Illinois General Assembly - Full Text of SB3015
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Full Text of SB3015  100th General Assembly

SB3015enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3015 EnrolledLRB100 18967 AXK 34217 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
522-30 and 27A-5 as follows:
 
6    (105 ILCS 5/22-30)
7    Sec. 22-30. Self-administration and self-carry of asthma
8medication and epinephrine auto-injectors; administration of
9undesignated epinephrine auto-injectors; administration of an
10opioid antagonist; administration of undesignated asthma
11medication; asthma episode emergency response protocol.
12    (a) For the purpose of this Section only, the following
13terms shall have the meanings set forth below:
14    "Asthma action plan" means a written plan developed with a
15pupil's medical provider to help control the pupil's asthma.
16The goal of an asthma action plan is to reduce or prevent
17flare-ups and emergency department visits through day-to-day
18management and to serve as a student-specific document to be
19referenced in the event of an asthma episode.
20    "Asthma episode emergency response protocol" means a
21procedure to provide assistance to a pupil experiencing
22symptoms of wheezing, coughing, shortness of breath, chest
23tightness, or breathing difficulty.

 

 

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1    "Asthma inhaler" means a quick reliever asthma inhaler.
2    "Epinephrine auto-injector" means a single-use device used
3for the automatic injection of a pre-measured dose of
4epinephrine into the human body.
5    "Asthma medication" means quick-relief asthma medication,
6including albuterol or other short-acting bronchodilators,
7that is approved by the United States Food and Drug
8Administration for the treatment of respiratory distress.
9"Asthma medication" includes medication delivered through a
10device, including a metered dose inhaler with a reusable or
11disposable spacer or a nebulizer with a mouthpiece or mask a
12medicine, prescribed by (i) a physician licensed to practice
13medicine in all its branches, (ii) a licensed physician
14assistant with prescriptive authority, or (iii) a licensed
15advanced practice registered nurse with prescriptive authority
16for a pupil that pertains to the pupil's asthma and that has an
17individual prescription label.
18    "Opioid antagonist" means a drug that binds to opioid
19receptors and blocks or inhibits the effect of opioids acting
20on those receptors, including, but not limited to, naloxone
21hydrochloride or any other similarly acting drug approved by
22the U.S. Food and Drug Administration.
23    "Respiratory distress" means the perceived or actual
24presence of wheezing, coughing, shortness of breath, chest
25tightness, breathing difficulty, or any other symptoms
26consistent with asthma. Respiratory distress may be

 

 

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1categorized as "mild-to-moderate" or "severe".
2    "School nurse" means a registered nurse working in a school
3with or without licensure endorsed in school nursing.
4    "Self-administration" means a pupil's discretionary use of
5his or her prescribed asthma medication or epinephrine
6auto-injector.
7    "Self-carry" means a pupil's ability to carry his or her
8prescribed asthma medication or epinephrine auto-injector.
9    "Standing protocol" may be issued by (i) a physician
10licensed to practice medicine in all its branches, (ii) a
11licensed physician assistant with prescriptive authority, or
12(iii) a licensed advanced practice registered nurse with
13prescriptive authority.
14    "Trained personnel" means any school employee or volunteer
15personnel authorized in Sections 10-22.34, 10-22.34a, and
1610-22.34b of this Code who has completed training under
17subsection (g) of this Section to recognize and respond to
18anaphylaxis, an opioid overdose, or respiratory distress.
19    "Undesignated asthma medication" means asthma medication
20prescribed in the name of a school district, public school,
21charter school, or nonpublic school.
22    "Undesignated epinephrine auto-injector" means an
23epinephrine auto-injector prescribed in the name of a school
24district, public school, charter school, or nonpublic school.
25    (b) A school, whether public, charter, or nonpublic, must
26permit the self-administration and self-carry of asthma

 

 

