Bill Text: IL HB3690 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: In provisions concerning in-service training, provides that the training program shall cover teachers, administrators, and school support personnel (instead of teachers). Provides that teachers, administrators, and school support personnel must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. Sets forth further requirements for the training and exemptions. Removes other specified training in the training program. Amends various other Articles of the School Code, the Critical Health Problems and Comprehensive Health Education Act, the Care of Students with Diabetes Act, and the Seizure Smart School Act to make conforming changes. In provisions concerning the administering of opioid antagonists, removes provisions concerning annual training and requiring proof of cardiopulmonary resuscitation and automated external defibrillator certification to administer opioid antagonists. Makes other changes.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0542 [HB3690 Detail]

Download: Illinois-2023-HB3690-Chaptered.html



Public Act 103-0542
HB3690 EnrolledLRB103 29661 RJT 56063 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
3-11, 10-20.36, 10-20.61, 10-22.24b, 10-22.39, 10-23.12,
22-30, 27-23.6, 27-23.10, 34-18.25, and 34-18.54 as follows:
(105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
Sec. 3-11. Institutes or inservice training workshops. In
counties of less than 2,000,000 inhabitants, the regional
superintendent may arrange for or conduct district, regional,
or county institutes, or equivalent professional educational
experiences, not more than 4 days annually. Of those 4 days, 2
days may be used as a teachers, administrators, and school
support personnel teacher's and educational support personnel
workshop, when approved by the regional superintendent, up to
2 days may be used for conducting parent-teacher conferences,
or up to 2 days may be utilized as parental institute days as
provided in Section 10-22.18d. School Educational support
personnel may be exempt from a workshop if the workshop is not
relevant to the work they do. A school district may use one of
its 4 institute days on the last day of the school term.
"Institute" or "Professional educational experiences" means
any educational gathering, demonstration of methods of
instruction, visitation of schools or other institutions or
facilities, sexual abuse and sexual assault awareness seminar,
or training in First Aid (which may include cardiopulmonary
resuscitation or defibrillator training) held or approved by
the regional superintendent and declared by him to be an
institute day, or parent-teacher conferences. With the
concurrence of the State Superintendent of Education, the
regional superintendent he or she may employ such assistance
as is necessary to conduct the institute. Two or more
adjoining counties may jointly hold an institute. Institute
instruction shall be free to holders of licenses good in the
county or counties holding the institute and to those who have
paid an examination fee and failed to receive a license.
In counties of 2,000,000 or more inhabitants, the regional
superintendent may arrange for or conduct district, regional,
or county inservice training workshops, or equivalent
professional educational experiences, not more than 4 days
annually. Of those 4 days, 2 days may be used as a teachers,
administrators, and school support personnel teacher's and
educational support personnel workshop, when approved by the
regional superintendent, up to 2 days may be used for
conducting parent-teacher conferences, or up to 2 days may be
utilized as parental institute days as provided in Section
10-22.18d. School Educational support personnel may be exempt
from a workshop if the workshop is not relevant to the work
they do. A school district may use one of those 4 days on the
last day of the school term. "Inservice Training Workshops" or
"Professional educational experiences" means any educational
gathering, demonstration of methods of instruction, visitation
of schools or other institutions or facilities, sexual abuse
and sexual assault awareness seminar, or training in First Aid
(which may include cardiopulmonary resuscitation or
defibrillator training) held or approved by the regional
superintendent and declared by the regional superintendent him
to be an inservice training workshop, or parent-teacher
conferences. With the concurrence of the State Superintendent
of Education, the regional superintendent he may employ such
assistance as is necessary to conduct the inservice training
workshop. With the approval of the regional superintendent, 2
or more adjoining districts may jointly hold an inservice
training workshop. In addition, with the approval of the
regional superintendent, one district may conduct its own
inservice training workshop with subject matter consultants
requested from the county, State or any State institution of
higher learning.
Such teachers institutes as referred to in this Section
may be held on consecutive or separate days at the option of
the regional superintendent having jurisdiction thereof.
Whenever reference is made in this Act to "teachers
institute", it shall be construed to include the inservice
training workshops or equivalent professional educational
experiences provided for in this Section.
Any institute advisory committee existing on April 1,
1995, is dissolved and the duties and responsibilities of the
institute advisory committee are assumed by the regional
office of education advisory board.
Districts providing inservice training programs shall
constitute inservice committees, 1/2 of which shall be
teachers, 1/4 school service personnel and 1/4 administrators
to establish program content and schedules.
In addition to other topics not listed in this Section,
the The teachers institutes may shall include teacher training
committed to health conditions of students; social-emotional
learning; developing cultural competency; identifying warning
signs of mental illness and suicidal behavior in youth;
domestic and sexual violence and the needs of expectant and
parenting youth; protections and accommodations for students;
educator ethics; responding to child sexual abuse and grooming
behavior; and effective instruction in violence prevention and
conflict resolution. Institute programs in these topics shall
be credited toward hours of professional development required
for license renewal as outlined in subsection (e) of Section
21B-45 (i) peer counseling programs and other anti-violence
and conflict resolution programs, including without limitation
programs for preventing at risk students from committing
violent acts, and (ii) educator ethics and teacher-student
conduct. Beginning with the 2009-2010 school year, the
teachers institutes shall include instruction on prevalent
student chronic health conditions. Beginning with the
2016-2017 school year, the teachers institutes shall include,
at least once every 2 years, instruction on the federal
Americans with Disabilities Act as it pertains to the school
environment.
