Full Text of HB1475 101st General Assembly
HB1475ham004 101ST GENERAL ASSEMBLY | Rep. Terri Bryant Filed: 4/2/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1475
| 2 | | AMENDMENT NO. ______. Amend House Bill 1475, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Seizure Smart School Act. | 7 | | Section 5. Findings. The General Assembly finds all of the | 8 | | following: | 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 | 13 | | paraprofessional who has agreed to receive training in epilepsy | 14 | | and assist a student in implementing his or her seizure action | 15 | | plan and who has entered into an agreement with a parent or | 16 | | guardian of that student. | 17 | | "School" means any primary or secondary public, charter, or | 18 | | nonpublic school located in this State. | 19 | | "School employee" means a person who is employed by a | 20 | | school district or school as a nurse, principal, administrator, | 21 | | guidance counselor, or teacher, a person who is employed by a | 22 | | local health department and assigned to a school, or a person | 23 | | who contracts with a school or school district to perform | 24 | | services in connection with a student's seizure action plan. | 25 | | This definition may not be interpreted to require a school |
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| 1 | | district, charter school, or nonpublic school to hire | 2 | | additional personnel for the sole purpose of the personnel to | 3 | | serve as a delegated care aide. | 4 | | "Seizure action plan" means a document that specifies the | 5 | | services needed by a student with epilepsy at school and at | 6 | | school-sponsored activities and delegates to a delegated care | 7 | | aide 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 | 10 | | shall serve as the basis of the student's federal Section 504 | 11 | | plan and must be signed by the student's parent or guardian if | 12 | | the student seeks assistance with epilepsy-related care in a | 13 | | school setting. If the student has been managing his or her | 14 | | epilepsy care in a school setting before the effective date of | 15 | | this Act, the student's parent or guardian may sign and submit | 16 | | a seizure action plan with the student's school. It is the | 17 | | responsibility of the student's parent or guardian to share the | 18 | | health care provider's instructions on the student's epilepsy | 19 | | management during the school day, including a copy of any | 20 | | prescriptions and the methods of administering those | 21 | | prescriptions. | 22 | | (b) The services and accommodations specified in a seizure | 23 | | action plan must be reasonable, reflect the current best | 24 | | practice guidelines of seizure-management care, and include | 25 | | appropriate safeguards to ensure the proper disposal of used |
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| 1 | | equipment and medication. | 2 | | (c) A seizure action plan must be submitted to the | 3 | | student's school (i) at the beginning of the school year, (ii) | 4 | | upon enrollment, as soon practicable following the student's | 5 | | diagnosis, or (iii) when a student's care needs change during | 6 | | the school year. A student's parent or guardian is responsible | 7 | | for informing the school, in a timely manner, of any changes to | 8 | | the student's seizure action plan and emergency contact | 9 | | information. | 10 | | Section 20. Delegated care aides. | 11 | | (a) A delegated care aide shall perform the activities and | 12 | | tasks necessary to assist a student with epilepsy in accordance | 13 | | with the student's seizure action plan. | 14 | | (b) The principal of a school shall facilitate the school's | 15 | | compliance with the provisions of a student's seizure action | 16 | | plan. | 17 | | Section 25. Training for school employees and delegated | 18 | | care aides. | 19 | | (a) During an inservice training workshop under Section | 20 | | 3-11 of the School Code, all school employees shall receive | 21 | | training in the basics of seizure recognition and first aid and | 22 | | appropriate emergency protocols. The training must be fully | 23 | | consistent with the best practice guidelines issued by the | 24 | | Centers for Disease Control and Prevention. |
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| 1 | | (b) In a school in which at least one student with epilepsy | 2 | | is enrolled, a delegated care aide must be trained to perform | 3 | | the tasks necessary to assist the student in accordance with | 4 | | his or her seizure action plan. | 5 | | (c) The training of a delegated care aide must be provided | 6 | | by a licensed health care provider with an expertise in | 7 | | epilepsy or an epilepsy educator who has successfully completed | 8 | | the relevant curricula offered by the Centers for Disease | 9 | | Control and Prevention. | 10 | | (d) Training for school employees must be provided annually | 11 | | through approximately one hour of self-study review approved by | 12 | | the Epilepsy Foundation of America or by an epilepsy educator | 13 | | approved by the Epilepsy Foundation of America. | 14 | | (e) If applicable, a seizure action plan must be provided | 15 | | to any school employee who transports a student with epilepsy | 16 | | to a school-sponsored activity. | 17 | | Section 30. Self-management. In accordance with his or her | 18 | | seizure action plan, a student must be permitted to possess on | 19 | | his or her person, at all times, the supplies, equipment, and | 20 | | medication necessary to treat epilepsy. | 21 | | Section 35. Restricting access to school prohibited. A | 22 | | school district may not restrict the assignment of a student | 23 | | with epilepsy to a particular school on the basis that the | 24 | | school does not have a full-time school nurse, and a school may |