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1medication by a pupil with asthma or the self-administration
2and self-carry of an epinephrine auto-injector by a pupil,
3provided that:
4        (1) the parents or guardians of the pupil provide to
5    the school (i) written authorization from the parents or
6    guardians for (A) the self-administration and self-carry
7    of asthma medication or (B) the self-carry of asthma
8    medication or (ii) for (A) the self-administration and
9    self-carry of an epinephrine auto-injector or (B) the
10    self-carry of an epinephrine auto-injector, written
11    authorization from the pupil's physician, physician
12    assistant, or advanced practice registered nurse; and
13        (2) the parents or guardians of the pupil provide to
14    the school (i) the prescription label, which must contain
15    the name of the asthma medication, the prescribed dosage,
16    and the time at which or circumstances under which the
17    asthma medication is to be administered, or (ii) for the
18    self-administration or self-carry of an epinephrine
19    auto-injector, a written statement from the pupil's
20    physician, physician assistant, or advanced practice
21    registered nurse containing the following information:
22            (A) the name and purpose of the epinephrine
23        auto-injector;
24            (B) the prescribed dosage; and
25            (C) the time or times at which or the special
26        circumstances under which the epinephrine

 

 

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1        auto-injector is to be administered.
2The information provided shall be kept on file in the office of
3the school nurse or, in the absence of a school nurse, the
4school's administrator.
5    (b-5) A school district, public school, charter school, or
6nonpublic school may authorize the provision of a
7student-specific or undesignated epinephrine auto-injector to
8a student or any personnel authorized under a student's
9Individual Health Care Action Plan, Illinois Food Allergy
10Emergency Action Plan and Treatment Authorization Form, or plan
11pursuant to Section 504 of the federal Rehabilitation Act of
121973 to administer an epinephrine auto-injector to the student,
13that meets the student's prescription on file.
14    (b-10) The school district, public school, charter school,
15or nonpublic school may authorize a school nurse or trained
16personnel to do the following: (i) provide an undesignated
17epinephrine auto-injector to a student for self-administration
18only or any personnel authorized under a student's Individual
19Health Care Action Plan, Illinois Food Allergy Emergency Action
20Plan and Treatment Authorization Form, or plan pursuant to
21Section 504 of the federal Rehabilitation Act of 1973, or
22individualized education program plan to administer to the
23student, that meets the student's prescription on file; (ii)
24administer an undesignated epinephrine auto-injector that
25meets the prescription on file to any student who has an
26Individual Health Care Action Plan, Illinois Food Allergy

 

 

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1Emergency Action Plan and Treatment Authorization Form, or plan
2pursuant to Section 504 of the federal Rehabilitation Act of
31973, or individualized education program plan that authorizes
4the use of an epinephrine auto-injector; (iii) administer an
5undesignated epinephrine auto-injector to any person that the
6school nurse or trained personnel in good faith believes is
7having an anaphylactic reaction; and (iv) administer an opioid
8antagonist to any person that the school nurse or trained
9personnel in good faith believes is having an opioid overdose;
10(v) provide undesignated asthma medication to a student for
11self-administration only or to any personnel authorized under a
12student's Individual Health Care Action Plan or asthma action
13plan, plan pursuant to Section 504 of the federal
14Rehabilitation Act of 1973, or individualized education
15program plan to administer to the student that meets the
16student's prescription on file; (vi) administer undesignated
17asthma medication that meets the prescription on file to any
18student who has an Individual Health Care Action Plan or asthma
19action plan, plan pursuant to Section 504 of the federal
20Rehabilitation Act of 1973, or individualized education
21program plan that authorizes the use of asthma medication; and
22(vii) administer undesignated asthma medication to any person
23that the school nurse or trained personnel believes in good
24faith is having respiratory distress.
25    (c) The school district, public school, charter school, or
26nonpublic school must inform the parents or guardians of the

 

 

