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