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92nd General Assembly

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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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