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1pupil, in writing, that the school district, public school,
2charter school, or nonpublic school and its employees and
3agents, including a physician, physician assistant, or
4advanced practice registered nurse providing standing protocol
5and a or prescription for school epinephrine auto-injectors, an
6opioid antagonist, or undesignated asthma medication, are to
7incur no liability or professional discipline, except for
8willful and wanton conduct, as a result of any injury arising
9from the administration of asthma medication, an epinephrine
10auto-injector, or an opioid antagonist regardless of whether
11authorization was given by the pupil's parents or guardians or
12by the pupil's physician, physician assistant, or advanced
13practice registered nurse. The parents or guardians of the
14pupil must sign a statement acknowledging that the school
15district, public school, charter school, or nonpublic school
16and its employees and agents are to incur no liability, except
17for willful and wanton conduct, as a result of any injury
18arising from the administration of asthma medication, an
19epinephrine auto-injector, or an opioid antagonist regardless
20of whether authorization was given by the pupil's parents or
21guardians or by the pupil's physician, physician assistant, or
22advanced practice registered nurse and that the parents or
23guardians must indemnify and hold harmless the school district,
24public school, charter school, or nonpublic school and its
25employees and agents against any claims, except a claim based
26on willful and wanton conduct, arising out of the

 

 

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1administration of asthma medication, an epinephrine
2auto-injector, or an opioid antagonist regardless of whether
3authorization was given by the pupil's parents or guardians or
4by the pupil's physician, physician assistant, or advanced
5practice registered nurse.
6    (c-5) When a school nurse or trained personnel administers
7an undesignated epinephrine auto-injector to a person whom the
8school nurse or trained personnel in good faith believes is
9having an anaphylactic reaction, or administers an opioid
10antagonist to a person whom the school nurse or trained
11personnel in good faith believes is having an opioid overdose,
12or administers undesignated asthma medication to a person whom
13the school nurse or trained personnel in good faith believes is
14having respiratory distress, notwithstanding the lack of
15notice to the parents or guardians of the pupil or the absence
16of the parents or guardians signed statement acknowledging no
17liability, except for willful and wanton conduct, the school
18district, public school, charter school, or nonpublic school
19and its employees and agents, and a physician, a physician
20assistant, or an advanced practice registered nurse providing
21standing protocol and a or prescription for undesignated
22epinephrine auto-injectors, an opioid antagonist, or
23undesignated asthma medication, are to incur no liability or
24professional discipline, except for willful and wanton
25conduct, as a result of any injury arising from the use of an
26undesignated epinephrine auto-injector, or the use of an opioid

 

 

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1antagonist, or the use of undesignated asthma medication,
2regardless of whether authorization was given by the pupil's
3parents or guardians or by the pupil's physician, physician
4assistant, or advanced practice registered nurse.
5    (d) The permission for self-administration and self-carry
6of asthma medication or the self-administration and self-carry
7of an epinephrine auto-injector is effective for the school
8year for which it is granted and shall be renewed each
9subsequent school year upon fulfillment of the requirements of
10this Section.
11    (e) Provided that the requirements of this Section are
12fulfilled, a pupil with asthma may self-administer and
13self-carry his or her asthma medication or a pupil may
14self-administer and self-carry an epinephrine auto-injector
15(i) while in school, (ii) while at a school-sponsored activity,
16(iii) while under the supervision of school personnel, or (iv)
17before or after normal school activities, such as while in
18before-school or after-school care on school-operated property
19or while being transported on a school bus.
20    (e-5) Provided that the requirements of this Section are
21fulfilled, a school nurse or trained personnel may administer
22an undesignated epinephrine auto-injector to any person whom
23the school nurse or trained personnel in good faith believes to
24be having an anaphylactic reaction (i) while in school, (ii)
25while at a school-sponsored activity, (iii) while under the
26supervision of school personnel, or (iv) before or after normal

 

 