(Source: P.A. 99-30, eff. 7-10-15; 99-616, eff. 7-22-16.)
(105 ILCS 5/10-20.36)
Sec. 10-20.36. Psychotropic or psychostimulant medication;
disciplinary action.
(a) In this Section:
"Psychostimulant medication" means medication that
produces increased levels of mental and physical energy and
alertness and an elevated mood by stimulating the central
nervous system.
"Psychotropic medication" means psychotropic medication as
defined in Section 1-121.1 of the Mental Health and
Developmental Disabilities Code.
(b) Each school board must adopt and implement a policy
that prohibits any disciplinary action that is based totally
or in part on the refusal of a student's parent or guardian to
administer or consent to the administration of psychotropic or
psychostimulant medication to the student.
The policy must require that, at least once every 2 years,
the in-service training of certified school personnel and
administrators include training on current best practices
regarding the identification and treatment of attention
deficit disorder and attention deficit hyperactivity disorder,
the application of non-aversive behavioral interventions in
the school environment, and the use of psychotropic or
psychostimulant medication for school-age children.
(c) This Section does not prohibit school medical staff,
an individualized educational program team, or a qualified
professional worker (as defined in Section 14-1.10 of this
Code) from recommending that a student be evaluated by an
appropriate medical practitioner or prohibit school personnel
from consulting with the practitioner with the consent of the
student's parents or guardian.
(Source: P.A. 95-331, eff. 8-21-07.)
(105 ILCS 5/10-20.61)
Sec. 10-20.61. Implicit bias training.
(a) The General Assembly makes the following findings:
(1) implicit racial bias influences evaluations of and
behavior toward those who are the subject of the bias;
(2) understanding implicit racial bias is needed in
order to reduce that bias;
(3) marginalized students would benefit from having
access to educators who have worked to reduce their
biases; and
(4) training that helps educators overcome implicit
racial bias has implication for classroom interactions,
student evaluation, and classroom engagement; it also
affects student academic self-concept.
(b) Teachers, administrators, and school support personnel
shall complete training Each school board shall require
in-service training for school personnel to include training
to develop cultural competency, including understanding and
reducing implicit racial bias, as outlined in Sections
10-22.39 and 3-11.
(c) As used in this Section, "implicit racial bias" means
a preference, positive or negative, for a racial or ethnic
group that operates outside of awareness. This bias has 3
different components: affective, behavioral, and cognitive.
(Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/10-22.24b)
Sec. 10-22.24b. School counseling services. School
counseling services in public schools may be provided by
school counselors as defined in Section 10-22.24a of this Code
or by individuals who hold a Professional Educator License
with a school support personnel endorsement in the area of
school counseling under Section 21B-25 of this Code.
School counseling services may include, but are not
limited to:
(1) designing and delivering a comprehensive school
counseling program that promotes student achievement and
wellness;
(2) incorporating the common core language into the
school counselor's work and role;
(3) school counselors working as culturally skilled
professionals who act sensitively to promote social
justice and equity in a pluralistic society;
(4) providing individual and group counseling;
(5) providing a core counseling curriculum that serves
all students and addresses the knowledge and skills
appropriate to their developmental level through a
collaborative model of delivery involving the school
counselor, classroom teachers, and other appropriate
education professionals, and including prevention and
pre-referral activities;
(6) making referrals when necessary to appropriate
offices or outside agencies;
(7) providing college and career development
activities and counseling;
(8) developing individual career plans with students,
which includes planning for post-secondary education, as
appropriate, and engaging in related and relevant career
and technical education coursework in high school as
described in paragraph (55);
(9) assisting all students with a college or
post-secondary education plan, which must include a
discussion on all post-secondary education options,
including 4-year colleges or universities, community
colleges, and vocational schools, and includes planning
for post-secondary education, as appropriate, and engaging
in related and relevant career and technical education
coursework in high school as described in paragraph (55);
(10) intentionally addressing the career and college
needs of first generation students;
(11) educating all students on scholarships, financial
aid, and preparation of the Federal Application for
Federal Student Aid;
(12) collaborating with institutions of higher
education and local community colleges so that students
understand post-secondary education options and are ready
to transition successfully;
(13) providing crisis intervention and contributing to
the development of a specific crisis plan within the
school setting in collaboration with multiple
stakeholders;
(14) educating students, teachers, and parents on
anxiety, depression, cutting, and suicide issues and
intervening with students who present with these issues;
(15) providing counseling and other resources to
students who are in crisis;
(16) providing resources for those students who do not
have access to mental health services;
(17) addressing bullying and conflict resolution with
all students;
(18) teaching communication skills and helping
students develop positive relationships;
(19) using culturally sensitive culturally-sensitive
skills in working with all students to promote wellness;
(20) addressing the needs of undocumented students in
the school, as well as students who are legally in the
United States, but whose parents are undocumented;
(21) contributing to a student's functional behavioral
assessment, as well as assisting in the development of
non-aversive behavioral intervention strategies;
(22) (i) assisting students in need of special
education services by implementing the academic supports
and social-emotional and college or career development
counseling services or interventions per a student's
individualized education program (IEP); (ii) participating
in or contributing to a student's IEP and completing a
social-developmental history; or (iii) providing services
to a student with a disability under the student's IEP or
federal Section 504 plan, as recommended by the student's
IEP team or Section 504 plan team and in compliance with
federal and State laws and rules governing the provision
of educational and related services and school-based
accommodations to students with disabilities and the
qualifications of school personnel to provide such
services and accommodations;
(23) assisting in the development of a personal
educational plan with each student;
