Bill Text: IL HB1475 | 2019-2020 | 101st General Assembly | Enrolled

Bill Title: Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student's school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student's seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Slight Partisan Bill (Democrat 25-11)

Status: (Enrolled) 2019-06-20 - Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez [HB1475 Detail]

Download: Illinois-2019-HB1475-Enrolled.html

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17 uncontrollable seizures.
18 (5) Fifty thousand people die from epilepsy-related
19 causes in the United States every year.
20 (6) Federal law affords people with epilepsy specific
21 rights and protections. These laws include Section 504 of
22 the Rehabilitation Act of 1973, the Individuals with
23 Disabilities Education Improvement Act of 2004, the

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1 Americans with Disabilities Act of 1990, and the ADA
2 Amendments Act of 2008.
3 Section 10. Definitions. In this Act:
4 "Delegated care aide" means a school employee or
5paraprofessional who has agreed to receive training in epilepsy
6and assist a student in implementing his or her seizure action
7plan and who has entered into an agreement with a parent or
8guardian of that student.
9 "School" means any primary or secondary public, charter, or
10nonpublic school located in this State.
11 "School employee" means a person who is employed by a
12school district or school as a nurse, principal, administrator,
13guidance counselor, or teacher, a person who is employed by a
14local health department and assigned to a school, or a person
15who contracts with a school or school district to perform
16services in connection with a student's seizure action plan.
17This definition may not be interpreted to require a school
18district, charter school, or nonpublic school to hire
19additional personnel for the sole purpose of the personnel to
20serve as a delegated care aide.
21 "Seizure action plan" means a document that specifies the
22services needed by a student with epilepsy at school and at
23school-sponsored activities and delegates to a delegated care
24aide the authority to provide and supervise these services.

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1 Section 15. Seizure action plan.
2 (a) For a student with epilepsy, a seizure action plan
3shall serve as the basis of the student's federal Section 504
4plan and must be signed by the student's parent or guardian if
5the student seeks assistance with epilepsy-related care in a
6school setting. If the student has been managing his or her
7epilepsy care in a school setting before the effective date of
8this Act, the student's parent or guardian may sign and submit
9a seizure action plan with the student's school. It is the
10responsibility of the student's parent or guardian to share the
11health care provider's instructions on the student's epilepsy
12management during the school day, including a copy of any
13prescriptions and the methods of administering those
15 (b) The services and accommodations specified in a seizure
16action plan must be reasonable, reflect the current best
17practice guidelines of seizure-management care, and include
18appropriate safeguards to ensure the proper disposal of used
19equipment and medication.
20 (c) A seizure action plan must be submitted to the
21student's school (i) at the beginning of the school year, (ii)
22upon enrollment, as soon practicable following the student's
23diagnosis, or (iii) when a student's care needs change during
24the school year. A student's parent or guardian is responsible
25for informing the school, in a timely manner, of any changes to
26the student's seizure action plan and emergency contact

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2 Section 20. Delegated care aides.
3 (a) A delegated care aide shall perform the activities and
4tasks necessary to assist a student with epilepsy in accordance
5with the student's seizure action plan.
6 (b) The principal of a school shall facilitate the school's
7compliance with the provisions of a student's seizure action
9 Section 25. Training for school employees and delegated
10care aides.
11 (a) During an inservice training workshop under Section
123-11 of the School Code, all school employees shall receive
13training in the basics of seizure recognition and first aid and
14appropriate emergency protocols. The training must be fully
15consistent with the best practice guidelines issued by the
16Centers for Disease Control and Prevention.
17 (b) In a school in which at least one student with epilepsy
18is enrolled, a delegated care aide must be trained to perform
19the tasks necessary to assist the student in accordance with
20his or her seizure action plan.
21 (c) The training of a delegated care aide must be provided
22by a licensed health care provider with an expertise in
23epilepsy or an epilepsy educator who has successfully completed
24the relevant curricula offered by the Centers for Disease

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

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1as a result of conduct, other than willful or wanton
2misconduct, related to the care of a student with epilepsy.
3 (b) A school employee may not be subject to any
4disciplinary proceeding resulting from an action taken in
5compliance with this Act, unless the action constitutes willful
6or wanton misconduct.
7 Section 50. Federal law. Nothing in this Act limits any
8rights available under federal law.
9 Section 90. The School Code is amended by changing Section
1027A-5 as follows:
11 (105 ILCS 5/27A-5)
12 Sec. 27A-5. Charter school; legal entity; requirements.
13 (a) A charter school shall be a public, nonsectarian,
14nonreligious, non-home based, and non-profit school. A charter
15school shall be organized and operated as a nonprofit
16corporation or other discrete, legal, nonprofit entity
17authorized under the laws of the State of Illinois.
18 (b) A charter school may be established under this Article
19by creating a new school or by converting an existing public
20school or attendance center to charter school status. Beginning
21on April 16, 2003 (the effective date of Public Act 93-3), in
22all new applications to establish a charter school in a city
23having 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
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;
6 (12) Sections 10-20.60 and 34-18.53 of this Code;
7 (13) Sections 10-20.63 and 34-18.56 of this Code; and
8 (14) Section 26-18 of this Code; and
9 (15) Section 22-30 of this Code; and .
10 (16) The Seizure Smart School Act.
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
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; 100-726, eff. 1-1-19; 100-863,
5eff. 8-14-18; revised 10-5-18.)
6 Section 95. The State Mandates Act is amended by adding
7Section 8.43 as follows:
8 (30 ILCS 805/8.43 new)
9 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by the Seizure Smart
12School Act.