Illinois General Assembly - Full Text of HB1475
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Full Text of HB1475  101st General Assembly


Rep. Terri Bryant

Filed: 3/1/2019





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2    AMENDMENT NO. ______. Amend House Bill 1475 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Seizure Smart School Act.
6    Section 5. Findings. The General Assembly finds all of the
8        (1) Over 200,000 people in the State of Illinois have
9    epilepsy.
10        (2) Epilepsy is the fourth most common neurological
11    disorder in the United States, after migraines, strokes,
12    and Alzheimer's disease.
13        (3) The prevalence of epilepsy is greater than autism
14    spectrum disorder, cerebral palsy, multiple sclerosis, and
15    Parkinson's disease combined.
16        (4) One-third of people with epilepsy live with



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1    uncontrollable seizures.
2        (5) Fifty thousand people die from epilepsy-related
3    causes in the United States every year.
4        (6) Federal law affords people with epilepsy specific
5    rights and protections. These laws include Section 504 of
6    the Rehabilitation Act of 1973, the Individuals with
7    Disabilities Education Improvement Act of 2004, the
8    Americans with Disabilities Act of 1990, and the ADA
9    Amendments Act of 2008.
10    Section 10. Definitions. In this Act:
11    "Delegated care aide" means a school employee or
12paraprofessional who has agreed to receive training in epilepsy
13and assist a student in implementing his or her seizure action
14plan and who has entered into an agreement with a parent or
15guardian of that student.
16    "School" means any primary or secondary public, charter, or
17nonpublic school located in this State.
18    "School employee" means a person who is employed by a
19school district or school as a principal, administrator,
20guidance counselor, or teacher, a person who is employed by a
21local health department and assigned to a school, or a person
22who contracts with a school or school district to perform
23services in connection with a student's seizure action plan.
24    "Seizure action plan" means a document that specifies the
25services needed by a student with epilepsy at school and at



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1school-sponsored activities and delegates to a delegated care
2aide the authority to provide and supervise these services.
3    Section 15. Seizure action plan.
4    (a) The parent or guardian of a student with epilepsy who
5seeks assistance with epilepsy-related care in a school setting
6must sign and submit a seizure action plan with the student's
7school. The seizure action plan must include the treating
8physician's, advanced practice registered nurse's, or
9physician assistant's instructions on the student's epilepsy
10management during the school day, including a copy of any
11prescriptions and the methods of administering those
13    (b) The services and accommodations specified in a seizure
14action plan must be reasonable, reflect the current best
15practice guidelines of seizure-management care, and include
16appropriate safeguards to ensure the proper disposal of used
17equipment and medication.
18    (c) A seizure action plan must be submitted to the
19student's school (i) at the beginning of the school year, (ii)
20upon enrollment, as soon practicable following the student's
21diagnosis, or (iii) when a student's care needs change during
22the school year.
23    Section 20. Delegated care aides.
24    (a) A delegated care aide shall perform the activities and



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1tasks necessary to assist a student with epilepsy in accordance
2with the student's seizure action plan.
3    (b) The principal of a school shall ensure that the school
4has at least one delegated care aide present and available at
5the school during all school hours and, as needed, during
6school-sponsored activities.
7    Section 25. Training for school employees and delegated
8care aides.
9    (a) All school employees shall receive training in the
10basics of seizure recognition and first aid and appropriate
11emergency protocols and training on who will administer rescue
13    (b) A delegated care aide must be trained to perform the
14tasks necessary to assist a student with epilepsy in accordance
15with the student's seizure action plan.
16    (c) The training of a delegated care aide shall include
17consultation with the student's parent or guardian and may
18include consultation with an epilepsy educator approved by the
19Epilepsy Foundation of America.
20    (d) Training for school employees must be provided annually
21through approximately one hour of self-study review approved by
22the Epilepsy Foundation of America or by an epilepsy educator
23approved by the Epilepsy Foundation of America.
24    (e) If applicable, a seizure action plan must be provided
25to any school employee who transports a student with epilepsy



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1to a school-sponsored activity.
2    Section 30. Self-management. In accordance with his or her
3seizure action plan, a student must be permitted to possess on
4his or her person, at all times, the supplies, equipment, and
5medication necessary to treat epilepsy.
6    Section 35. Restricting access to school prohibited. A
7school district may not restrict the assignment of a student
8with epilepsy to a particular school on the basis that the
9school does not have a full-time school nurse, and a school may
10not deny a student access to the school or any school-related
11activity on the basis that the student has epilepsy.
12    Section 40. Protection against retaliation. A school
13employee may not be subject to any penalty, sanction,
14reprimand, discharge, demotion, denial of a promotion,
15withdrawal of benefits, or other disciplinary action for
16choosing not to volunteer to serve as a delegated care aide.
17    Section 45. Immunity.
18    (a) A school or a school employee who is in compliance with
19Section 25 of this Act is not liable for civil or other damages
20as a result of conduct, other than willful or wanton
21misconduct, related to the care of a student with epilepsy.
22    (b) A school employee may not be subject to any



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1disciplinary proceeding resulting from an action taken in
2compliance with this Act, unless the action constitutes willful
3or wanton misconduct.
4    Section 50. Federal law. Nothing in this Act limits any
5rights available under federal law.
6    Section 90. The School Code is amended by changing Section
727A-5 as follows:
8    (105 ILCS 5/27A-5)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status. Beginning
18on April 16, 2003 (the effective date of Public Act 93-3), in
19all new applications to establish a charter school in a city
20having a population exceeding 500,000, operation of the charter
21school shall be limited to one campus. The changes made to this
22Section by Public Act 93-3 do not apply to charter schools
23existing or approved on or before April 16, 2003 (the effective



