Elementary & Secondary Education Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 146
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2 | AMENDMENT NO. ______. Amend House Bill 146 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Care | ||||||
5 | of Students with Diabetes Act. | ||||||
6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds the following: | ||||||
8 | (1) Diabetes is a serious chronic disease that impairs | ||||||
9 | the body's ability to use food for energy. In people with | ||||||
10 | diabetes, either the pancreas does not make insulin (Type | ||||||
11 | 1) or their body cannot use insulin properly (Type 2). | ||||||
12 | Without insulin, the body's main energy source, glucose, | ||||||
13 | cannot be used to fuel the body, so glucose builds up in | ||||||
14 | the blood, which can, over many years, cause damage to the | ||||||
15 | eyes, kidneys, nerves, heart, and small blood vessels. | ||||||
16 | (2) Diabetes must be managed 24 hours a day in order to |
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1 | (i) avoid the potentially life-threatening, short-term | ||||||
2 | consequences of blood sugar levels that are too low and | ||||||
3 | (ii) prevent or delay the serious complications of blood | ||||||
4 | sugar levels that are too high for too long, which include | ||||||
5 | blindness, amputation, heart disease, and kidney failure. | ||||||
6 | (3) Despite the rights and protections afforded by the | ||||||
7 | Rehabilitation Act of 1973, the Individuals with | ||||||
8 | Disabilities Education Improvement Act of 2004, and the | ||||||
9 | Americans with Disabilities Act of 1990, children with | ||||||
10 | diabetes still face discrimination in school and | ||||||
11 | elsewhere. | ||||||
12 | (4) The rights and protections afforded by these | ||||||
13 | federal laws are not implemented or enforced consistently | ||||||
14 | in schools and school districts throughout Illinois. | ||||||
15 | (5) A school nurse is the most appropriate person in a | ||||||
16 | school setting to provide care for a student with diabetes; | ||||||
17 | however, a school nurse may not always be available when | ||||||
18 | needed and many schools do not have a full-time nurse. | ||||||
19 | (6) Additional school employees must be trained to | ||||||
20 | assist students with diabetes care. By collaborating with | ||||||
21 | parents, schools and school districts can employ a team | ||||||
22 | approach to the care of students with diabetes. | ||||||
23 | (7) Because consistent diabetes care can significantly | ||||||
24 | reduce the risks of serious short-term and long-term | ||||||
25 | consequences and can increase a student's learning | ||||||
26 | opportunities, the General Assembly deems it in the public |
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1 | interest to enact this Act. | ||||||
2 | Section 10. Definitions. In this Act:
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3 | "Diabetes medical management plan" means a document that is | ||||||
4 | completed by the parent or guardian of a student with diabetes, | ||||||
5 | that sets out the services needed by the student at school and | ||||||
6 | at school-sponsored activities, and that is signed by the | ||||||
7 | parent or guardian. | ||||||
8 | "School" means any primary or secondary public, charter, or | ||||||
9 | private school located in this State. | ||||||
10 | "Principal" means the senior administrative executive of a | ||||||
11 | school and includes the principal's designee or designees. | ||||||
12 | "School employee" means a person who is employed by a | ||||||
13 | public school district or private school, a person who is | ||||||
14 | employed by a local health department and assigned to a school, | ||||||
15 | or a person who contracts with a school or school district to | ||||||
16 | perform services in connection with the care of students with | ||||||
17 | diabetes. | ||||||
18 | "School nurse" means a school employee who is a registered | ||||||
19 | nurse and who holds a valid Illinois nursing license. | ||||||
20 | "Volunteer aide" means a school employee who has | ||||||
21 | volunteered to be trained in diabetes care and assist students | ||||||
22 | with diabetes care. | ||||||
23 | Section 15. Diabetes medical management plan.
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24 | (a) A diabetes medical management plan must be submitted |
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1 | for any student with diabetes who seeks assistance with | ||||||
2 | diabetes care in the school setting by the student's parent or | ||||||
3 | guardian. | ||||||
4 | (b) A diabetes medical management plan must be submitted to | ||||||
5 | the school at the following time: | ||||||
6 | (1) before or at the beginning of the school year; | ||||||
7 | (2) upon enrollment of a student with diabetes, if the | ||||||
8 | student enrolls in the school after the beginning of the | ||||||
9 | school year; | ||||||
10 | (3) as soon as practicable following a student's | ||||||
11 | diagnosis; or | ||||||
12 | (4) when a student's care needs change during the | ||||||
13 | school year. | ||||||
14 | (c) A school nurse and a volunteer aide shall provide | ||||||
15 | diabetes care for a student only after a student's parent or | ||||||
16 | guardian (i) requests assistance and (ii) signs and submits a | ||||||
17 | diabetes medical management plan to the school. | ||||||
18 | Section 20. Volunteer aides.
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19 | (a) Upon receipt of a student's completed and signed | ||||||
20 | diabetes medical management plan, a school principal shall do | ||||||
21 | all of the following: | ||||||
22 | (1) Seek school employees who are not health care | ||||||
23 | professionals to serve as volunteer aides. | ||||||
24 | (2) Assign volunteer aides to perform the tasks | ||||||
25 | necessary to assist a student with diabetes in accordance |
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1 | with his or her diabetes medical management plan and in | ||||||
2 | compliance with any guidelines provided during training | ||||||
3 | under Section 25 of this Act. | ||||||
4 | (3) Ensure the school has (i) at least one volunteer | ||||||
5 | aide if a full-time school nurse is assigned to the school | ||||||
6 | and (ii) at least 3 volunteer aides if a full-time school | ||||||
7 | nurse is not assigned to the school. | ||||||
8 | (b) Volunteer aides shall serve under the supervision of | ||||||
9 | the principal. | ||||||
10 | (c) A school employee must not be subject to any penalty, | ||||||
11 | sanction, or other disciplinary action for refusing to serve as | ||||||
12 | a volunteer aide.
