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


Rep. Terri Bryant

Filed: 4/2/2019





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



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1        (4) One-third of people with epilepsy live with
2    uncontrollable seizures.
3        (5) Fifty thousand people die from epilepsy-related
4    causes in the United States every year.
5        (6) Federal law affords people with epilepsy specific
6    rights and protections. These laws include Section 504 of
7    the Rehabilitation Act of 1973, the Individuals with
8    Disabilities Education Improvement Act of 2004, the
9    Americans with Disabilities Act of 1990, and the ADA
10    Amendments Act of 2008.
11    Section 10. Definitions. In this Act:
12    "Delegated care aide" means a school employee or
13paraprofessional who has agreed to receive training in epilepsy
14and assist a student in implementing his or her seizure action
15plan and who has entered into an agreement with a parent or
16guardian of that student.
17    "School" means any primary or secondary public, charter, or
18nonpublic school located in this State.
19    "School employee" means a person who is employed by a
20school district or school as a nurse, principal, administrator,
21guidance counselor, or teacher, a person who is employed by a
22local health department and assigned to a school, or a person
23who contracts with a school or school district to perform
24services in connection with a student's seizure action plan.
25This definition may not be interpreted to require a school



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1district, charter school, or nonpublic school to hire
2additional personnel for the sole purpose of the personnel to
3serve as a delegated care aide.
4    "Seizure action plan" means a document that specifies the
5services needed by a student with epilepsy at school and at
6school-sponsored activities and delegates to a delegated care
7aide the authority to provide and supervise these services.
8    Section 15. Seizure action plan.
9    (a) For a student with epilepsy, a seizure action plan
10shall serve as the basis of the student's federal Section 504
11plan and must be signed by the student's parent or guardian if
12the student seeks assistance with epilepsy-related care in a
13school setting. If the student has been managing his or her
14epilepsy care in a school setting before the effective date of
15this Act, the student's parent or guardian may sign and submit
16a seizure action plan with the student's school. It is the
17responsibility of the student's parent or guardian to share the
18health care provider's instructions on the student's epilepsy
19management during the school day, including a copy of any
20prescriptions and the methods of administering those
22    (b) The services and accommodations specified in a seizure
23action plan must be reasonable, reflect the current best
24practice guidelines of seizure-management care, and include
25appropriate safeguards to ensure the proper disposal of used



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1equipment and medication.
2    (c) A seizure action plan must be submitted to the
3student's school (i) at the beginning of the school year, (ii)
4upon enrollment, as soon practicable following the student's
5diagnosis, or (iii) when a student's care needs change during
6the school year. A student's parent or guardian is responsible
7for informing the school, in a timely manner, of any changes to
8the student's seizure action plan and emergency contact
10    Section 20. Delegated care aides.
11    (a) A delegated care aide shall perform the activities and
12tasks necessary to assist a student with epilepsy in accordance
13with the student's seizure action plan.
14    (b) The principal of a school shall facilitate the school's
15compliance with the provisions of a student's seizure action
17    Section 25. Training for school employees and delegated
18care aides.
19    (a) During an inservice training workshop under Section
203-11 of the School Code, all school employees shall receive
21training in the basics of seizure recognition and first aid and
22appropriate emergency protocols. The training must be fully
23consistent with the best practice guidelines issued by the
24Centers for Disease Control and Prevention.



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1    (b) In a school in which at least one student with epilepsy
2is enrolled, a delegated care aide must be trained to perform
3the tasks necessary to assist the student in accordance with
4his or her seizure action plan.
5    (c) The training of a delegated care aide must be provided
6by a licensed health care provider with an expertise in
7epilepsy or an epilepsy educator who has successfully completed
8the relevant curricula offered by the Centers for Disease
9Control and Prevention.
10    (d) Training for school employees must be provided annually
11through approximately one hour of self-study review approved by
12the Epilepsy Foundation of America or by an epilepsy educator
13approved by the Epilepsy Foundation of America.
14    (e) If applicable, a seizure action plan must be provided
15to any school employee who transports a student with epilepsy
16to a school-sponsored activity.
17    Section 30. Self-management. In accordance with his or her
18seizure action plan, a student must be permitted to possess on
19his or her person, at all times, the supplies, equipment, and
20medication necessary to treat epilepsy.
21    Section 35. Restricting access to school prohibited. A
22school district may not restrict the assignment of a student
23with epilepsy to a particular school on the basis that the
24school does not have a full-time school nurse, and a school may



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1not deny a student access to the school or any school-related
2activity on the basis that the student has epilepsy.
3    Section 40. Protection against retaliation. A school
4employee may not be subject to any penalty, sanction,
5reprimand, discharge, demotion, denial of a promotion,
6withdrawal of benefits, or other disciplinary action for
7choosing not to volunteer to serve as a delegated care aide.
8    Section 45. Immunity.
9    (a) A school or a school employee who is in compliance with
10Section 25 of this Act is not liable for civil or other damages
11as a result of conduct, other than willful or wanton
12misconduct, related to the care of a student with epilepsy.
13    (b) A school employee may not be subject to any
14disciplinary proceeding resulting from an action taken in
15compliance with this Act, unless the action constitutes willful
16or wanton misconduct.
17    Section 50. Federal law. Nothing in this Act limits any
18rights available under federal law.
19    Section 90. The School Code is amended by changing Section
2027A-5 as follows:
21    (105 ILCS 5/27A-5)