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1school activities, such as while in before-school or
2after-school care on school-operated property or while being
3transported on a school bus. A school nurse or trained
4personnel may carry undesignated epinephrine auto-injectors on
5his or her person while in school or at a school-sponsored
6activity.
7    (e-10) Provided that the requirements of this Section are
8fulfilled, a school nurse or trained personnel may administer
9an opioid antagonist to any person whom the school nurse or
10trained personnel in good faith believes to be having an opioid
11overdose (i) while in school, (ii) while at a school-sponsored
12activity, (iii) while under the supervision of school
13personnel, or (iv) before or after normal school activities,
14such as while in before-school or after-school care on
15school-operated property. A school nurse or trained personnel
16may carry an opioid antagonist on his or her their person while
17in school or at a school-sponsored activity.
18    (e-15) If the requirements of this Section are met, a
19school nurse or trained personnel may administer undesignated
20asthma medication to any person whom the school nurse or
21trained personnel in good faith believes to be experiencing
22respiratory distress (i) while in school, (ii) while at a
23school-sponsored activity, (iii) while under the supervision
24of school personnel, or (iv) before or after normal school
25activities, including before-school or after-school care on
26school-operated property. A school nurse or trained personnel

 

 

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1may carry undesignated asthma medication on his or her person
2while in school or at a school-sponsored activity.
3    (f) The school district, public school, charter school, or
4nonpublic school may maintain a supply of undesignated
5epinephrine auto-injectors in any secure location that is
6accessible before, during, and after school where an allergic
7person is most at risk, including, but not limited to,
8classrooms and lunchrooms. A physician, a physician assistant
9who has been delegated prescriptive authority in accordance
10with Section 7.5 of the Physician Assistant Practice Act of
111987, or an advanced practice registered nurse who has been
12delegated prescriptive authority in accordance with Section
1365-40 of the Nurse Practice Act may prescribe undesignated
14epinephrine auto-injectors in the name of the school district,
15public school, charter school, or nonpublic school to be
16maintained for use when necessary. Any supply of epinephrine
17auto-injectors shall be maintained in accordance with the
18manufacturer's instructions.
19    The school district, public school, charter school, or
20nonpublic school may maintain a supply of an opioid antagonist
21in any secure location where an individual may have an opioid
22overdose. A health care professional who has been delegated
23prescriptive authority for opioid antagonists in accordance
24with Section 5-23 of the Alcoholism and Other Drug Abuse and
25Dependency Act may prescribe opioid antagonists in the name of
26the school district, public school, charter school, or

 

 

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1nonpublic school, to be maintained for use when necessary. Any
2supply of opioid antagonists shall be maintained in accordance
3with the manufacturer's instructions.
4    The school district, public school, charter school, or
5nonpublic school may maintain a supply of asthma medication in
6any secure location that is accessible before, during, or after
7school where a person is most at risk, including, but not
8limited to, a classroom or the nurse's office. A physician, a
9physician assistant who has prescriptive authority under
10Section 7.5 of the Physician Assistant Practice Act of 1987, or
11an advanced practice registered nurse who has prescriptive
12authority under Section 65-40 of the Nurse Practice Act may
13prescribe undesignated asthma medication in the name of the
14school district, public school, charter school, or nonpublic
15school to be maintained for use when necessary. Any supply of
16undesignated asthma medication must be maintained in
17accordance with the manufacturer's instructions.
18    (f-3) Whichever entity initiates the process of obtaining
19undesignated epinephrine auto-injectors and providing training
20to personnel for carrying and administering undesignated
21epinephrine auto-injectors shall pay for the costs of the
22undesignated epinephrine auto-injectors.
23    (f-5) Upon any administration of an epinephrine
24auto-injector, a school district, public school, charter
25school, or nonpublic school must immediately activate the EMS
26system and notify the student's parent, guardian, or emergency

 

 

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1contact, if known.
2    Upon any administration of an opioid antagonist, a school
3district, public school, charter school, or nonpublic school
4must immediately activate the EMS system and notify the
5student's parent, guardian, or emergency contact, if known.
6    (f-10) Within 24 hours of the administration of an
7undesignated epinephrine auto-injector, a school district,
8public school, charter school, or nonpublic school must notify
9the physician, physician assistant, or advanced practice
10registered nurse who provided the standing protocol and a or
11prescription for the undesignated epinephrine auto-injector of
12its use.
13    Within 24 hours after the administration of an opioid
14antagonist, a school district, public school, charter school,
15or nonpublic school must notify the health care professional
16who provided the prescription for the opioid antagonist of its
17use.
18    Within 24 hours after the administration of undesignated
19asthma medication, a school district, public school, charter
20school, or nonpublic school must notify the student's parent or
21guardian or emergency contact, if known, and the physician,
22physician assistant, or advanced practice registered nurse who
23provided the standing protocol and a prescription for the
24undesignated asthma medication of its use. The district or
25school must follow up with the school nurse, if available, and
26may, with the consent of the child's parent or guardian, notify

