State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 003 ]


92_HB3744eng

 
HB3744 Engrossed                               LRB9210121NTsb

 1        AN ACT concerning schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5. The School Code is amended by adding Sections
 5    10-20.35 and 34-18.23 as follows:

 6        (105 ILCS 5/10-20.35 new)
 7        Sec.    10-20.35.  Psychotropic    or     psychostimulant
 8    medication; disciplinary action.
 9        (a)  In this Section:
10        "Psychostimulant   medication"   means   medication  that
11    produces increased levels of mental and physical  energy  and
12    alertness  and  an  elevated  mood by stimulating the central
13    nervous system.
14        "Psychotropic medication" means  psychotropic  medication
15    as  defined  in  Section  1-121.1  of  the  Mental Health and
16    Developmental Disabilities Code.
17        (b)  Each school board must adopt and implement a  policy
18    that  prohibits any disciplinary action that is based totally
19    or in part on the refusal of a student's parent  or  guardian
20    to   administer   or   consent   to   the  administration  of
21    psychotropic or psychostimulant medication to the student.
22        The policy must require  that,  at  least  once  every  2
23    years,  the in-service training of certified school personnel
24    and administrators include training on current best practices
25    regarding  the  identification  and  treatment  of  attention
26    deficit  disorder   and   attention   deficit   hyperactivity
27    disorder,   the   application   of   non-aversive  behavioral
28    interventions in the  school  environment,  and  the  use  of
29    psychotropic  or  psychostimulant  medication  for school-age
30    children.
31        (c)  This Section does not prohibit school medical staff,
 
HB3744 Engrossed            -2-                LRB9210121NTsb
 1    an individualized educational program team, or a professional
 2    worker (as defined in Section  14-1.10  of  this  Code)  from
 3    recommending  that  a  student be evaluated by an appropriate
 4    medical  practitioner  or  prohibit  school  personnel   from
 5    consulting  with  the  practitioner  with  the consent of the
 6    student's parents or guardian.

 7        (105 ILCS 5/34-18.23 new)
 8        Sec.    34-18.23.  Psychotropic    or     psychostimulant
 9    medication; disciplinary action.
10        (a)  In this Section:
11        "Psychostimulant   medication"   means   medication  that
12    produces increased levels of mental and physical  energy  and
13    alertness  and  an  elevated  mood by stimulating the central
14    nervous system.
15        "Psychotropic medication" means  psychotropic  medication
16    as  defined  in  Section  1-121.1  of  the  Mental Health and
17    Developmental Disabilities Code.
18        (b)  The board must adopt and  implement  a  policy  that
19    prohibits any disciplinary action that is based totally or in
20    part  on  the  refusal  of  a student's parent or guardian to
21    administer or consent to the administration  of  psychotropic
22    or psychostimulant medication to the student.
23        The  policy  must  require  that,  at  least once every 2
24    years, the in-service training of certified school  personnel
25    and administrators include training on current best practices
26    regarding  the  identification  and  treatment  of  attention
27    deficit   disorder   and   attention   deficit  hyperactivity
28    disorder,  the   application   of   non-aversive   behavioral
29    interventions  in  the  school  environment,  and  the use of
30    psychotropic or  psychostimulant  medication  for  school-age
31    children.
32        (c)  This Section does not prohibit school medical staff,
33    an individualized educational program team, or a professional
 
HB3744 Engrossed            -3-                LRB9210121NTsb
 1    worker  (as  defined  in  Section  14-1.10 of this Code) from
 2    recommending that a student be evaluated  by  an  appropriate
 3    medical   practitioner  or  prohibit  school  personnel  from
 4    consulting with the practitioner  with  the  consent  of  the
 5    student's parents or guardian.

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