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Public Act 92-0663
HB3744 Enrolled LRB9210121NTsb
AN ACT concerning schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Sections
10-20.35 and 34-18.23 as follows:
(105 ILCS 5/10-20.35 new)
Sec. 10-20.35. Psychotropic or psychostimulant
medication; disciplinary action.
(a) In this Section:
"Psychostimulant medication" means medication that
produces increased levels of mental and physical energy and
alertness and an elevated mood by stimulating the central
nervous system.
"Psychotropic medication" means psychotropic medication
as defined in Section 1-121.1 of the Mental Health and
Developmental Disabilities Code.
(b) Each school board must adopt and implement a policy
that prohibits any disciplinary action that is based totally
or in part on the refusal of a student's parent or guardian
to administer or consent to the administration of
psychotropic or psychostimulant medication to the student.
The policy must require that, at least once every 2
years, the in-service training of certified school personnel
and administrators include training on current best practices
regarding the identification and treatment of attention
deficit disorder and attention deficit hyperactivity
disorder, the application of non-aversive behavioral
interventions in the school environment, and the use of
psychotropic or psychostimulant medication for school-age
children.
(c) This Section does not prohibit school medical staff,
an individualized educational program team, or a professional
worker (as defined in Section 14-1.10 of this Code) from
recommending that a student be evaluated by an appropriate
medical practitioner or prohibit school personnel from
consulting with the practitioner with the consent of the
student's parents or guardian.
(105 ILCS 5/34-18.23 new)
Sec. 34-18.23. Psychotropic or psychostimulant
medication; disciplinary action.
(a) In this Section:
"Psychostimulant medication" means medication that
produces increased levels of mental and physical energy and
alertness and an elevated mood by stimulating the central
nervous system.
"Psychotropic medication" means psychotropic medication
as defined in Section 1-121.1 of the Mental Health and
Developmental Disabilities Code.
(b) The board must adopt and implement a policy that
prohibits any disciplinary action that is based totally or in
part on the refusal of a student's parent or guardian to
administer or consent to the administration of psychotropic
or psychostimulant medication to the student.
The policy must require that, at least once every 2
years, the in-service training of certified school personnel
and administrators include training on current best practices
regarding the identification and treatment of attention
deficit disorder and attention deficit hyperactivity
disorder, the application of non-aversive behavioral
interventions in the school environment, and the use of
psychotropic or psychostimulant medication for school-age
children.
(c) This Section does not prohibit school medical staff,
an individualized educational program team, or a professional
worker (as defined in Section 14-1.10 of this Code) from
recommending that a student be evaluated by an appropriate
medical practitioner or prohibit school personnel from
consulting with the practitioner with the consent of the
student's parents or guardian.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
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