(24) educating students on dual credit and learning
opportunities on the Internet;
(25) providing information for all students in the
selection of courses that will lead to post-secondary
education opportunities toward a successful career;
(26) interpreting achievement test results and guiding
students in appropriate directions;
(27) counseling with students, families, and teachers,
in compliance with federal and State laws;
(28) providing families with opportunities for
education and counseling as appropriate in relation to the
student's educational assessment;
(29) consulting and collaborating with teachers and
other school personnel regarding behavior management and
intervention plans and inclusion in support of students;
(30) teaming and partnering with staff, parents,
businesses, and community organizations to support student
achievement and social-emotional learning standards for
all students;
(31) developing and implementing school-based
prevention programs, including, but not limited to,
mediation and violence prevention, implementing social and
emotional education programs and services, and
establishing and implementing bullying prevention and
intervention programs;
(32) developing culturally sensitive
culturally-sensitive assessment instruments for measuring
school counseling prevention and intervention
effectiveness and collecting, analyzing, and interpreting
data;
(33) participating on school and district committees
to advocate for student programs and resources, as well as
establishing a school counseling advisory council that
includes representatives of key stakeholders selected to
review and advise on the implementation of the school
counseling program;
(34) acting as a liaison between the public schools
and community resources and building relationships with
important stakeholders, such as families, administrators,
teachers, and board members;
(35) maintaining organized, clear, and useful records
in a confidential manner consistent with Section 5 of the
Illinois School Student Records Act, the Family
Educational Rights and Privacy Act, and the Health
Insurance Portability and Accountability Act;
(36) presenting an annual agreement to the
administration, including a formal discussion of the
alignment of school and school counseling program missions
and goals and detailing specific school counselor
responsibilities;
(37) identifying and implementing culturally sensitive
culturally-sensitive measures of success for student
competencies in each of the 3 domains of academic, social
and emotional, and college and career learning based on
planned and periodic assessment of the comprehensive
developmental school counseling program;
(38) collaborating as a team member in Response to
Intervention (RtI) and other school initiatives;
(39) conducting observations and participating in
recommendations or interventions regarding the placement
of children in educational programs or special education
classes;
(40) analyzing data and results of school counseling
program assessments, including curriculum, small-group,
and closing-the-gap results reports, and designing
strategies to continue to improve program effectiveness;
(41) analyzing data and results of school counselor
competency assessments;
(42) following American School Counselor Association
Ethical Standards for School Counselors to demonstrate
high standards of integrity, leadership, and
professionalism;
(43) knowing and embracing common core standards by
using common core language;
(44) practicing as a culturally skilled
culturally-skilled school counselor by infusing the
multicultural competencies within the role of the school
counselor, including the practice of culturally sensitive
culturally-sensitive attitudes and beliefs, knowledge, and
skills;
(45) infusing the Social-Emotional Standards, as
presented in the State Board of Education standards,
across the curriculum and in the counselor's role in ways
that empower and enable students to achieve academic
success across all grade levels;
(46) providing services only in areas in which the
school counselor has appropriate training or expertise, as
well as only providing counseling or consulting services
within his or her employment to any student in the
district or districts which employ such school counselor,
in accordance with professional ethics;
(47) having adequate training in supervision knowledge
and skills in order to supervise school counseling interns
enrolled in graduate school counselor preparation programs
that meet the standards established by the State Board of
Education;
(48) being involved with State and national
professional associations;
(49) complete the required training as outlined in
Section 10-22.39 participating, at least once every 2
years, in an in-service training program for school
counselors conducted by persons with expertise in domestic
and sexual violence and the needs of expectant and
parenting youth, which shall include training concerning
(i) communicating with and listening to youth victims of
domestic or sexual violence and expectant and parenting
youth, (ii) connecting youth victims of domestic or sexual
violence and expectant and parenting youth to appropriate
in-school services and other agencies, programs, and
services as needed, and (iii) implementing the school
district's policies, procedures, and protocols with regard
to such youth, including confidentiality; at a minimum,
school personnel must be trained to understand, provide
information and referrals, and address issues pertaining
to youth who are parents, expectant parents, or victims of
domestic or sexual violence;
(50) (blank); participating, at least every 2 years,
in an in-service training program for school counselors
conducted by persons with expertise in anaphylactic
reactions and management;
(51) (blank); participating, at least once every 2
years, in an in-service training on educator ethics,
teacher-student conduct, and school employee-student
conduct for all personnel;
(52) (blank); participating, in addition to other
topics at in-service training programs, in training to
identify the warning signs of mental illness and suicidal
behavior in adolescents and teenagers and learning
appropriate intervention and referral techniques;
(53) (blank); obtaining training to have a basic
knowledge of matters relating to acquired immunodeficiency
syndrome (AIDS), including the nature of the disease, its
causes and effects, the means of detecting it and
preventing its transmission, and the availability of
appropriate sources of counseling and referral and any
other information that may be appropriate considering the
age and grade level of the pupils; the school board shall
supervise such training and the State Board of Education
and the Department of Public Health shall jointly develop
standards for such training;
(54) participating in mandates from the State Board of
Education for bullying education and social-emotional
literacy literary; and
(55) promoting career and technical education by
assisting each student to determine an appropriate
postsecondary plan based upon the student's skills,
strengths, and goals and assisting the student to
implement the best practices that improve career or
workforce readiness after high school.