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| 1 | | not deny a student access to the school or any school-related | 2 | | activity on the basis that the student has epilepsy. | 3 | | Section 40. Protection against retaliation. A school | 4 | | employee may not be subject to any penalty, sanction, | 5 | | reprimand, discharge, demotion, denial of a promotion, | 6 | | withdrawal of benefits, or other disciplinary action for | 7 | | choosing 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 | 10 | | Section 25 of this Act is not liable for civil or other damages | 11 | | as a result of conduct, other than willful or wanton | 12 | | misconduct, related to the care of a student with epilepsy. | 13 | | (b) A school employee may not be subject to any | 14 | | disciplinary proceeding resulting from an action taken in | 15 | | compliance with this Act, unless the action constitutes willful | 16 | | or wanton misconduct. | 17 | | Section 50. Federal law. Nothing in this Act limits any | 18 | | rights available under federal law. | 19 | | Section 90. The School Code is amended by changing Section | 20 | | 27A-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, | 3 | | nonreligious, non-home
based, and non-profit school. A charter | 4 | | school shall be organized and operated
as a nonprofit | 5 | | corporation or other discrete, legal, nonprofit entity
| 6 | | authorized under the laws of the State of Illinois.
| 7 | | (b) A charter school may be established under this Article | 8 | | by creating a new
school or by converting an existing public | 9 | | school or attendance center to
charter
school status.
Beginning | 10 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 11 | | all new
applications to establish
a charter
school in a city | 12 | | having a population exceeding 500,000, operation of the
charter
| 13 | | school shall be limited to one campus. The changes made to this | 14 | | Section by Public Act 93-3 do not apply to charter schools | 15 | | existing or approved on or before April 16, 2003 (the
effective | 16 | | date of Public Act 93-3). | 17 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 18 | | a cyber school where students engage in online curriculum and | 19 | | instruction via the Internet and electronic communication with | 20 | | their teachers at remote locations and with students | 21 | | participating at different times. | 22 | | From April 1, 2013 through December 31, 2016, there is a | 23 | | moratorium on the establishment of charter schools with | 24 | | virtual-schooling components in school districts other than a | 25 | | school district organized under Article 34 of this Code. This | 26 | | moratorium does not apply to a charter school with |
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| 1 | | virtual-schooling components existing or approved prior to | 2 | | April 1, 2013 or to the renewal of the charter of a charter | 3 | | school with virtual-schooling components already approved | 4 | | prior to April 1, 2013. | 5 | | On or before March 1, 2014, the Commission shall submit to | 6 | | the General Assembly a report on the effect of | 7 | | virtual-schooling, including without limitation the effect on | 8 | | student performance, the costs associated with | 9 | | virtual-schooling, and issues with oversight. The report shall | 10 | | include policy recommendations for virtual-schooling.
| 11 | | (c) A charter school shall be administered and governed by | 12 | | its board of
directors or other governing body
in the manner | 13 | | provided in its charter. The governing body of a charter school
| 14 | | shall be subject to the Freedom of Information Act and the Open | 15 | | Meetings Act.
| 16 | | (d) For purposes of this subsection (d), "non-curricular | 17 | | health and safety requirement" means any health and safety | 18 | | requirement created by statute or rule to provide, maintain, | 19 | | preserve, or safeguard safe or healthful conditions for | 20 | | students and school personnel or to eliminate, reduce, or | 21 | | prevent threats to the health and safety of students and school | 22 | | personnel. "Non-curricular health and safety requirement" does | 23 | | not include any course of study or specialized instructional | 24 | | requirement for which the State Board has established goals and | 25 | | learning standards or which is designed primarily to impart | 26 | | knowledge and skills for students to master and apply as an |
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| 1 | | outcome of their education. | 2 | | A charter school shall comply with all non-curricular | 3 | | health and safety
requirements applicable to public schools | 4 | | under the laws of the State of
Illinois. On or before September | 5 | | 1, 2015, the State Board shall promulgate and post on its | 6 | | Internet website a list of non-curricular health and safety | 7 | | requirements that a charter school must meet. The list shall be | 8 | | updated annually no later than September 1. Any charter | 9 | | contract between a charter school and its authorizer must | 10 | | contain a provision that requires the charter school to follow | 11 | | the list of all non-curricular health and safety requirements | 12 | | promulgated by the State Board and any non-curricular health | 13 | | and safety requirements added by the State Board to such list | 14 | | during the term of the charter. Nothing in this subsection (d) | 15 | | precludes an authorizer from including non-curricular health | 16 | | and safety requirements in a charter school contract that are | 17 | | not contained in the list promulgated by the State Board, | 18 | | including non-curricular health and safety requirements of the | 19 | | authorizing local school board.
