Sen. Don Harmon
Filed: 5/17/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 846 




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    AMENDMENT NO. ______. Amend Senate Bill 846 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the Care 
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of Students with Diabetes Act.
 
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    Section 5. Legislative findings.  The General Assembly 
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finds the following:
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        (1)  Diabetes is a serious chronic disease that impairs 
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    the body's ability to use food for energy. In people with 
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    diabetes, either the pancreas does not make insulin (Type 
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    1) or their body cannot use insulin properly (Type 2).  
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    Without insulin, the body's main energy source, glucose, 
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    cannot be used to fuel the body, so glucose builds up in 
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    the blood, which can, over many years, cause damage to the 
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    eyes, kidneys, nerves, heart, and small blood vessels.
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        (2)  Diabetes must be managed 24 hours a day in order to 
 


 






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    (i) avoid the potentially life-threatening, short-term 
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    consequences of blood sugar levels that are too low and 
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    (ii) prevent or delay the serious complications of blood 
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    sugar levels that are too high for too long, which include 
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    blindness, amputation, heart disease, and kidney failure.
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        (3)  Despite the rights and protections afforded by the 
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    Rehabilitation Act of 1973, the Individuals with 
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    Disabilities Education Improvement Act of 2004, and the 
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    Americans with Disabilities Act of 1990, children with 
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    diabetes still face discrimination in school and 
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    elsewhere.
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        (4)  The rights and protections afforded by these 
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    federal laws are not implemented or enforced consistently 
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    in schools and school districts throughout Illinois.
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        (5)  A school nurse is the most appropriate person in a 
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    school setting to provide care for a student with diabetes; 
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    however, a school nurse may not always be available when 
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    needed and many schools do not have a full-time nurse.
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        (6)  Additional school employees must be trained to 
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    assist students with diabetes care. By collaborating with 
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    parents, schools and school districts can employ a team 
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    approach to the care of students with diabetes.
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        (7)  Because consistent diabetes care can significantly 
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    reduce the risks of serious short-term and long-term 
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    consequences and can increase a student's learning 
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    opportunities, the General Assembly deems it in the public 
 


 






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    interest to enact this Act.
 
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    Section 10. Definitions. In this Act:
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    "Designated diabetes care aide" means a school employee 
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designated by the principal, including without limitation a 
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teacher's aide, a personal aide, a case manager, or another 
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volunteer school employee, who is trained in diabetes care and 
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assists students with diabetes care.

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    "Diabetes medical management plan" means a document  that 
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sets out the services needed by the student at school and at 
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school-sponsored activities.
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    "School" means any primary or secondary public, charter, or 
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private school located in this State.
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    "Principal" means the senior administrative executive of a 
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school and includes the principal's designee or designees.
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    "School employee" means a person who is employed by a 
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public school district or private school, a person who is 
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employed by a local health department and assigned to a school, 
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or a person who contracts with a school or school district to 
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perform services in connection with the care of students with 
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diabetes.
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    "School nurse" means a school employee who is a registered 
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nurse and who holds a valid Illinois nursing license.
 
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    Section 15. Diabetes medical management plan. 

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    (a)  A diabetes medical management plan must be signed and 
 


 






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submitted by a parent or guardian for any student with diabetes 
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who seeks assistance with diabetes care in the school setting. 
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The diabetes medical management plan must be accompanied by 
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proof of diagnosis of diabetes and a prescription or 
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prescriptions, including the name of the medication and the 
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method of administration.  Proof shall consist of a statement 
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from a physician licensed to practice medicine in all its 
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branches.
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    (b) The services and accommodations specified in a diabetes 
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medical management plan shall be reasonable, reflect the 
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current standards of diabetes care, and include appropriate 
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safeguards to ensure that syringes and lancets are disposed of 
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properly.
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    (c)  A diabetes medical management plan must be submitted to 
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the school at the following time:
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        (1)  before or at the beginning of the school year;
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        (2)  upon enrollment of a student with diabetes, if the 
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    student enrolls in the school after the beginning of the 
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    school year;
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        (3)  as soon as practicable following a student's 
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    diagnosis; or
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        (4)  when a student's care needs change during the 
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    school year.
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    (d)  A school nurse or a designated diabetes care aide shall 
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provide diabetes care for a student only after a student's 
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parent or guardian (i) requests assistance and (ii) signs and 
 


 






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submits a diabetes medical management plan to the school.
 
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    Section 20. Designated diabetes care aides.
 