 

 

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1the child's health care provider of record, as determined under
2this Section, of its use.
3    (g) Prior to the administration of an undesignated
4epinephrine auto-injector, trained personnel must submit to
5the their school's administration proof of completion of a
6training curriculum to recognize and respond to anaphylaxis
7that meets the requirements of subsection (h) of this Section.
8Training must be completed annually. The school district,
9public school, charter school, or nonpublic school must
10maintain records related to the training curriculum and trained
11personnel.
12    Prior to the administration of an opioid antagonist,
13trained personnel must submit to the their school's
14administration proof of completion of a training curriculum to
15recognize and respond to an opioid overdose, which curriculum
16must meet the requirements of subsection (h-5) of this Section.
17Training must be completed annually. Trained personnel must
18also submit to the school's administration proof of
19cardiopulmonary resuscitation and automated external
20defibrillator certification. The school district, public
21school, charter school, or nonpublic school must maintain
22records relating to the training curriculum and the trained
23personnel.
24    Prior to the administration of undesignated asthma
25medication, trained personnel must submit to the school's
26administration proof of completion of a training curriculum to

 

 

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1recognize and respond to respiratory distress, which must meet
2the requirements of subsection (h-10) of this Section. Training
3must be completed annually, and the school district, public
4school, charter school, or nonpublic school must maintain
5records relating to the training curriculum and the trained
6personnel.
7    (h) A training curriculum to recognize and respond to
8anaphylaxis, including the administration of an undesignated
9epinephrine auto-injector, may be conducted online or in
10person.
11    Training shall include, but is not limited to:
12        (1) how to recognize signs and symptoms of an allergic
13    reaction, including anaphylaxis;
14        (2) how to administer an epinephrine auto-injector;
15    and
16        (3) a test demonstrating competency of the knowledge
17    required to recognize anaphylaxis and administer an
18    epinephrine auto-injector.
19    Training may also include, but is not limited to:
20        (A) a review of high-risk areas within a school and its
21    related facilities;
22        (B) steps to take to prevent exposure to allergens;
23        (C) emergency follow-up procedures, including the
24    importance of calling 911 or, if 911 is not available,
25    other local emergency medical services;
26        (D) how to respond to a student with a known allergy,

 

 

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1    as well as a student with a previously unknown allergy; and
2        (E) other criteria as determined in rules adopted
3    pursuant to this Section.
4    In consultation with statewide professional organizations
5representing physicians licensed to practice medicine in all of
6its branches, registered nurses, and school nurses, the State
7Board of Education shall make available resource materials
8consistent with criteria in this subsection (h) for educating
9trained personnel to recognize and respond to anaphylaxis. The
10State Board may take into consideration the curriculum on this
11subject developed by other states, as well as any other
12curricular materials suggested by medical experts and other
13groups that work on life-threatening allergy issues. The State
14Board is not required to create new resource materials. The
15State Board shall make these resource materials available on
16its Internet website.
17    (h-5) A training curriculum to recognize and respond to an
18opioid overdose, including the administration of an opioid
19antagonist, may be conducted online or in person. The training
20must comply with any training requirements under Section 5-23
21of the Alcoholism and Other Drug Abuse and Dependency Act and
22the corresponding rules. It must include, but is not limited
23to:
24        (1) how to recognize symptoms of an opioid overdose;
25        (2) information on drug overdose prevention and
26    recognition;

 

 