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



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1    (d) For purposes of this subsection (d), "non-curricular
2health and safety requirement" means any health and safety
3requirement created by statute or rule to provide, maintain,
4preserve, or safeguard safe or healthful conditions for
5students and school personnel or to eliminate, reduce, or
6prevent threats to the health and safety of students and school
7personnel. "Non-curricular health and safety requirement" does
8not include any course of study or specialized instructional
9requirement for which the State Board has established goals and
10learning standards or which is designed primarily to impart
11knowledge and skills for students to master and apply as an
12outcome of their education.
13    A charter school shall comply with all non-curricular
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois. On or before September
161, 2015, the State Board shall promulgate and post on its
17Internet website a list of non-curricular health and safety
18requirements that a charter school must meet. The list shall be
19updated annually no later than September 1. Any charter
20contract between a charter school and its authorizer must
21contain a provision that requires the charter school to follow
22the list of all non-curricular health and safety requirements
23promulgated by the State Board and any non-curricular health
24and safety requirements added by the State Board to such list
25during the term of the charter. Nothing in this subsection (d)
26precludes an authorizer from including non-curricular health



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1and safety requirements in a charter school contract that are
2not contained in the list promulgated by the State Board,
3including non-curricular health and safety requirements of the
4authorizing local school board.
5    (e) Except as otherwise provided in the School Code, a
6charter school shall not charge tuition; provided that a
7charter school may charge reasonable fees for textbooks,
8instructional materials, and student activities.
9    (f) A charter school shall be responsible for the
10management and operation of its fiscal affairs including, but
11not limited to, the preparation of its budget. An audit of each
12charter school's finances shall be conducted annually by an
13outside, independent contractor retained by the charter
14school. To ensure financial accountability for the use of
15public funds, on or before December 1 of every year of
16operation, each charter school shall submit to its authorizer
17and the State Board a copy of its audit and a copy of the Form
18990 the charter school filed that year with the federal
19Internal Revenue Service. In addition, if deemed necessary for
20proper financial oversight of the charter school, an authorizer
21may require quarterly financial statements from each charter
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act, all
25federal and State laws and rules applicable to public schools
26that pertain to special education and the instruction of



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1English learners, and its charter. A charter school is exempt
2from all other State laws and regulations in this Code
3governing public schools and local school board policies;
4however, a charter school is not exempt from the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
6    criminal history records checks and checks of the Statewide
7    Sex Offender Database and Statewide Murderer and Violent
8    Offender Against Youth Database of applicants for
9    employment;
10        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
11    34-84a of this Code regarding discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (5.5) subsection (b) of Section 10-23.12 and
19    subsection (b) of Section 34-18.6 of this Code;
20        (6) the Illinois School Student Records Act;
21        (7) Section 10-17a of this Code regarding school report
22    cards;
23        (8) the P-20 Longitudinal Education Data System Act;
24        (9) Section 27-23.7 of this Code regarding bullying
25    prevention;
26        (10) Section 2-3.162 of this Code regarding student



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1    discipline reporting;
2        (11) Sections 22-80 and 27-8.1 of this Code;
3        (12) Sections 10-20.60 and 34-18.53 of this Code;
4        (13) Sections 10-20.63 and 34-18.56 of this Code; and
5        (14) Section 26-18 of this Code; and
6        (15) Section 22-30 of this Code; and .
7        (16) The Seizure Smart School Act.
8    The change made by Public Act 96-104 to this subsection (g)
9is declaratory of existing law.
10    (h) A charter school may negotiate and contract with a
11school district, the governing body of a State college or
12university or public community college, or any other public or
13for-profit or nonprofit private entity for: (i) the use of a
14school building and grounds or any other real property or
15facilities that the charter school desires to use or convert
16for use as a charter school site, (ii) the operation and
17maintenance thereof, and (iii) the provision of any service,
18activity, or undertaking that the charter school is required to
19perform in order to carry out the terms of its charter.
20However, a charter school that is established on or after April
2116, 2003 (the effective date of Public Act 93-3) and that
22operates in a city having a population exceeding 500,000 may
23not contract with a for-profit entity to manage or operate the
24school during the period that commences on April 16, 2003 (the
25effective date of Public Act 93-3) and concludes at the end of
26the 2004-2005 school year. Except as provided in subsection (i)



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1of this Section, a school district may charge a charter school
2reasonable rent for the use of the district's buildings,
3grounds, and facilities. Any services for which a charter
4school contracts with a school district shall be provided by
5the district at cost. Any services for which a charter school
6contracts with a local school board or with the governing body
7of a State college or university or public community college
8shall be provided by the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be subject
16to negotiation between the charter school and the local school
17board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age or
19grade level.
20    (k) If the charter school is approved by the Commission,
21then the Commission charter school is its own local education
23(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
24eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
2599-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
26100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.



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11-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
2eff. 8-14-18; revised 10-5-18.)
3    Section 95. The State Mandates Act is amended by adding
4Section 8.43 as follows:
5    (30 ILCS 805/8.43 new)
6    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by the Seizure Smart
9School Act.".
10    Section 999. Effective date. This Act takes effect July 1,