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    (a)  Upon receipt of a student's completed and signed 
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diabetes medical management plan and in the absence of a 
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full-time school nurse, a school principal shall appoint a 
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designated diabetes care aide to perform the tasks necessary to 
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assist a student with diabetes in accordance with his or her 
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diabetes medical management plan and in compliance with any 
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guidelines provided during training under Section 25 of this 
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Act.     
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    (b) The principal shall ensure the school has at least one 
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designated diabetes care aide or one full-time nurse assigned 
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to the school and available during school hours. 
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    (c) Designated diabetes care aides shall serve under the 
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supervision of the principal.
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    (d)  A school employee must not be subject to any penalty, 
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sanction, or other disciplinary action for refusing to serve as 
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a designated diabetes care aide.
 
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    Section 25. Training for designated diabetes care aides. 

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    (a)  If a school nurse is assigned to a school, the school 
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nurse shall coordinate the training of designated diabetes care 
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aides. If a school nurse is not assigned to a school, the 
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principal shall coordinate the training of designated diabetes 
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care aides.
 


 






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    (b)  Training under this Section may be provided by the 
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following:
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        (1)  a licensed health care provider with expertise in 
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    diabetes;
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        (2)  a school nurse, if he or she has recent and 
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    verifiable training in current standards of diabetes care; 
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    or
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        (3)  the parent or guardian of a student with diabetes.
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    (c)  Training must be provided before the beginning of the 
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school year or as soon as practicable following (i) the 
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enrollment of a student with diabetes, if no other student 
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previously enrolled at the school has been diagnosed with 
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diabetes, or (ii) a diagnosis of diabetes for a student 
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enrolled at the school, if no other student enrolled at the 
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school has been diagnosed with diabetes.
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    (d)  Training must include all of the following:
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        (1)  The details of a student's diabetes medical 
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    management plan.
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        (2)  How to test blood glucose and record results.
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        (3)  How to recognize and respond to the symptoms of 
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    hypoglycemia.
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        (4)  How to recognize and respond to the symptoms of 
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    hyperglycemia.
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        (5)  What to do in an emergency, including how to 
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    administer glucagon.
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        (6)  How to prepare and administer insulin according to 
 


 






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    the device identified in the student's diabetes medical 
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    management plan and keep a record of the amount 
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    administered.
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        (7)  How carbohydrates, physical activity, and other 
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    factors affect blood glucose levels and how to respond when 
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    blood glucose levels are outside the target ranges 
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    specified in a student's diabetes medical management plan.
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    (e)  Training must be provided annually and may be provided 
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as part of in-service training.
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    (f) Training may be provided for other school employees who 
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are not currently serving as designated diabetes care aides, at 
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the discretion of the principal.
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    (g)  The principal or school nurse, should one be assigned 
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full-time to a school, shall maintain a copy of the training 
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records.
 
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    Section 30. Independent monitoring and treatment.  In 
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accordance with a student's diabetes medical management plan, a 
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student with diabetes must be permitted to do the following:
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        (1)  perform blood glucose tests as needed;
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        (2)  administer insulin with the insulin delivery 
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    system used by the student;
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        (3)  treat hypoglycemia and hyperglycemia and otherwise 
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    attend to the care and management of his or her diabetes in 
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    the classroom, in any area of the school or school grounds, 
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    and at any school-related activity or event; and
 


 






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        (4)  possess on his or her person, at all times, the 
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    supplies and equipment necessary to monitor and treat 
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    diabetes, including, but not limited to, glucometers, 
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    lancets, test strips, insulin, syringes, insulin pens and 
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    needle tips, insulin pumps, infusion sets, alcohol swabs, a 
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    glucagon injection kit, glucose tablets, and food.
 
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    Section 35. Required information for certain school 
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employees.   A school shall provide a one-page information sheet 
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to each employee providing transportation for a student with 
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diabetes or supervising a student with diabetes during a 
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school-sponsored activity.  The information sheet shall do the 
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following:
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        (1)  identify the student with diabetes;
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        (2)  identify potential emergencies that may occur as a 
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    result of the student's diabetes and the appropriate 
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    responses to such emergencies; and
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        (3)  provide emergency contact information for the 
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    student's parent or guardian.
 
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    Section 40. Restricting access to school prohibited.   A 
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school district may not restrict the assignment of a student 
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with diabetes to a particular school on the basis that the 
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school does not have a full-time school nurse or the required 
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designated diabetes care aides, nor may a school deny access to 
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a student on the basis that a student has been diagnosed with 
 


 






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diabetes.
 
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    Section 45. Civil immunity; prohibition against 
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discipline. 

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    (a)  A school or a school employee is not liable for civil 
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or other damages as a result of conduct, other than willful or 
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wanton misconduct, related to the care of a student with 
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diabetes.
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    (b)  A school employee must not be subject to any 
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disciplinary proceeding resulting from an action taken in 
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compliance with this Act, unless the action constitutes willful 
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or wanton misconduct, as long as the provisions of this Act are 
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met.
 
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    Section 50. Federal law. Nothing in this Act shall limit 
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any rights available under federal law.
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by the Care of Students 
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with Diabetes Act.
 

 


 






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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".