School districts may employ a sufficient number of school
counselors to maintain the national and State recommended
student-counselor ratio of 250 to 1. School districts may have
school counselors spend at least 80% of his or her work time in
direct contact with students.
Nothing in this Section prohibits other qualified
professionals, including other endorsed school support
personnel, from providing the services listed in this Section.
(Source: P.A. 101-290, eff. 8-9-19; 102-876, eff. 1-1-23;
revised 12-9-22.)
(105 ILCS 5/10-22.39)
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers,
administrators, and school support personnel.
(b) In addition to other topics at in-service training
programs listed in this Section, teachers, administrators, and
school support personnel who work with pupils must be trained
in the following topics: health conditions of students;
social-emotional learning; developing cultural competency;
identifying warning signs of mental illness and suicidal
behavior in youth; domestic and sexual violence and the needs
of expectant and parenting youth; protections and
accommodations for students; educator ethics; responding to
child sexual abuse and grooming behavior; and effective
instruction in violence prevention and conflict resolution.
In-service training programs in these topics shall be credited
toward hours of professional development required for license
renewal as outlined in subsection (e) of Section 21B-45.
School support personnel may be exempt from in-service
training if the training is not relevant to the work they do.
Nurses and school nurses, as defined by Section 10-22.23,
are exempt from training required in subsection (b-5).
Beginning July 1, 2024, all teachers, administrators, and
school support personnel shall complete training as outlined
in Section 10-22.39 during an in-service training program
conducted by their school board or through other training
opportunities, including, but not limited to, institutes under
Section 3-11. Such training must be completed within 6 months
of employment by a school board and renewed at least once every
5 years, unless required more frequently by other State or
federal law or in accordance with this Section. If teachers,
administrators, or school support personnel obtain training
outside of an in-service training program or from a previous
public school district or nonpublic school employer, they may
present documentation showing current compliance with this
subsection to satisfy the requirement of receiving training
within 6 months of first being employed. Training may be
delivered through online, asynchronous means.
(b-5) Training regarding health conditions of students for
staff required by this Section shall include, but is not
limited to:
(1) Chronic health conditions of students.
(2) Anaphylactic reactions and management. Such
training shall be conducted by persons with expertise in
anaphylactic reactions and management.
(3) The management of asthma, the prevention of asthma
symptoms, and emergency response in the school setting.
(4) The basics of seizure recognition and first aid
and appropriate emergency protocols. Such training must be
fully consistent with the best practice guidelines issued
by the Centers for Disease Control and Prevention.
(5) The basics of diabetes care, how to identify when
a student with diabetes needs immediate or emergency
medical attention, and whom to contact in the case of an
emergency.
(6) Current best practices regarding the
identification and treatment of attention deficit
hyperactivity disorder.
(7) Instruction on how to respond to an incident
involving life-threatening bleeding and, if applicable,
how to use a school's trauma kit. Beginning with the
2024-2025 school year, training on life-threatening
bleeding must be completed within 6 months of the employee
first being employed by a school board and renewed within
2 years. Beginning with the 2027-2028 school year, the
training must be completed within 6 months of the employee
first being employed by a school board and renewed at
least once every 5 years thereafter.
In consultation with professional organizations with
expertise in student health issues, including, but not limited
to, asthma management, anaphylactic reactions, seizure
recognition, and diabetes care, the State Board of Education
shall make available resource materials for educating school
personnel about student health conditions and emergency
response in the school setting.
A school board may satisfy the life-threatening bleeding
training under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
(b-10) The training regarding social-emotional learning,
for staff required by this Section may include, at a minimum,
providing education to all school personnel about the content
of the Illinois Social and Emotional Learning Standards, how
those standards apply to everyday school interactions, and
examples of how social emotional learning can be integrated
into instructional practices across all grades and subjects.
(b-15) The training regarding developing cultural
competency for staff required by this Section shall include,
but is not limited to, understanding and reducing implicit
bias, including implicit racial bias. As used in this
subsection, "implicit racial bias" has the meaning set forth
in Section 10-20.61.
(b-20) The training regarding identifying warning signs of
mental illness, trauma, and suicidal behavior in youth for
staff required by this Section shall include, but is not
limited to, appropriate intervention and referral techniques,
including resources and guidelines as outlined in Section
2-3.166.
Illinois Mental Health First Aid training, established
under the Illinois Mental Health First Aid Training Act, may
satisfy the requirements of this subsection.
