any school-related activity or event in accordance 
    with the diabetes care plan; and
        (4)
possess on his or her person, at all times, the 
    supplies and equipment necessary to monitor and treat 
    diabetes, including, but not limited to, glucometers, 
    lancets, test strips, insulin, syringes, insulin pens and 
    needle tips, insulin pumps, infusion sets, alcohol swabs, a 
    glucagon injection kit, glucose tablets, and food and 
    drink, in accordance with the diabetes care plan.

 
    Section 35. Restricting access to school prohibited.
A 
school district shall not restrict the assignment of a student 
with diabetes to a particular school on the basis that the 
school does not have a full-time school nurse, nor shall a 
school deny a student access to any school or school-related 
activities on the basis that a student has diabetes.

 
    Section 40. Protections against retaliation.
A school 
employee shall not be subject to any penalty, sanction, 
reprimand, discharge, demotion, denial of a promotion, 
withdrawal of benefits, or other disciplinary action for 
choosing not to agree to serve as a delegated care aide.

 
    Section 45. Civil immunity.

    (a) A school or a school employee is not liable for civil 
or other damages as a result of conduct, other than willful or 
wanton misconduct, related to the care of a student with 
diabetes.

    (b) A school employee shall not be subject to any 
disciplinary proceeding resulting from an action taken in 
compliance with this Act, unless the action constitutes willful 
or wanton misconduct.

 
    Section 50. Federal law.  Nothing in this Act shall limit 
any rights available under federal law.
 
    Section 95. The State Mandates Act is amended by adding 
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 96th General Assembly.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  12/1/2010