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1        (3) how to perform rescue breathing and resuscitation;
2        (4) how to respond to an emergency involving an opioid
3    overdose;
4        (5) opioid antagonist dosage and administration;
5        (6) the importance of calling 911 or, if 911 is not
6    available, other local emergency medical services;
7        (7) care for the overdose victim after administration
8    of the overdose antagonist;
9        (8) a test demonstrating competency of the knowledge
10    required to recognize an opioid overdose and administer a
11    dose of an opioid antagonist; and
12        (9) other criteria as determined in rules adopted
13    pursuant to this Section.
14    (h-10) A training curriculum to recognize and respond to
15respiratory distress, including the administration of
16undesignated asthma medication, may be conducted online or in
17person. The training must include, but is not limited to:
18        (1) how to recognize symptoms of respiratory distress
19    and how to distinguish respiratory distress from
20    anaphylaxis;
21        (2) how to respond to an emergency involving
22    respiratory distress;
23        (3) asthma medication dosage and administration;
24        (4) the importance of calling 911 or, if 911 is not
25    available, other local emergency medical services;
26        (5) a test demonstrating competency of the knowledge

 

 

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1    required to recognize respiratory distress and administer
2    asthma medication; and
3        (6) other criteria as determined in rules adopted under
4    this Section.
5    (i) Within 3 days after the administration of an
6undesignated epinephrine auto-injector by a school nurse,
7trained personnel, or a student at a school or school-sponsored
8activity, the school must report to the State Board of
9Education in a form and manner prescribed by the State Board
10the following information:
11        (1) age and type of person receiving epinephrine
12    (student, staff, visitor);
13        (2) any previously known diagnosis of a severe allergy;
14        (3) trigger that precipitated allergic episode;
15        (4) location where symptoms developed;
16        (5) number of doses administered;
17        (6) type of person administering epinephrine (school
18    nurse, trained personnel, student); and
19        (7) any other information required by the State Board.
20    If a school district, public school, charter school, or
21nonpublic school maintains or has an independent contractor
22providing transportation to students who maintains a supply of
23undesignated epinephrine auto-injectors, then the school
24district, public school, charter school, or nonpublic school
25must report that information to the State Board of Education
26upon adoption or change of the policy of the school district,

 

 

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1public school, charter school, nonpublic school, or
2independent contractor, in a manner as prescribed by the State
3Board. The report must include the number of undesignated
4epinephrine auto-injectors in supply.
5    (i-5) Within 3 days after the administration of an opioid
6antagonist by a school nurse or trained personnel, the school
7must report to the State Board of Education, in a form and
8manner prescribed by the State Board, the following
9information:
10        (1) the age and type of person receiving the opioid
11    antagonist (student, staff, or visitor);
12        (2) the location where symptoms developed;
13        (3) the type of person administering the opioid
14    antagonist (school nurse or trained personnel); and
15        (4) any other information required by the State Board.
16    (i-10) Within 3 days after the administration of
17undesignated asthma medication by a school nurse, trained
18personnel, or a student at a school or school-sponsored
19activity, the school must report to the State Board of
20Education, on a form and in a manner prescribed by the State
21Board of Education, the following information:
22        (1) the age and type of person receiving the asthma
23    medication (student, staff, or visitor);
24        (2) any previously known diagnosis of asthma for the
25    person;
26        (3) the trigger that precipitated respiratory

 

 

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1    distress, if identifiable;
2        (4) the location of where the symptoms developed;
3        (5) the number of doses administered;
4        (6) the type of person administering the asthma
5    medication (school nurse, trained personnel, or student);
6        (7) the outcome of the asthma medication
7    administration; and
8        (8) any other information required by the State Board.
9    (j) By October 1, 2015 and every year thereafter, the State
10Board of Education shall submit a report to the General
11Assembly identifying the frequency and circumstances of
12undesignated epinephrine and undesignated asthma medication
13administration during the preceding academic year. Beginning
14with the 2017 report, the report shall also contain information
15on which school districts, public schools, charter schools, and
16nonpublic schools maintain or have independent contractors
17providing transportation to students who maintain a supply of
18undesignated epinephrine auto-injectors. This report shall be
19published on the State Board's Internet website on the date the
20report is delivered to the General Assembly.
21    (j-5) Annually, each school district, public school,
22charter school, or nonpublic school shall request an asthma
23action plan from the parents or guardians of a pupil with
24asthma. If provided, the asthma action plan must be kept on
25file in the office of the school nurse or, in the absence of a
26school nurse, the school administrator. Copies of the asthma

