Public Act 101-0050
 
HB1475 EnrolledLRB101 06173 AXK 51195 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the 
Seizure Smart School Act.
 
    Section 5. Findings.   The General Assembly finds all of the 
following:
        (1)  Over 200,000 people in the State of Illinois have 
    epilepsy.
        (2)  Epilepsy is the fourth most common neurological 
    disorder in the United States, after migraines, strokes, 
    and Alzheimer's disease.
        (3)  The prevalence of epilepsy is greater than autism 
    spectrum disorder, cerebral palsy, multiple sclerosis, and 
    Parkinson's disease combined.
        (4)  One-third of people with epilepsy live with 
    uncontrollable seizures.
        (5)  Fifty thousand people die from epilepsy-related 
    causes in the United States every year.
        (6)  Federal law affords people with epilepsy specific 
    rights and protections.  These laws include Section 504 of 
    the Rehabilitation Act of 1973, the Individuals with 
    Disabilities Education Improvement Act of 2004, the 
    Americans with Disabilities Act of 1990, and the ADA 
    Amendments Act of 2008.
 
    Section 10. Definitions.   In this Act:
    "Delegated care aide" means a school employee or 
paraprofessional who has agreed to receive training in epilepsy 
and assist a student in implementing his or her seizure action 
plan and who has entered into an agreement with a parent or 
guardian of that student.
    "School" means any primary or secondary public, charter, or 
nonpublic school located in this State.  
    "School employee" means a person who is employed by a 
school district or school as a nurse, principal, administrator, 
guidance counselor, or teacher, a person who is employed by a 
local health department and assigned to a school, or a person 
who contracts with a school or school district to perform 
services in connection with a student's seizure action plan.  
This definition may not be interpreted to require a school 
district, charter school, or nonpublic school to hire 
additional personnel for the sole purpose of the personnel to 
serve as a delegated care aide.
    "Seizure action plan" means a document that specifies the 
services needed by a student with epilepsy at school and at 
school-sponsored activities and delegates to a delegated care 
aide the authority to provide and supervise these services.
 
    Section 15. Seizure action plan. 
    (a) For a student with epilepsy, a seizure action plan 
shall serve as the basis of the student's federal Section 504 
plan and must be signed by the student's parent or guardian  if 
the student seeks assistance with  epilepsy-related care in a 
school setting. If the student has been managing his or her 
epilepsy care in a school setting before the effective date of 
this Act, the student's parent or guardian may sign and submit 
a seizure action plan with the student's school.  It is the 
responsibility of the student's parent or guardian to share the 
health care provider's instructions on the student's epilepsy 
management during the school day, including a copy of any 
prescriptions and the methods of administering those 
prescriptions.  
    (b)  The services and accommodations specified in a seizure 
action plan must be reasonable, reflect the current best 
practice guidelines of seizure-management care, and include 
appropriate  safeguards to ensure the proper disposal of used 
equipment and medication.
    (c)  A seizure action plan must be submitted to the 
student's school (i) at the beginning of the school year, (ii) 
upon enrollment, as soon practicable following the student's 
diagnosis, or (iii) when a student's care needs change during 
the school year.  A student's parent or guardian is responsible 
for informing the school, in a timely manner, of any changes to 
the student's seizure action plan and emergency contact 
information.
 
    Section 20. Delegated care aides.   
    (a)  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.
    (b)  The principal of a school shall facilitate the school's 
compliance with the provisions of a student's seizure action 
plan.  
 
    Section 25. Training for school employees and delegated 
care aides. 
    (a)  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. 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.
 
    Section 30. Self-management.  In accordance with his or her 
seizure action plan, a student must be permitted to possess on 
his or her person, at all times, the supplies, equipment, and 
medication necessary to treat epilepsy.  
 
    Section 35. Restricting access to school prohibited.    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.
 
    Section 40. Protection against retaliation.   A school 
employee may not be subject to any penalty, sanction, 
reprimand, discharge, demotion, denial of a promotion, 
withdrawal of benefits, or other disciplinary action for 
choosing not to volunteer to serve as a delegated care aide.
 
