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Elementary & Secondary Education Committee
Filed: 3/21/2007
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LRB095 03968 NHT 33891 a |
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| AMENDMENT TO HOUSE BILL 146
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| AMENDMENT NO. ______. Amend House Bill 146 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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| "Diabetes medical management plan" means a document that is |
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| completed by the parent or guardian of a student with diabetes, |
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| that sets out the services needed by the student at school and |
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| at school-sponsored activities, and that is signed by the |
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| parent or guardian. |
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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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| "Volunteer aide" means a school employee who has |
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| volunteered to be trained in diabetes care and assist students |
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| with diabetes care. |
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| Section 15. Diabetes medical management plan.
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| (a) A diabetes medical management plan must be submitted |
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| for any student with diabetes who seeks assistance with |
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| diabetes care in the school setting by the student's parent or |
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| guardian. |
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| (b) 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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| (c) A school nurse and a volunteer aide shall provide |
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| diabetes care for a student only after a student's parent or |
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| guardian (i) requests assistance and (ii) signs and submits a |
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| diabetes medical management plan to the school. |
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| Section 20. Volunteer aides.
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| (a) Upon receipt of a student's completed and signed |
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| diabetes medical management plan, a school principal shall do |
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| all of the following: |
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| (1) Seek school employees who are not health care |
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| professionals to serve as volunteer aides. |
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| (2) Assign volunteer aides to perform the tasks |
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| necessary to assist a student with diabetes in accordance |
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| with his or her diabetes medical management plan and in |
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| compliance with any guidelines provided during training |
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| under Section 25 of this Act. |
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| (3) Ensure the school has (i) at least one volunteer |
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| aide if a full-time school nurse is assigned to the school |
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| and (ii) at least 3 volunteer aides if a full-time school |
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| nurse is not assigned to the school. |
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| (b) Volunteer aides shall serve under the supervision of |
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| the principal. |
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| (c) 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 volunteer aide.
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| Section 25. Training for volunteer 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 school employees who |
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| choose to serve as volunteer aides. If a school nurse is not |
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| assigned to a school, the principal shall coordinate the |
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| training of volunteer 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 dial an insulin pen, how to draw a syringe, |
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| and how to administer insulin and keep a record of the |
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| amount 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) 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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| volunteer aides, nor may a school deny access to a student on |
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| the basis that a student has been diagnosed with 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. |
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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.".
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