HB 1475

Abstract

Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student's school. Provides that 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. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that 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. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement. House Committee Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Makes a change to the legislative findings. Changes the definition of "delegated care aide" to mean 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. Limits the definition of "school employee" to include, among other persons, a person who is employed by a school district or school as a principal, administrator, guidance counselor, or teacher. Provides that the training of a delegated care aide shall include consultation with the student's parent or guardian and may include consultation with an epilepsy educator approved by the Epilepsy Foundation of America and training for school employees must be provided annually through approximately one hour of self-study review approved by the Epilepsy Foundation of America or by an epilepsy educator approved by the Epilepsy Foundation of America (rather than requiring training for school employees and delegated care aides to be provided by a trained health care provider with an expertise in epilepsy). Removes a provision requiring the principal of a school to coordinate the training of all delegated care aides. Provides that, if applicable, a seizure action plan (rather than an information sheet) must be provided to any school employee who transports a student with epilepsy to a school-sponsored activity; makes a conforming change. Requires a school employee to be in compliance with the training provisions of the Act in order to have immunity. Adds an effective date of July 1, 2020. House Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill as amended by House Amendment No. 3 with the following changes. Provides that the definition of "school employee" 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. Provides that if a student has been managing his or her epilepsy care in a school setting before the effective date of the Act, the student's parent or guardian may (rather than must) sign and submit a seizure action plan with the student's school. Provides that it is the responsibility of a student's parent or guardian to share the health care provider's instructions on the student's epilepsy management during the school day. Removes a provision requiring the seizure action plan to include the treating physician's, advanced practice registered nurse's, or physician assistant's instructions on the student's epilepsy management during the school day. Provides that 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. Provides that the principal of a school shall facilitate the school's compliance with the provisions of a student's seizure action plan (rather than ensure that the school has at least one delegated care aide present and available at the school during all school hours and during school-sponsored activities). Provides that the training for school employees must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention. Provides that 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 (rather than must include consultation with the student's parent or guardian and may include consultation with an epilepsy educator approved by the Epilepsy Foundation of America). Makes other changes. Effective July 1, 2020. House Floor Amendment No. 5 Removes a provision requiring training for school employees to be provided annually through approximately one hour of self-study review approved by the Epilepsy Foundation of America or by an epilepsy educator approved by the Epilepsy Foundation of America.