If teachers, administrators, or school support personnel
obtain mental health first aid training outside of an
in-service training program, they may present a certificate of
successful completion of the training to the school district
to satisfy the requirements of this subsection. Training
regarding the implementation of trauma-informed practices
satisfies the requirements of this subsection.
(b-25) As used in this subsection:
"Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
"Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 2012, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
The training regarding domestic and sexual violence and
the needs of expectant and parenting youth for staff required
by this Section must be conducted by persons with expertise in
domestic and sexual violence and the needs of expectant and
parenting youth, and shall include, but is not limited to:
(1) communicating with and listening to youth victims
of domestic or sexual violence and expectant and parenting
youth;
(2) connecting youth victims of domestic or sexual
violence and expectant and parenting youth to appropriate
in-school services and other agencies, programs, and
services as needed;
(3) implementing the school district's policies,
procedures, and protocols with regard to such youth,
including confidentiality. At a minimum, school personnel
must be trained to understand, provide information and
referrals, and address issues pertaining to youth who are
parents, expectant parents, or victims of domestic or
sexual violence; and
(4) procedures for responding to incidents of teen
dating violence that take place at the school, on school
grounds, at school-sponsored activities, or in vehicles
used for school-provided transportation as outlined in
Section 3.10 of the Critical Health Problems and
Comprehensive Health Education Act.
(b-30) The training regarding protections and
accommodations for students shall include, but is not limited
to, instruction on the federal Americans with Disabilities
Act, as it pertains to the school environment, and
homelessness. Beginning with the 2024-2025 school year,
training on homelessness must be completed within 6 months of
an employee first being employed by a school board and renewed
within 2 years. Beginning with the 2027-2028 school year, the
training must be completed within 6 months of the employee
first being employed by a school board and renewed at least
once every 5 years thereafter. Training on homelessness shall
include the following:
(1) the definition of homeless children and youths
under 42 U.S.C. 11434a;
(2) the signs of homelessness and housing insecurity;
(3) the rights of students experiencing homelessness
under State and federal law;
(4) the steps to take when a homeless or
housing-insecure student is identified; and
(5) the appropriate referral techniques, including the
name and contact number of the school or school district
homeless liaison.
School boards may work with a community-based organization
that specializes in working with homeless children and youth
to develop and provide the training.
(b-35) The training regarding educator ethics and
responding to child sexual abuse and grooming behavior shall
include, but is not limited to, teacher-student conduct,
school employee-student conduct, and evidence-informed
training on preventing, recognizing, reporting, and responding
to child sexual abuse and grooming as outlined in Section
10-23.13.
(b-40) The training regarding effective instruction in
violence prevention and conflict resolution required by this
Section shall be conducted in accordance with the requirements
of Section 27-23.4.
(c) Beginning July 1, 2024, all nonpublic elementary and
secondary school teachers, administrators, and school support
personnel shall complete the training set forth in subsection
(b-5). Training must be completed within 6 months of first
being employed by a nonpublic school and renewed at least once
every 5 years, unless required more frequently by other State
or federal law. If nonpublic teachers, administrators, or
school support personnel obtain training from a public school
district or nonpublic school employer, the teacher,
administrator, or school support personnel may present
documentation to the nonpublic school showing current
compliance with this subsection to satisfy the requirement of
receiving training within 6 months of first being employed. at
least once every 2 years, licensed school personnel and
administrators who work with pupils in kindergarten through
grade 12 shall be trained to identify the warning signs of
mental illness, trauma, and suicidal behavior in youth and
shall be taught appropriate intervention and referral
techniques. A school district may utilize the Illinois Mental
Health First Aid training program, established under the
Illinois Mental Health First Aid Training Act and administered
by certified instructors trained by a national association
recognized as an authority in behavioral health, to provide
the training and meet the requirements under this subsection.
If licensed school personnel or an administrator obtains
mental health first aid training outside of an in-service
training program, he or she may present a certificate of
successful completion of the training to the school district
to satisfy the requirements of this subsection.
Training regarding the implementation of trauma-informed
practices satisfies the requirements of this subsection (b).
A course of instruction as described in this subsection
(b) may provide information that is relevant to and within the
scope of the duties of licensed school personnel or school
administrators. Such information may include, but is not
limited to:
(1) the recognition of and care for trauma in students
and staff;
(2) the relationship between educator wellness and
student learning;
(3) the effect of trauma on student behavior and
learning;
(4) the prevalence of trauma among students, including
the prevalence of trauma among student populations at
higher risk of experiencing trauma;
(5) the effects of implicit or explicit bias on
recognizing trauma among various student groups in
connection with race, ethnicity, gender identity, sexual
orientation, socio-economic status, and other relevant
factors; and
(6) effective district practices that are shown to:
(A) prevent and mitigate the negative effect of
trauma on student behavior and learning; and
(B) support the emotional wellness of staff.
(c) (Blank). School counselors, nurses, teachers and other
school personnel who work with pupils may be trained to have a
basic knowledge of matters relating to acquired
immunodeficiency syndrome (AIDS), including the nature of the
disease, its causes and effects, the means of detecting it and
preventing its transmission, and the availability of
appropriate sources of counseling and referral, and any other
information that may be appropriate considering the age and
grade level of such pupils. The School Board shall supervise
such training. The State Board of Education and the Department
of Public Health shall jointly develop standards for such
training.