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13 | Section 25. Training for volunteer aides.
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14 | (a) If a school nurse is assigned to a school, the school | ||||||
15 | nurse shall coordinate the training of school employees who | ||||||
16 | choose to serve as volunteer aides. If a school nurse is not | ||||||
17 | assigned to a school, the principal shall coordinate the | ||||||
18 | training of volunteer aides. | ||||||
19 | (b) Training under this Section may be provided by the | ||||||
20 | following: | ||||||
21 | (1) a licensed health care provider with expertise in | ||||||
22 | diabetes; | ||||||
23 | (2) a school nurse, if he or she has recent and | ||||||
24 | verifiable training in current standards of diabetes care; | ||||||
25 | or |
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1 | (3) the parent or guardian of a student with diabetes. | ||||||
2 | (c) Training must be provided before the beginning of the | ||||||
3 | school year or as soon as practicable following (i) the | ||||||
4 | enrollment of a student with diabetes, if no other student | ||||||
5 | previously enrolled at the school has been diagnosed with | ||||||
6 | diabetes, or (ii) a diagnosis of diabetes for a student | ||||||
7 | enrolled at the school, if no other student enrolled at the | ||||||
8 | school has been diagnosed with diabetes. | ||||||
9 | (d) Training must include all of the following: | ||||||
10 | (1) The details of a student's diabetes medical | ||||||
11 | management plan. | ||||||
12 | (2) How to test blood glucose and record results. | ||||||
13 | (3) How to recognize and respond to the symptoms of | ||||||
14 | hypoglycemia. | ||||||
15 | (4) How to recognize and respond to the symptoms of | ||||||
16 | hyperglycemia. | ||||||
17 | (5) What to do in an emergency, including how to | ||||||
18 | administer glucagon. | ||||||
19 | (6) How to dial an insulin pen, how to draw a syringe, | ||||||
20 | and how to administer insulin and keep a record of the | ||||||
21 | amount administered. | ||||||
22 | (7) How carbohydrates, physical activity, and other | ||||||
23 | factors affect blood glucose levels and how to respond when | ||||||
24 | blood glucose levels are outside the target ranges | ||||||
25 | specified in a student's diabetes medical management plan. | ||||||
26 | (e) Training must be provided annually and may be provided |
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1 | as part of in-service training. | ||||||
2 | (f) The principal or school nurse, should one be assigned | ||||||
3 | full-time to a school, shall maintain a copy of the training | ||||||
4 | records. | ||||||
5 | Section 30. Independent monitoring and treatment. In | ||||||
6 | accordance with a student's diabetes medical management plan, a | ||||||
7 | student with diabetes must be permitted to do the following: | ||||||
8 | (1) perform blood glucose tests as needed; | ||||||
9 | (2) administer insulin with the insulin delivery | ||||||
10 | system used by the student; | ||||||
11 | (3) treat hypoglycemia and hyperglycemia and otherwise | ||||||
12 | attend to the care and management of his or her diabetes in | ||||||
13 | the classroom, in any area of the school or school grounds, | ||||||
14 | and at any school-related activity or event; and | ||||||
15 | (4) possess on his or her person, at all times, the | ||||||
16 | supplies and equipment necessary to monitor and treat | ||||||
17 | diabetes, including, but not limited to, glucometers, | ||||||
18 | lancets, test strips, insulin, syringes, insulin pens and | ||||||
19 | needle tips, insulin pumps, infusion sets, alcohol swabs, a | ||||||
20 | glucagon injection kit, glucose tablets, and food. | ||||||
21 | Section 35. Required information for certain school | ||||||
22 | employees. A school shall provide a one-page information sheet | ||||||
23 | to each employee providing transportation for a student with | ||||||
24 | diabetes or supervising a student with diabetes during a |
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1 | school-sponsored activity. The information sheet shall do the | ||||||
2 | following: | ||||||
3 | (1) identify the student with diabetes; | ||||||
4 | (2) identify potential emergencies that may occur as a | ||||||
5 | result of the student's diabetes and the appropriate | ||||||
6 | responses to such emergencies; and | ||||||
7 | (3) provide emergency contact information for the | ||||||
8 | student's parent or guardian. | ||||||
9 | Section 40. Restricting access to school prohibited. A | ||||||
10 | school district may not restrict the assignment of a student | ||||||
11 | with diabetes to a particular school on the basis that the | ||||||
12 | school does not have a full-time school nurse or the required | ||||||
13 | volunteer aides, nor may a school deny access to a student on | ||||||
14 | the basis that a student has been diagnosed with diabetes. | ||||||
15 | Section 45. Civil immunity; prohibition against | ||||||
16 | discipline.
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17 | (a) A school or a school employee is not liable for civil | ||||||
18 | or other damages as a result of conduct, other than willful or | ||||||
19 | wanton misconduct, related to the care of a student with | ||||||
20 | diabetes. | ||||||
21 | (b) A school employee must not be subject to any | ||||||
22 | disciplinary proceeding resulting from an action taken in | ||||||
23 | compliance with this Act, unless the action constitutes willful | ||||||
24 | or wanton misconduct. |
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1 | Section 50. Federal law. Nothing in this Act shall limit | ||||||
2 | any rights available under federal law. | ||||||
3 | Section 90. The State Mandates Act is amended by adding | ||||||
4 | Section 8.31 as follows: | ||||||
5 | (30 ILCS 805/8.31 new) | ||||||
6 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this Act, no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by the Care of Students | ||||||
9 | with Diabetes Act.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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