Full Text of HB5338 95th General Assembly
HB5338sam002 95TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 5/28/2008
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| AMENDMENT TO HOUSE BILL 5338
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| AMENDMENT NO. ______. Amend House Bill 5338, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by adding Section | 6 |
| 2-3.148 and by changing Section 24-6 as follows: | 7 |
| (105 ILCS 5/2-3.148 new) | 8 |
| Sec. 2-3.148. Food allergy guidelines. | 9 |
| (a) Not later than July 1, 2009, the State Board of | 10 |
| Education, in conjunction with the Department of Public Health, | 11 |
| shall develop and make available to each school board | 12 |
| guidelines for the management of students with | 13 |
| life-threatening food allergies. The guidelines shall include, | 14 |
| but need not be limited to, the following: | 15 |
| (1) education and training for school personnel on the | 16 |
| management of students with life-threatening food |
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| allergies, including training related to the | 2 |
| administration of medication with a cartridge injector; | 3 |
| (2) procedures for responding to life-threatening | 4 |
| allergic reactions to food; | 5 |
| (3) a process for the implementation of individualized | 6 |
| health care and food allergy action plans for every student | 7 |
| with a life-threatening food allergy; and | 8 |
| (4) protocols to prevent exposure to food allergens. | 9 |
| (b) Not later than January 1, 2010, each school board shall | 10 |
| implement a policy based on the guidelines developed pursuant | 11 |
| to subsection (a) of this Section for the management of | 12 |
| students with life-threatening food allergies enrolled in the | 13 |
| schools under its jurisdiction.
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| (105 ILCS 5/24-6) (from Ch. 122, par. 24-6)
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| Sec. 24-6. Sick leave. The school boards of all school | 16 |
| districts, including special charter
districts, but not | 17 |
| including school districts in municipalities of 500,000
or | 18 |
| more, shall grant their full-time teachers, and also shall | 19 |
| grant
such of their other employees as are eligible to | 20 |
| participate in the
Illinois Municipal Retirement Fund under the | 21 |
| "600-Hour Standard"
established, or under such other | 22 |
| eligibility participation standard as may
from time to time be | 23 |
| established, by rules and regulations now or hereafter
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| promulgated by the Board of that Fund under Section 7-198 of | 25 |
| the Illinois
Pension Code, as now or hereafter amended, sick |
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| leave
provisions not less in amount than 10 days at full pay in | 2 |
| each school year.
If any such teacher or employee does not use | 3 |
| the full amount of annual leave
thus allowed, the unused amount | 4 |
| shall be allowed to accumulate to a minimum
available leave of | 5 |
| 180 days at full pay, including the leave of the current
year. | 6 |
| Sick leave shall be interpreted to mean personal illness, | 7 |
| quarantine
at home, serious illness or death in the immediate | 8 |
| family or household, or
birth, adoption, or placement for | 9 |
| adoption.
The school board may require a certificate from a | 10 |
| physician licensed in Illinois to practice medicine and surgery | 11 |
| in all its branches, an advanced practice nurse who has a | 12 |
| written collaborative agreement with a collaborating physician | 13 |
| that authorizes the advanced practice nurse to perform health | 14 |
| examinations, or a physician assistant who has been delegated | 15 |
| the authority to perform health examinations by his or her | 16 |
| supervising physician, or , if the treatment
is by prayer or | 17 |
| spiritual means, that of a spiritual adviser or
practitioner of | 18 |
| the teacher's or employee's such person's faith , as a basis for | 19 |
| pay during leave after
an absence of 3 days for personal | 20 |
| illness or 30 days for birth , or as the school board it may | 21 |
| deem necessary in
other cases. If the school board does require | 22 |
| a
certificate
as a basis for pay during leave of
less than 3 | 23 |
| days for personal illness , the school board shall pay, from | 24 |
| school funds, the
expenses incurred by the teachers or other | 25 |
| employees in obtaining the certificate. For paid leave for | 26 |
| adoption or placement for adoption, the school board may |
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| require that the teacher or other employee provide evidence | 2 |
| that the formal adoption process is underway, and such leave is | 3 |
| limited to 30 days unless a longer leave has been negotiated | 4 |
| with the exclusive bargaining representative.
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| If, by reason of any change in the boundaries of school | 6 |
| districts, or by
reason of the creation of a new school | 7 |
| district, the employment of a
teacher is transferred to a new | 8 |
| or different board, the accumulated sick
leave of such teacher | 9 |
| is not thereby lost, but is transferred to such new
or | 10 |
| different district.
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| For purposes of this Section, "immediate family" shall | 12 |
| include parents,
spouse, brothers, sisters, children, | 13 |
| grandparents, grandchildren,
parents-in-law, brothers-in-law, | 14 |
| sisters-in-law, and legal guardians.
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| (Source: P.A. 94-350, eff. 7-28-05; 95-151, eff. 8-14-07.)
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| Section 99. Effective date. This Section and the provisions | 17 |
| changing Section 24-6 of the School Code take effect upon | 18 |
| becoming law.".
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