Bill Text: IL HB1475 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student's school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student's seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Slight Partisan Bill (Democrat 25-11)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0050 [HB1475 Detail]

Download: Illinois-2019-HB1475-Chaptered.html



Public Act 101-0050
HB1475 EnrolledLRB101 06173 AXK 51195 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
Seizure Smart School Act.
Section 5. Findings. The General Assembly finds all of the
following:
(1) Over 200,000 people in the State of Illinois have
epilepsy.
(2) Epilepsy is the fourth most common neurological
disorder in the United States, after migraines, strokes,
and Alzheimer's disease.
(3) The prevalence of epilepsy is greater than autism
spectrum disorder, cerebral palsy, multiple sclerosis, and
Parkinson's disease combined.
(4) One-third of people with epilepsy live with
uncontrollable seizures.
(5) Fifty thousand people die from epilepsy-related
causes in the United States every year.
(6) Federal law affords people with epilepsy specific
rights and protections. These laws include Section 504 of
the Rehabilitation Act of 1973, the Individuals with
Disabilities Education Improvement Act of 2004, the
Americans with Disabilities Act of 1990, and the ADA
Amendments Act of 2008.
Section 10. Definitions. In this Act:
"Delegated care aide" means a school employee or
paraprofessional who has agreed to receive training in epilepsy
and assist a student in implementing his or her seizure action
plan and who has entered into an agreement with a parent or
guardian of that student.
"School" means any primary or secondary public, charter, or
nonpublic school located in this State.
"School employee" means a person who is employed by a
school district or school as a nurse, principal, administrator,
guidance counselor, or teacher, 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 seizure action plan.
This definition may not be interpreted to require a school
district, charter school, or nonpublic school to hire
additional personnel for the sole purpose of the personnel to
serve as a delegated care aide.
"Seizure action plan" means a document that specifies the
services needed by a student with epilepsy at school and at
school-sponsored activities and delegates to a delegated care
aide the authority to provide and supervise these services.
Section 15. Seizure action plan.
(a) For a student with epilepsy, a seizure action plan
shall serve as the basis of the student's federal Section 504
plan and must be signed by the student's parent or guardian if
the student seeks assistance with epilepsy-related care in a
school setting. If the student has been managing his or her
epilepsy care in a school setting before the effective date of
this Act, the student's parent or guardian may sign and submit
a seizure action plan with the student's school. It is the
responsibility of the student's parent or guardian to share the
health care provider's instructions on the student's epilepsy
management during the school day, including a copy of any
prescriptions and the methods of administering those
prescriptions.
(b) The services and accommodations specified in a seizure
action plan must be reasonable, reflect the current best
practice guidelines of seizure-management care, and include
appropriate safeguards to ensure the proper disposal of used
equipment and medication.
(c) A seizure action plan must be submitted to the
student's school (i) at the beginning of the school year, (ii)
upon enrollment, as soon practicable following the student's
diagnosis, or (iii) when a student's care needs change during
the school year. A student's parent or guardian is responsible
for informing the school, in a timely manner, of any changes to
the student's seizure action plan and emergency contact
information.
Section 20. Delegated care aides.
(a) A delegated care aide shall perform the activities and
tasks necessary to assist a student with epilepsy in accordance
with the student's seizure action plan.
(b) The principal of a school shall facilitate the school's
compliance with the provisions of a student's seizure action
plan.
Section 25. Training for school employees and delegated
care aides.
(a) During an inservice training workshop under Section
3-11 of the School Code, all school employees shall receive
training in the basics of seizure recognition and first aid and
appropriate emergency protocols. The training must be fully
consistent with the best practice guidelines issued by the
Centers for Disease Control and Prevention.
(b) In a school in which at least one student with epilepsy
is enrolled, a delegated care aide must be trained to perform
the tasks necessary to assist the student in accordance with
his or her seizure action plan.
(c) The training of a delegated care aide must be provided
by a licensed health care provider with an expertise in
epilepsy or an epilepsy educator who has successfully completed
the relevant curricula offered by the Centers for Disease
Control and Prevention.
(d) If applicable, a seizure action plan must be provided
to any school employee who transports a student with epilepsy
to a school-sponsored activity.
Section 30. Self-management. In accordance with his or her
seizure action plan, a student must be permitted to possess on
his or her person, at all times, the supplies, equipment, and
medication necessary to treat epilepsy.
Section 35. Restricting access to school prohibited. A
school district may not restrict the assignment of a student
with epilepsy to a particular school on the basis that the
school does not have a full-time school nurse, and a school may
not deny a student access to the school or any school-related
activity on the basis that the student has epilepsy.
Section 40. Protection against retaliation. A school
employee may 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 volunteer to serve as a delegated care aide.
Section 45. Immunity.
(a) A school or a school employee who is in compliance with
Section 25 of this Act 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 epilepsy.
(b) A school employee may 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 limits any
rights available under federal law.
Section 90. The School Code is amended by changing Section
27A-5 as follows:
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code; and
(14) Section 26-18 of this Code; and
(15) Section 22-30 of this Code; and .
(16) The Seizure Smart School Act.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
eff. 8-14-18; revised 10-5-18.)
Section 95. The State Mandates Act is amended by adding
Section 8.43 as follows:
(30 ILCS 805/8.43 new)
Sec. 8.43. 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 the Seizure Smart
School Act.
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