 

 

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1action plan may be distributed to appropriate school staff who
2interact with the pupil on a regular basis, and, if applicable,
3may be attached to the pupil's federal Section 504 plan or
4individualized education program plan.
5    (j-10) To assist schools with emergency response
6procedures for asthma, the State Board of Education, in
7consultation with statewide professional organizations with
8expertise in asthma management and a statewide organization
9representing school administrators, shall develop a model
10asthma episode emergency response protocol before September 1,
112016. Each school district, charter school, and nonpublic
12school shall adopt an asthma episode emergency response
13protocol before January 1, 2017 that includes all of the
14components of the State Board's model protocol.
15    (j-15) Every 2 years, school personnel who work with pupils
16shall complete an in-person or online training program on the
17management of asthma, the prevention of asthma symptoms, and
18emergency response in the school setting. In consultation with
19statewide professional organizations with expertise in asthma
20management, the State Board of Education shall make available
21resource materials for educating school personnel about asthma
22and emergency response in the school setting.
23    (j-20) On or before October 1, 2016 and every year
24thereafter, the State Board of Education shall submit a report
25to the General Assembly and the Department of Public Health
26identifying the frequency and circumstances of opioid

 

 

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1antagonist administration during the preceding academic year.
2This report shall be published on the State Board's Internet
3website on the date the report is delivered to the General
4Assembly.
5    (k) The State Board of Education may adopt rules necessary
6to implement this Section.
7    (l) Nothing in this Section shall limit the amount of
8epinephrine auto-injectors that any type of school or student
9may carry or maintain a supply of.
10(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
1199-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
128-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
 
13    (105 ILCS 5/27A-5)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. Beginning
23on April 16, 2003 (the effective date of Public Act 93-3), in
24all new applications to establish a charter school in a city
25having a population exceeding 500,000, operation of the charter

 

 

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1school shall be limited to one campus. The changes made to this
2Section by Public Act 93-3 do not apply to charter schools
3existing or approved on or before April 16, 2003 (the effective
4date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    On or before March 1, 2014, the Commission shall submit to
20the General Assembly a report on the effect of
21virtual-schooling, including without limitation the effect on
22student performance, the costs associated with
23virtual-schooling, and issues with oversight. The report shall
24include policy recommendations for virtual-schooling.
25    (c) A charter school shall be administered and governed by
26its board of directors or other governing body in the manner

 

 

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1provided in its charter. The governing body of a charter school
2shall be subject to the Freedom of Information Act and the Open
3Meetings Act.
4    (d) For purposes of this subsection (d), "non-curricular
5health and safety requirement" means any health and safety
6requirement created by statute or rule to provide, maintain,
7preserve, or safeguard safe or healthful conditions for
8students and school personnel or to eliminate, reduce, or
9prevent threats to the health and safety of students and school
10personnel. "Non-curricular health and safety requirement" does
11not include any course of study or specialized instructional
12requirement for which the State Board has established goals and
13learning standards or which is designed primarily to impart
14knowledge and skills for students to master and apply as an
15outcome of their education.
16    A charter school shall comply with all non-curricular
17health and safety requirements applicable to public schools
18under the laws of the State of Illinois. On or before September
191, 2015, the State Board shall promulgate and post on its
20Internet website a list of non-curricular health and safety
21requirements that a charter school must meet. The list shall be
22updated annually no later than September 1. Any charter
23contract between a charter school and its authorizer must
24contain a provision that requires the charter school to follow
25the list of all non-curricular health and safety requirements
26promulgated by the State Board and any non-curricular health

