105 ILCS 150/ Seizure Smart School Act.

(105 ILCS 150/1)

Sec. 1. Short title. This Act may be cited as the Seizure Smart School Act.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/5)

Sec. 5. Findings. The General Assembly finds all of the following:

(1) Over 200,000 people in the State of Illinois have epilepsy.

(2) Epilepsy is the fourth most common neurological disorder in the United States, after migraines, strokes, and Alzheimer's disease.

(3) The prevalence of epilepsy is greater than autism spectrum disorder, cerebral palsy, multiple sclerosis, and Parkinson's disease combined.

(4) One-third of people with epilepsy live with uncontrollable seizures.

(5) Fifty thousand people die from epilepsy-related causes in the United States every year.

(6) Federal law affords people with epilepsy specific rights and protections. These laws include Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Improvement Act of 2004, the Americans with Disabilities Act of 1990, and the ADA Amendments Act of 2008.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/10)

Sec. 10. Definitions. In this Act:

"Delegated care aide" means 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.

"School" means any primary or secondary public, charter, or nonpublic school located in this State.

"School employee" means a person who is employed by a school district or school as a nurse, principal, administrator, school counselor, or teacher, a person who is employed by a local health department and assigned to a school, or a person who contracts with a school or school district to perform services in connection with a student's seizure action plan. This definition 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.

"Seizure action plan" means a document that specifies the services needed by a student with epilepsy at school and at school-sponsored activities and delegates to a delegated care aide the authority to provide and supervise these services.

(Source: P.A. 101-50, eff. 7-1-20; 102-197, eff. 7-30-21.)

(105 ILCS 150/15)

Sec. 15. Seizure action plan.

(a) For a student with epilepsy, a seizure action plan shall serve as the basis of the student's federal Section 504 plan and must be signed by the student's parent or guardian if the student seeks assistance with epilepsy-related care in a school setting. If the student has been managing his or her epilepsy care in a school setting before the effective date of this Act, the student's parent or guardian may sign and submit a seizure action plan with the student's school. It is the responsibility of the student's parent or guardian to share the health care provider's instructions on the student's epilepsy management during the school day, including a copy of any prescriptions and the methods of administering those prescriptions.

(b) The services and accommodations specified in a seizure action plan must be reasonable, reflect the current best practice guidelines of seizure-management care, and include appropriate safeguards to ensure the proper disposal of used equipment and medication.

(c) A seizure action plan must be submitted to the student's school (i) at the beginning of the school year, (ii) upon enrollment, as soon practicable following the student's diagnosis, or (iii) when a student's care needs change during the school year. 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.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/20)

Sec. 20. Delegated care aides.

(a) 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.

(b) The principal of a school shall facilitate the school's compliance with the provisions of a student's seizure action plan.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/25)

Sec. 25. Training for school employees and delegated care aides.

(a) Teachers, administrators, and school support personnel shall receive training in the basics of seizure recognition and first aid and appropriate emergency protocols as outlined in Sections 10-22.39 and 3-11 in the School Code. The training must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention.

(b) In a school in which at least one student with epilepsy is enrolled, a delegated care aide must be trained to perform the tasks necessary to assist the student in accordance with his or her seizure action plan.

(c) 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.

(d) If applicable, a seizure action plan must be provided to any school employee who transports a student with epilepsy to a school-sponsored activity.

(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).)

(105 ILCS 150/30)

Sec. 30. Self-management. In accordance with his or her seizure action plan, a student must be permitted to possess on his or her person, at all times, the supplies, equipment, and medication necessary to treat epilepsy.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/35)

Sec. 35. Restricting access to school prohibited. 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.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/40)

Sec. 40. Protection against retaliation. A school employee may not be subject to any penalty, sanction, reprimand, discharge, demotion, denial of a promotion, withdrawal of benefits, or other disciplinary action for choosing not to volunteer to serve as a delegated care aide.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/45)

Sec. 45. Immunity.

(a) A school or a school employee who is in compliance with Section 25 of this Act is not liable for civil or other damages as a result of conduct, other than willful or wanton misconduct, related to the care of a student with epilepsy.

(b) A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with this Act, unless the action constitutes willful or wanton misconduct.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/50)

Sec. 50. Federal law. Nothing in this Act limits any rights available under federal law.

(Source: P.A. 101-50, eff. 7-1-20.)

(105 ILCS 150/90)

Sec. 90. (Amendatory provisions; text omitted).

(Source: P.A. 101-50, eff. 7-1-20; text omitted.)

(105 ILCS 150/95)

Sec. 95. (Amendatory provisions; text omitted).

(Source: P.A. 101-50, eff. 7-1-20; text omitted.)

(105 ILCS 150/999)

Sec. 999. Effective date. This Act takes effect July 1, 2020.

(Source: P.A. 101-50, eff. 7-1-20.)