(d) (Blank). In this subsection (d):
"Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
"Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or the Criminal Code of 2012 in Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training
program for school personnel who work with pupils, including,
but not limited to, school and school district administrators,
teachers, school social workers, school counselors, school
psychologists, and school nurses, must be conducted by persons
with expertise in domestic and sexual violence and the needs
of expectant and parenting youth and shall include training
concerning (i) communicating with and listening to youth
victims of domestic or sexual violence and expectant and
parenting youth, (ii) connecting youth victims of domestic or
sexual violence and expectant and parenting youth to
appropriate in-school services and other agencies, programs,
and services as needed, and (iii) implementing the school
district's policies, procedures, and protocols with regard to
such youth, including confidentiality. At a minimum, school
personnel must be trained to understand, provide information
and referrals, and address issues pertaining to youth who are
parents, expectant parents, or victims of domestic or sexual
violence.
(e) (Blank). At least every 2 years, an in-service
training program for school personnel who work with pupils
must be conducted by persons with expertise in anaphylactic
reactions and management.
(f) (Blank). At least once every 2 years, a school board
shall conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21;
102-638, eff. 1-1-23; 102-813, eff. 5-13-22.)
(105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
Sec. 10-23.12. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to
report.
(a) (Blank). To provide staff development for local school
site personnel who work with pupils in grades kindergarten
through 8 in the detection, reporting, and prevention of child
abuse and neglect.
(b) (Blank). The Department of Children and Family
Services may, in cooperation with school officials, distribute
appropriate materials in school buildings listing the
toll-free telephone number established in Section 7.6 of the
Abused and Neglected Child Reporting Act, including methods of
making a report under Section 7 of the Abused and Neglected
Child Reporting Act, to be displayed in a clearly visible
location in each school building.
(c) Except for an employee licensed under Article 21B of
this Code, if a school board determines that any school
district employee has willfully or negligently failed to
report an instance of suspected child abuse or neglect, as
required by the Abused and Neglected Child Reporting Act, then
the school board may dismiss that employee immediately upon
that determination. For purposes of this subsection (c),
negligent failure to report an instance of suspected child
abuse or neglect occurs when a school district employee
personally observes an instance of suspected child abuse or
neglect and reasonably believes, in his or her professional or
official capacity, that the instance constitutes an act of
child abuse or neglect under the Abused and Neglected Child
Reporting Act, and he or she, without willful intent, fails to
immediately report or cause a report to be made of the
suspected abuse or neglect to the Department of Children and
Family Services, as required by the Abused and Neglected Child
Reporting Act.
(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18;
101-531, eff. 8-23-19.)
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine injector or (B) the
self-carry of an epinephrine injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
injector, a written statement from the pupil's physician,
physician assistant, or advanced practice registered nurse
containing the following information:
(A) the name and purpose of the epinephrine
injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine injector is
to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or
plan pursuant to Section 504 of the federal Rehabilitation Act
of 1973 to administer an epinephrine injector to the student,
that meets the student's prescription on file.
(b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual
Health Care Action Plan, Illinois Food Allergy Emergency
Action Plan and Treatment Authorization Form, plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan to administer to the
student that meets the student's prescription on file; (ii)
administer an undesignated epinephrine injector that meets the
prescription on file to any student who has an Individual
Health Care Action Plan, Illinois Food Allergy Emergency
Action Plan and Treatment Authorization Form, plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan that authorizes the use
of an epinephrine injector; (iii) administer an undesignated
epinephrine injector to any person that the school nurse or
trained personnel in good faith believes is having an
anaphylactic reaction; (iv) administer an opioid antagonist to
any person that the school nurse or trained personnel in good
faith believes is having an opioid overdose; (v) provide
undesignated asthma medication to a student for
self-administration only or to any personnel authorized under
a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
(c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse and that the parents or guardians
must indemnify and hold harmless the school district, public
school, charter school, or nonpublic school and its employees
and agents against any claims, except a claim based on willful
and wanton conduct, arising out of the administration of
asthma medication, an epinephrine injector, or an opioid
antagonist regardless of whether authorization was given by
the pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes
is having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year
for which it is granted and shall be renewed each subsequent
school year upon fulfillment of the requirements of this
Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after
normal school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
in the name of the school district, public school, charter
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of an opioid antagonist
in any secure location where an individual may have an opioid
overdose. A health care professional who has been delegated
prescriptive authority for opioid antagonists in accordance
with Section 5-23 of the Substance Use Disorder Act may
prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the
undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector,
a school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
(g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public
school, charter school, or nonpublic school must maintain
records related to the training curriculum and trained
personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training
must be completed annually. Trained personnel must also submit
to the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, charter
school, or nonpublic school must maintain records relating to
the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and
its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the
importance of calling 9-1-1 or, if 9-1-1 is not available,
other local emergency medical services;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted
pursuant to this Section; and
(F) any policy developed by the State Board of
Education under Section 2-3.190.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource
materials. The State Board shall make these resource materials
available on its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress
and how to distinguish respiratory distress from
anaphylaxis;
(2) how to respond to an emergency involving
respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge
required to recognize respiratory distress and administer
asthma medication; and
(6) other criteria as determined in rules adopted
under this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe
allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,
public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
(1) the age and type of person receiving the asthma
medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the
person;
(3) the trigger that precipitated respiratory
distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma
medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication
administration; and
(8) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain
information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine injectors. This report
shall be published on the State Board's Internet website on
the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) (Blank). Every 2 years, school personnel who work
with pupils shall complete an in-person or online training
program on the management of asthma, the prevention of asthma
symptoms, and emergency response in the school setting. In
consultation with statewide professional organizations with
expertise in asthma management, the State Board of Education
shall make available resource materials for educating school
personnel about asthma and emergency response in the school
setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
102-813, eff. 5-13-22.)