 

 

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1and safety requirements added by the State Board to such list
2during the term of the charter. Nothing in this subsection (d)
3precludes an authorizer from including non-curricular health
4and safety requirements in a charter school contract that are
5not contained in the list promulgated by the State Board,
6including non-curricular health and safety requirements of the
7authorizing local school board.
8    (e) Except as otherwise provided in the School Code, a
9charter school shall not charge tuition; provided that a
10charter school may charge reasonable fees for textbooks,
11instructional materials, and student activities.
12    (f) A charter school shall be responsible for the
13management and operation of its fiscal affairs including, but
14not limited to, the preparation of its budget. An audit of each
15charter school's finances shall be conducted annually by an
16outside, independent contractor retained by the charter
17school. To ensure financial accountability for the use of
18public funds, on or before December 1 of every year of
19operation, each charter school shall submit to its authorizer
20and the State Board a copy of its audit and a copy of the Form
21990 the charter school filed that year with the federal
22Internal Revenue Service. In addition, if deemed necessary for
23proper financial oversight of the charter school, an authorizer
24may require quarterly financial statements from each charter
25school.
26    (g) A charter school shall comply with all provisions of

 

 

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1this Article, the Illinois Educational Labor Relations Act, all
2federal and State laws and rules applicable to public schools
3that pertain to special education and the instruction of
4English learners, and its charter. A charter school is exempt
5from all other State laws and regulations in this Code
6governing public schools and local school board policies;
7however, a charter school is not exempt from the following:
8        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
9    criminal history records checks and checks of the Statewide
10    Sex Offender Database and Statewide Murderer and Violent
11    Offender Against Youth Database of applicants for
12    employment;
13        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
14    34-84a of this Code regarding discipline of students;
15        (3) the Local Governmental and Governmental Employees
16    Tort Immunity Act;
17        (4) Section 108.75 of the General Not For Profit
18    Corporation Act of 1986 regarding indemnification of
19    officers, directors, employees, and agents;
20        (5) the Abused and Neglected Child Reporting Act;
21        (5.5) subsection (b) of Section 10-23.12 and
22    subsection (b) of Section 34-18.6 of this Code;
23        (6) the Illinois School Student Records Act;
24        (7) Section 10-17a of this Code regarding school report
25    cards;
26        (8) the P-20 Longitudinal Education Data System Act;

 

 

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1        (9) Section 27-23.7 of this Code regarding bullying
2    prevention;
3        (10) Section 2-3.162 of this Code regarding student
4    discipline reporting;
5        (11) Sections 22-80 and 27-8.1 of this Code; and
6        (12) Sections 10-20.60 and 34-18.53 of this Code; .
7        (13) (12) Sections 10-20.63 10-20.60 and 34-18.56
8    34-18.53 of this Code; .
9        (14) (12) Section 26-18 of this Code; and .
10        (15) Section 22-30 of this Code.
11    The change made by Public Act 96-104 to this subsection (g)
12is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required to
22perform in order to carry out the terms of its charter.
23However, a charter school that is established on or after April
2416, 2003 (the effective date of Public Act 93-3) and that
25operates in a city having a population exceeding 500,000 may
26not contract with a for-profit entity to manage or operate the

 

 

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1school during the period that commences on April 16, 2003 (the
2effective date of Public Act 93-3) and concludes at the end of
3the 2004-2005 school year. Except as provided in subsection (i)
4of this Section, a school district may charge a charter school
5reasonable rent for the use of the district's buildings,
6grounds, and facilities. Any services for which a charter
7school contracts with a school district shall be provided by
8the district at cost. Any services for which a charter school
9contracts with a local school board or with the governing body
10of a State college or university or public community college
11shall be provided by the public entity at cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be subject
19to negotiation between the charter school and the local school
20board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age or
22grade level.
23    (k) If the charter school is approved by the Commission,
24then the Commission charter school is its own local education
25agency.
26(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,

 

 

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1eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
299-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
3100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
41-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)