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1    Sec. 27A-5. Charter school; legal entity; requirements.
2    (a) A charter school shall be a public, nonsectarian,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status. Beginning
10on April 16, 2003 (the effective date of Public Act 93-3), in
11all new applications to establish a charter school in a city
12having a population exceeding 500,000, operation of the charter
13school shall be limited to one campus. The changes made to this
14Section by Public Act 93-3 do not apply to charter schools
15existing or approved on or before April 16, 2003 (the effective
16date of Public Act 93-3).
17    (b-5) In this subsection (b-5), "virtual-schooling" means
18a cyber school where students engage in online curriculum and
19instruction via the Internet and electronic communication with
20their teachers at remote locations and with students
21participating at different times.
22    From April 1, 2013 through December 31, 2016, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with



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1virtual-schooling components existing or approved prior to
2April 1, 2013 or to the renewal of the charter of a charter
3school with virtual-schooling components already approved
4prior to April 1, 2013.
5    On or before March 1, 2014, the Commission shall submit to
6the General Assembly a report on the effect of
7virtual-schooling, including without limitation the effect on
8student performance, the costs associated with
9virtual-schooling, and issues with oversight. The report shall
10include policy recommendations for virtual-schooling.
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter school
14shall be subject to the Freedom of Information Act and the Open
15Meetings Act.
16    (d) For purposes of this subsection (d), "non-curricular
17health and safety requirement" means any health and safety
18requirement created by statute or rule to provide, maintain,
19preserve, or safeguard safe or healthful conditions for
20students and school personnel or to eliminate, reduce, or
21prevent threats to the health and safety of students and school
22personnel. "Non-curricular health and safety requirement" does
23not include any course of study or specialized instructional
24requirement for which the State Board has established goals and
25learning standards or which is designed primarily to impart
26knowledge and skills for students to master and apply as an



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1outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. On or before September
51, 2015, the State Board shall promulgate and post on its
6Internet website a list of non-curricular health and safety
7requirements that a charter school must meet. The list shall be
8updated annually no later than September 1. Any charter
9contract between a charter school and its authorizer must
10contain a provision that requires the charter school to follow
11the list of all non-curricular health and safety requirements
12promulgated by the State Board and any non-curricular health
13and safety requirements added by the State Board to such list
14during the term of the charter. Nothing in this subsection (d)
15precludes an authorizer from including non-curricular health
16and safety requirements in a charter school contract that are
17not contained in the list promulgated by the State Board,
18including non-curricular health and safety requirements of the
19authorizing local school board.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs including, but
26not limited to, the preparation of its budget. An audit of each



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1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. To ensure financial accountability for the use of
4public funds, on or before December 1 of every year of
5operation, each charter school shall submit to its authorizer
6and the State Board a copy of its audit and a copy of the Form
7990 the charter school filed that year with the federal
8Internal Revenue Service. In addition, if deemed necessary for
9proper financial oversight of the charter school, an authorizer
10may require quarterly financial statements from each charter
12    (g) A charter school shall comply with all provisions of
13this Article, the Illinois Educational Labor Relations Act, all
14federal and State laws and rules applicable to public schools
15that pertain to special education and the instruction of
16English learners, and its charter. A charter school is exempt
17from all other State laws and regulations in this Code
18governing public schools and local school board policies;
19however, a charter school is not exempt from the following:
20        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
21    criminal history records checks and checks of the Statewide
22    Sex Offender Database and Statewide Murderer and Violent
23    Offender Against Youth Database of applicants for
24    employment;
25        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
26    34-84a of this Code regarding discipline of students;



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1        (3) the Local Governmental and Governmental Employees
2    Tort Immunity Act;
3        (4) Section 108.75 of the General Not For Profit
4    Corporation Act of 1986 regarding indemnification of
5    officers, directors, employees, and agents;
6        (5) the Abused and Neglected Child Reporting Act;
7        (5.5) subsection (b) of Section 10-23.12 and
8    subsection (b) of Section 34-18.6 of this Code;
9        (6) the Illinois School Student Records Act;
10        (7) Section 10-17a of this Code regarding school report
11    cards;
12        (8) the P-20 Longitudinal Education Data System Act;
13        (9) Section 27-23.7 of this Code regarding bullying
14    prevention;
15        (10) Section 2-3.162 of this Code regarding student
16    discipline reporting;
17        (11) Sections 22-80 and 27-8.1 of this Code;
18        (12) Sections 10-20.60 and 34-18.53 of this Code;
19        (13) Sections 10-20.63 and 34-18.56 of this Code; and
20        (14) Section 26-18 of this Code; and
21        (15) Section 22-30 of this Code; and .
22        (16) The Seizure Smart School Act.
23    The change made by Public Act 96-104 to this subsection (g)
24is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or



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1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required to
8perform in order to carry out the terms of its charter.
9However, a charter school that is established on or after April
1016, 2003 (the effective date of Public Act 93-3) and that
11operates in a city having a population exceeding 500,000 may
12not contract with a for-profit entity to manage or operate the
13school during the period that commences on April 16, 2003 (the
14effective date of Public Act 93-3) and concludes at the end of
15the 2004-2005 school year. Except as provided in subsection (i)
16of this Section, a school district may charge a charter school
17reasonable rent for the use of the district's buildings,
18grounds, and facilities. Any services for which a charter
19school contracts with a school district shall be provided by
20the district at cost. Any services for which a charter school
21contracts with a local school board or with the governing body
22of a State college or university or public community college
23shall be provided by the public entity at cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is



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1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be subject
5to negotiation between the charter school and the local school
6board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age or
8grade level.
9    (k) If the charter school is approved by the Commission,
10then the Commission charter school is its own local education
12(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
13eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1499-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
15100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
161-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
17eff. 8-14-18; revised 10-5-18.)
18    Section 95. The State Mandates Act is amended by adding
19Section 8.43 as follows:
20    (30 ILCS 805/8.43 new)
21    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
22of this Act, no reimbursement by the State is required for the
23implementation of any mandate created by the Seizure Smart
24School Act.".



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1    Section 999. Effective date. This Act takes effect July 1,