(105 ILCS 5/27-23.6)
Sec. 27-23.6. Anti-bias education.
(a) The General Assembly finds that there is a significant
increase in violence in the schools and that much of that
violence is the result of intergroup tensions. The General
Assembly further finds that anti-bias education and intergroup
conflict resolution are effective methods for preventing
violence and lessening tensions in the schools and that these
methods are most effective when they are respectful of
individuals and their divergent viewpoints and religious
beliefs, which are protected by the First Amendment to the
Constitution of the United States.
(b) Beginning with the 2002-2003 school year, public
elementary and secondary schools may incorporate activities to
address intergroup conflict, with the objectives of improving
intergroup relations on and beyond the school campus, defusing
intergroup tensions, and promoting peaceful resolution of
conflict. The activities must be respectful of individuals and
their divergent viewpoints and religious beliefs, which are
protected by the First Amendment to the Constitution of the
United States. Such activities may include, but not be limited
to, instruction and teacher training programs.
(c) A school board that adopts a policy to incorporate
activities to address intergroup conflict as authorized under
subsection (b) of this Section shall make information
available to the public that describes the manner in which the
board has implemented the authority granted to it in this
Section. The means for disseminating this information (i)
shall include posting the information on the school district's
Internet web site, if any, and making the information
available, upon request, in district offices, and (ii) may
include without limitation incorporating the information in a
student handbook and including the information in a district
newsletter.
(Source: P.A. 92-763, eff. 8-6-02.)
(105 ILCS 5/27-23.10)
Sec. 27-23.10. Gang resistance education and training.
(a) The General Assembly finds that the instance of youth
delinquent gangs continues to rise on a statewide basis. Given
the higher rates of criminal offending among gang members, as
well as the availability of increasingly lethal weapons, the
level of criminal activity by gang members has taken on new
importance for law enforcement agencies, schools, the
community, and prevention efforts.
(b) As used in this Section:
"Gang resistance education and training" means and
includes instruction in, without limitation, each of the
following subject matters when accompanied by a stated
objective of reducing gang activity and educating children in
grades K through 12 about the consequences of gang
involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian
elementary or secondary school in this State may make suitable
provisions for instruction in gang resistance education and
training in all grades and include that instruction in the
courses of study regularly taught in those grades. For the
purposes of gang resistance education and training, a school
board or the governing body of a non-public, non-sectarian
elementary or secondary school must collaborate with State and
local law enforcement agencies. The State Board of Education
may assist in the development of instructional materials and
teacher training in relation to gang resistance education and
training.
(Source: P.A. 96-952, eff. 6-28-10.)
(105 ILCS 5/34-18.25)
Sec. 34-18.25. Psychotropic or psychostimulant medication;
disciplinary action.
(a) In this Section:
"Psychostimulant medication" means medication that
produces increased levels of mental and physical energy and
alertness and an elevated mood by stimulating the central
nervous system.
"Psychotropic medication" means psychotropic medication as
defined in Section 1-121.1 of the Mental Health and
Developmental Disabilities Code.
(b) The board must adopt and implement a policy that
prohibits any disciplinary action that is based totally or in
part on the refusal of a student's parent or guardian to
administer or consent to the administration of psychotropic or
psychostimulant medication to the student.
The policy must require that, at least once every 2 years,
the in-service training of certified school personnel and
administrators include training on current best practices
regarding the identification and treatment of attention
deficit disorder and attention deficit hyperactivity disorder,
the application of non-aversive behavioral interventions in
the school environment, and the use of psychotropic or
psychostimulant medication for school-age children.
(c) This Section does not prohibit school medical staff,
an individualized educational program team, or a qualified
professional worker (as defined in Section 14-1.10 of this
Code) from recommending that a student be evaluated by an
appropriate medical practitioner or prohibit school personnel
from consulting with the practitioner with the consent of the
student's parents or guardian.
(Source: P.A. 95-331, eff. 8-21-07.)
(105 ILCS 5/34-18.54)
Sec. 34-18.54. Implicit bias training.
(a) The General Assembly makes the following findings:
(1) implicit racial bias influences evaluations of and
behavior toward those who are the subject of the bias;
(2) understanding implicit racial bias is needed in
order to reduce that bias;
(3) marginalized students would benefit from having
access to educators who have worked to reduce their
biases; and
(4) training that helps educators overcome implicit
racial bias has implication for classroom interactions,
student evaluation, and classroom engagement; it also
affects student academic self-concept.
(b) The board shall require in-service training for
teachers, administrators, and school support personnel to
include training to develop cultural competency, including
understanding and reducing implicit racial bias as outlined in
Sections 10-22.39 and 3-11.