    Section 45. Immunity. 
    (a)  A school or a school employee who is in compliance with 
Section 25 of this Act is not liable for civil or other damages 
as a result of conduct, other than willful or wanton 
misconduct, related to the care of a student with epilepsy.  
    (b)  A school employee may not be subject to any 
disciplinary proceeding resulting from an action taken in 
compliance with this Act, unless the action constitutes willful 
or wanton misconduct.  
 
    Section 50. Federal law.  Nothing in this Act limits any 
rights available under federal law.  
 
    Section 90. The School Code is amended by changing Section 
27A-5 as follows:
 

    (105 ILCS 5/27A-5)

 

  
    Sec. 27A-5. Charter school; legal entity; requirements. 

    (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school.  A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

    (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.
Beginning 
on April 16, 2003 (the effective date of Public Act 93-3), in 
all new
applications to establish
a charter
school in a city 
having a population exceeding 500,000, operation of the
charter

school shall be limited to one campus. The changes made to this 
Section by Public Act 93-3 do not apply to charter schools 
existing or approved on or before April 16, 2003 (the
effective 
date of Public Act 93-3).
    (b-5)  In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
    From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code.  This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.
    On or before March 1, 2014, the Commission shall submit to 
the General Assembly a report on the effect of 
virtual-schooling, including without limitation the effect on 
student performance, the costs associated with 
virtual-schooling, and issues with oversight. The report shall 
include policy recommendations for virtual-schooling. 

    (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter.  The governing body of a charter school

shall be subject to the Freedom of Information Act and the Open 
Meetings Act.

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

    (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

    (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs including,
but 
not limited to, the preparation of its budget.  An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. To ensure financial accountability for the use of 
public funds, on or before December 1 of every year of 
operation, each charter school shall submit to its authorizer 
and the State Board a copy of its audit and a copy of the Form 
990 the charter school filed that year with the federal 
Internal Revenue Service. In addition, if deemed necessary for 
proper financial oversight of the charter school, an authorizer 
may require quarterly financial statements from each charter 
school. 

    (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, all 
federal and State laws and rules applicable to public schools 
that pertain to special education and the instruction of 
English learners, and
its charter.  A charter
school is exempt 
from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

        (1) Sections 10-21.9 and 34-18.5 of this Code regarding 
    criminal
 history records checks and checks of the Statewide 
    Sex Offender Database and Statewide Murderer and Violent 
    Offender Against Youth Database of applicants for 
    employment;

        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
    34-84a of this Code regarding discipline of
students;

        (3) the Local Governmental and Governmental Employees 
    Tort Immunity Act;

        (4) Section 108.75 of the General Not For Profit 
    Corporation Act of 1986
regarding indemnification of 
    officers, directors, employees, and agents;

        (5) the Abused and Neglected Child Reporting Act;

        (5.5) subsection (b) of Section 10-23.12 and 
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;

        (7) Section 10-17a of this Code regarding school report 
    cards;

        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying 
    prevention;
        (10) Section 2-3.162 of this Code regarding student 
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code; and
        (14) Section 26-18 of this Code; and
        (15) Section 22-30 of this Code; and . 
        (16) The Seizure Smart School Act. 
    The change made by Public Act 96-104 to this subsection (g) 
is declaratory of existing law.
    (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required to 
perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after April 
16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection (i) 
of this Section, a school district may
charge a charter school 
reasonable rent for the use of the district's
buildings, 
grounds, and facilities.  Any services for which a charter 
school
contracts
with a school district shall be provided by 
the district at cost.  Any services
for which a charter school 
contracts with a local school board or with the
governing body 
of a State college or university or public community college

shall be provided by the public entity at cost.

    (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities.  However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be subject

to negotiation between
the charter school and the local school 
board and shall be set forth in the
charter.

    (j) A charter school may limit student enrollment by age or 
grade level.


    (k) If the charter school is approved by the Commission, 
then the Commission charter school is its own local education 
agency. 
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, 
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, 
eff. 8-14-18; revised 10-5-18.)
 
    Section 95. The State Mandates Act is amended by adding 
Section 8.43 as follows:
 
    (30 ILCS 805/8.43 new)
    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by the Seizure Smart 
School Act.

 
    Section 999. Effective date. This Act takes effect July 1, 
2020.