HB4068 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4068 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4068, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The School Code is amended by adding Section | ||||||
| 6 | 14-8.02j as follows: | ||||||
| 7 | (105 ILCS 5/14-8.02j new) | ||||||
| 8 | Sec. 14-8.02j. Timelines for addressing requests for | ||||||
| 9 | disability accommodations under Section 504 of the federal | ||||||
| 10 | Rehabilitation Act of 1973. | ||||||
| 11 | (a) In this Section: | ||||||
| 12 | "Health care provider" means a physician licensed to | ||||||
| 13 | practice medicine in all of its branches, a licensed physician | ||||||
| 14 | assistant, or a licensed advanced practice registered nurse. | ||||||
| 15 | "Individualized health care plan" means a document | ||||||
| 16 | developed with the involvement of a school nurse or, if a | ||||||
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| 1 | school nurse is unavailable, a licensed nurse, that is | ||||||
| 2 | implemented in the school setting for a student with a | ||||||
| 3 | significant health condition who requires direct or indirect | ||||||
| 4 | nursing services at school. | ||||||
| 5 | "Qualified provider" means a licensed, certified, or | ||||||
| 6 | registered practitioner meeting State standards to deliver | ||||||
| 7 | specific services. | ||||||
| 8 | (b) Within 14 school days after receiving a written | ||||||
| 9 | request for a federal Section 504 plan from a child's parent or | ||||||
| 10 | guardian, a school district shall determine: | ||||||
| 11 | (1) whether the clinical information, which may | ||||||
| 12 | include a diagnosis from a health care provider or | ||||||
| 13 | qualified provider that is provided by the parent or | ||||||
| 14 | guardian, is sufficient to support the existence of a | ||||||
| 15 | disability pursuant to Section 504 of the federal | ||||||
| 16 | Rehabilitation Act of 1973 and eligibility for a Section | ||||||
| 17 | 504 plan; | ||||||
| 18 | (2) whether further evaluation is needed to make the | ||||||
| 19 | determination in paragraph (1); or | ||||||
| 20 | (3) whether there is no basis for an evaluation or | ||||||
| 21 | plan based on available information. | ||||||
| 22 | If the school district makes the determination not to confer | ||||||
| 23 | eligibility based on existing information or that an | ||||||
| 24 | evaluation is to be conducted, the school district shall | ||||||
| 25 | provide written notice to the parent or guardian explaining | ||||||
| 26 | the rationale for the determination. | ||||||
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| 1 | If the school district makes the determination that an | ||||||
| 2 | evaluation is to be conducted, the school district shall | ||||||
| 3 | convene a team of individuals, including the parent or | ||||||
| 4 | guardian, having the knowledge and skills necessary to | ||||||
| 5 | administer and interpret evaluation data. The composition of | ||||||
| 6 | the team shall vary depending on the nature of the student's | ||||||
| 7 | symptoms and other relevant factors. The team shall identify | ||||||
| 8 | any assessments that are necessary and other relevant | ||||||
| 9 | information, if any, that needs to be collected to complete | ||||||
| 10 | the evaluation. The school district shall ensure that written | ||||||
| 11 | notification of the team's conclusions is transmitted to the | ||||||
| 12 | parent or guardian within the 14-school-day timeline under | ||||||
| 13 | this subsection, along with the school district's request for | ||||||
| 14 | the parent's or guardian's consent to conduct the needed | ||||||
| 15 | assessments. After a meeting is scheduled within the | ||||||
| 16 | 14-school-day timeline under this subsection, the parent or | ||||||
| 17 | guardian may request, in writing, an extension of the | ||||||
| 18 | 14-school-day timeline for up to 10 additional school days. | ||||||
| 19 | The written request for an extension shall be maintained in | ||||||
| 20 | the student's temporary school records. | ||||||
| 21 | (c) For a student with documentation from a health care | ||||||
| 22 | provider indicating the need for an individualized health care | ||||||
| 23 | plan to address a significant health condition that is a | ||||||
| 24 | likely threat to the student's health or safety in the school | ||||||
| 25 | setting, the appropriate school personnel shall, within 14 | ||||||
| 26 | school days after receipt of (i) documentation from the health | ||||||
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| 1 | care provider outlining the student's medical need and (ii) | ||||||
| 2 | duly executed authorization for the release of information | ||||||
| 3 | forms pursuant to applicable federal and State laws to permit | ||||||
| 4 | school personnel to communicate and exchange information with | ||||||
| 5 | the health care provider, meet with the student's parent or | ||||||
| 6 | guardian and, if appropriate, the student, to consider the | ||||||
| 7 | creation of an individualized health care plan consistent with | ||||||
| 8 | the health care provider's health or safety recommendations. | ||||||
| 9 | If the appropriate school personnel agree with the health care | ||||||
| 10 | provider's recommendations, implementation of the | ||||||
| 11 | individualized health care plan shall commence within the | ||||||
| 12 | 14-school-day timeline under this subsection. The creation of | ||||||
| 13 | an individualized health care plan for a student does not | ||||||
| 14 | preclude the development of a Section 504 plan for the | ||||||
| 15 | student. | ||||||
| 16 | (d) Nothing in this Section supersedes the requirements in | ||||||
| 17 | Section 22-30 of this Code, the Care of Students with Diabetes | ||||||
| 18 | Act, or the Seizure Smart School Act. | ||||||
| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.". | ||||||