(c) As used in this Section, "implicit racial bias" means
a preference, positive or negative, for a racial or ethnic
group that operates outside of awareness. This bias has 3
different components: affective, behavioral, and cognitive.
(Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/34-18.7 rep.)
(105 ILCS 5/34-18.8 rep.)
Section 10. The School Code is amended by repealing
Sections 34-18.7 and 34-18.8.
Section 15. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 3.10 as
follows:
(105 ILCS 110/3.10)
Sec. 3.10. Policy on teen dating violence.
(a) As used in this Section:
"Dating" or "dating relationship" means an ongoing social
relationship of a romantic or intimate nature between 2
persons. "Dating" or "dating relationship" does not include a
casual relationship or ordinary fraternization between 2
persons in a business or social context.
"Teen dating violence" means either of the following:
(1) A pattern of behavior in which a person uses or
threatens to use physical, mental, or emotional abuse to
control another person who is in a dating relationship
with the person, where one or both persons are 13 to 19
years of age.
(2) Behavior by which a person uses or threatens to
use sexual violence against another person who is in a
dating relationship with the person, where one or both
persons are 13 to 19 years of age.
(b) The school board of each public school district in
this State shall adopt a policy that does all of the following:
(1) States that teen dating violence is unacceptable
and is prohibited and that each student has the right to a
safe learning environment.
(2) Incorporates age-appropriate education about teen
dating violence into new or existing training programs for
students in grades 7 through 12 and school employees as
outlined in Sections 10-22.39 and 3-11 of the School Code ,
as recommended by the school officials identified under
subdivision (4) of this subsection (b).
(3) Establishes procedures for the manner in which
employees of a school are to respond to incidents of teen
dating violence that take place at the school, on school
grounds, at school-sponsored activities, or in vehicles
used for school-provided transportation.
(4) Identifies by job title the school officials who
are responsible for receiving reports related to teen
dating violence.
(5) Notifies students and parents of the teen dating
violence policy adopted by the board.
(Source: P.A. 98-190, eff. 8-6-13.)
Section 20. The Care of Students with Diabetes Act is
amended by changing Section 25 as follows:
(105 ILCS 145/25)
Sec. 25. Training for school employees and delegated care
aides.
(a) Teachers, administrators, and school support personnel
In schools that have a student with diabetes, all school
employees shall receive training in the basics of diabetes
care, how to identify when a student with diabetes needs
immediate or emergency medical attention, and whom to contact
in the case of an emergency as outlined in Sections 10-22.39
and 3-11 during regular inservice training under Section 3-11
of the School Code.
(b) Delegated care aides shall be trained to perform the
tasks necessary to assist a student with diabetes in
accordance with his or her diabetes care plan, including
training to do the following:
(1) check blood glucose and record results;
(2) recognize and respond to the symptoms of
hypoglycemia according to the diabetes care plan;
(3) recognize and respond to the symptoms of
hyperglycemia according to the diabetes care plan;
(4) estimate the number of carbohydrates in a snack or
lunch;
(5) administer insulin according to the student's
diabetes care plan and keep a record of the amount
administered; and
(6) respond in an emergency, including administering
glucagon and calling 911.
(c) The school district shall coordinate staff training
for delegated care aides, teachers, administrators, and school
support personnel.
(d) Initial training of a delegated care aide shall be
provided by a licensed healthcare provider with expertise in
diabetes or a certified diabetic educator and individualized
by a student's parent or guardian. Training must be consistent
with the guidelines provided by the U.S. Department of Health
and Human Services in the guide for school personnel entitled
"Helping the Student with Diabetes Succeed". The training
shall be updated when the diabetes care plan is changed and at
least annually.
(e) School nurses, where available, or health care
providers may provide technical assistance or consultation or
both to delegated care aides.
(f) An information sheet shall be provided to any school
employee who transports a student for school-sponsored
activities. It shall identify the student with diabetes,
identify potential emergencies that may occur as a result of
the student's diabetes and the appropriate responses to such
emergencies, and provide emergency contact information.
(Source: P.A. 101-428, eff. 8-19-19.)
Section 25. The Seizure Smart School Act is amended by
changing Section 25 as follows:
(105 ILCS 150/25)
Sec. 25. Training for school employees and delegated care
aides.
(a) Teachers, administrators, and school support personnel
During an inservice training workshop under Section 3-11 of
the School Code, all school employees shall receive training
in the basics of seizure recognition and first aid and
appropriate emergency protocols as outlined in Sections
10-22.39 and 3-11 in the School Code. The training must be
fully consistent with the best practice guidelines issued by
the Centers for Disease Control and Prevention.
(b) In a school in which at least one student with epilepsy
is enrolled, a delegated care aide must be trained to perform
the tasks necessary to assist the student in accordance with
his or her seizure action plan.
(c) The training of a delegated care aide must be provided
by a licensed health care provider with an expertise in
epilepsy or an epilepsy educator who has successfully
completed the relevant curricula offered by the Centers for
Disease Control and Prevention.
(d) If applicable, a seizure action plan must be provided
to any school employee who transports a student with epilepsy
to a school-sponsored activity.
(Source: P.A. 101-50, eff. 7-1-20.)
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