| 20 | | (e) Except as otherwise provided in the School Code, a | 21 | | charter school shall
not charge tuition; provided that a | 22 | | charter school may charge reasonable fees
for textbooks, | 23 | | instructional materials, and student activities.
| 24 | | (f) A charter school shall be responsible for the | 25 | | management and operation
of its fiscal affairs including,
but | 26 | | not limited to, the preparation of its budget. An audit of each |
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| 1 | | charter
school's finances shall be conducted annually by an | 2 | | outside, independent
contractor retained by the charter | 3 | | school. To ensure financial accountability for the use of | 4 | | public funds, on or before December 1 of every year of | 5 | | operation, each charter school shall submit to its authorizer | 6 | | and the State Board a copy of its audit and a copy of the Form | 7 | | 990 the charter school filed that year with the federal | 8 | | Internal Revenue Service. In addition, if deemed necessary for | 9 | | proper financial oversight of the charter school, an authorizer | 10 | | may require quarterly financial statements from each charter | 11 | | school.
| 12 | | (g) A charter school shall comply with all provisions of | 13 | | this Article, the Illinois Educational Labor Relations Act, all | 14 | | federal and State laws and rules applicable to public schools | 15 | | that pertain to special education and the instruction of | 16 | | English learners, and
its charter. A charter
school is exempt | 17 | | from all other State laws and regulations in this Code
| 18 | | governing public
schools and local school board policies; | 19 | | however, 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) | 24 | | is declaratory of existing law. | 25 | | (h) A charter school may negotiate and contract with a | 26 | | school district, the
governing body of a State college or |
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| 1 | | university or public community college, or
any other public or | 2 | | for-profit or nonprofit private entity for: (i) the use
of a | 3 | | school building and grounds or any other real property or | 4 | | facilities that
the charter school desires to use or convert | 5 | | for use as a charter school site,
(ii) the operation and | 6 | | maintenance thereof, and
(iii) the provision of any service, | 7 | | activity, or undertaking that the charter
school is required to | 8 | | perform in order to carry out the terms of its charter.
| 9 | | However, a charter school
that is established on
or
after April | 10 | | 16, 2003 (the effective date of Public Act 93-3) and that | 11 | | operates
in a city having a population exceeding
500,000 may | 12 | | not contract with a for-profit entity to
manage or operate the | 13 | | school during the period that commences on April 16, 2003 (the
| 14 | | effective date of Public Act 93-3) and
concludes at the end of | 15 | | the 2004-2005 school year.
Except as provided in subsection (i) | 16 | | of this Section, a school district may
charge a charter school | 17 | | reasonable rent for the use of the district's
buildings, | 18 | | grounds, and facilities. Any services for which a charter | 19 | | school
contracts
with a school district shall be provided by | 20 | | the district at cost. Any services
for which a charter school | 21 | | contracts with a local school board or with the
governing body | 22 | | of a State college or university or public community college
| 23 | | shall be provided by the public entity at cost.
| 24 | | (i) In no event shall a charter school that is established | 25 | | by converting an
existing school or attendance center to | 26 | | charter school status be required to
pay rent for space
that is |
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| 1 | | deemed available, as negotiated and provided in the charter | 2 | | agreement,
in school district
facilities. However, all other | 3 | | costs for the operation and maintenance of
school district | 4 | | facilities that are used by the charter school shall be subject
| 5 | | to negotiation between
the charter school and the local school | 6 | | board and shall be set forth in the
charter.
| 7 | | (j) A charter school may limit student enrollment by age or | 8 | | grade level.
| 9 | | (k) If the charter school is approved by the Commission, | 10 | | then the Commission charter school is its own local education | 11 | | agency. | 12 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 13 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 14 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 15 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 16 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | 17 | | eff. 8-14-18; revised 10-5-18.) | 18 | | Section 95. The State Mandates Act is amended by adding | 19 | | Section 8.43 as follows: | 20 | | (30 ILCS 805/8.43 new) | 21 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 | | of this Act, no reimbursement by the State is required for the | 23 | | implementation of any mandate created by the Seizure Smart | 24 | | School Act. ".
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| 1 | | Section 999. Effective date. This Act takes effect July 1, | 2 | | 2020.".
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