SB3471 96TH GENERAL ASSEMBLY

LRB096 17667 NHT 33027 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3471

Introduced 2/10/2010, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-32 new
30 ILCS 805/8.34 new

Amends the School Code. Provides that if a public or nonpublic school is or has been notified of a pupil's asthma diagnosis, then the school shall request from the pupil's parents or guardians the pupil's current asthma action plan. Provides that if the pupil does not have an asthma action plan, then the school shall advise the parent or guardian on how to obtain an asthma action plan from the pupil's physician or medical care provider. Provides that if the school receives a pupil's asthma action plan, then the school shall evaluate the pupil for accommodations pursuant to the federal Rehabilitation Act of 1973. Provides that if the pupil requires an accommodations plan under federal law, then the pupil's asthma action plan must be integrated into the accommodations plan or into the pupil's Individualized Education Program if one has been developed for the child. Provides that if the school does not receive a copy of a pupil's asthma action plan after advising the parent or guardian on how to obtain an asthma action plan, then the school shall evaluate the pupil for accommodations pursuant to the federal Rehabilitation Act of 1973. Requires the State Board of Education to develop a template for a respiratory emergency action plan and distribute it to all school personnel in this State for use in the event that a child without an asthma action plan suffers an asthma attack or other respiratory emergency. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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 Section 22-32 as follows:

(105 ILCS 5/22-32 new)

Sec. 22-32. Asthma management.

(a) The General Assembly finds all of the following:

(1) Asthma is a chronic condition requiring lifetime, ongoing medical intervention, and, if intervention is delayed or unavailable, symptoms can escalate and result in increased severity of the disease, hospitalization, or death.

(2) Nationwide, 39.5 million Americans have been diagnosed with asthma during their lifetime.

(3) Over the past 20 years, this State has had one of the highest asthma mortality rates in the nation and increasing rates of asthma prevalence, morbidity, and mortality.

(4) The Centers for Disease Control and Prevention (CDC) recommend that all asthmatic individuals have an asthma action plan containing daily treatment information, a long-term treatment plan, and instructions for handling an asthma attack.

(5) The CDC recommends that all people who care for asthmatic children should know how to follow a child's asthma action plan.

(6) To ensure the maximum safety of children diagnosed with asthma, school personnel should know how to follow a child's asthma action plan.

(b) In this Section:

"Asthma action plan" means a written plan that details the daily management of asthma, including medications and environmental control strategies, and how to recognize and respond to worsening asthma.

"Medication" has the same meaning ascribed to that term in Section 22-30 of this Code.

"Self-administration" has the same meaning ascribed to that term in Section 22-30 of this Code.

(c) If a public or nonpublic school in this State is or has been notified of a pupil's asthma diagnosis by a request for self-administration of medication, a proof of health examination form, or any other means of notification, then the school shall request from the pupil's parents or guardians, in writing, the pupil's current asthma action plan. If the pupil does not have an asthma action plan, then the school shall advise the parent or guardian on how to obtain an asthma action plan from the pupil's physician or medical care provider.

(d) If a public or nonpublic school in this State receives a pupil's asthma action plan, then the school shall evaluate the pupil for accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973. If the pupil requires a Section 504 Accommodations Plan, then the pupil's asthma action plan must be integrated into the Section 504 Accommodations Plan or into the pupil's Individualized Education Program if one has been developed for the child. If the school is notified of a pupil's asthma diagnosis by a request for self-administration of medication, a proof of health examination form, or any other means of notification, but does not receive a copy of the pupil's asthma action plan after advising the parent or guardian on how to obtain an asthma action plan from the pupil's physician or medical care provider, then the school shall evaluate the pupil for accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973.

(e) The State Board of Education shall develop a template for a respiratory emergency action plan and distribute it to all school personnel in this State for use in the event that a child without an asthma action plan suffers an asthma attack or other respiratory emergency.

Section 90. 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.