State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 003 ]


92_HB3744ham001

 










                                           LRB9210121NTpkam01

 1                    AMENDMENT TO HOUSE BILL 3744

 2        AMENDMENT NO.     .  Amend House Bill 3744  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5. The School Code is amended by adding Sections
 5    10-20.35 and 34-18.23 as follows:

 6        (105 ILCS 5/10-20.35 new)
 7        Sec.  10-20.35.  Refusal  to administer psychotropic drug
 8    to child; no disciplinary  action.  Each  school  board  must
 9    adopt   and   implement   a   policy  that  prohibits  school
10    administrators, teachers, and  other  school  personnel  from
11    threatening  or carrying out disciplinary or punitive action,
12    including   without   limitation    expulsion,    suspension,
13    detention,     in-school     suspension,    exclusion    from
14    school-sponsored   events,    lowering    grades,    changing
15    educational  placement,  or  other  adverse action, against a
16    student or the student's sibling solely because the student's
17    parent or guardian has refused to administer  or  consent  to
18    the administration of a psychotropic drug to the student.
19        The  policy  must  require  that,  at  least once every 2
20    years,  the  in-service  training  of  school  personnel  and
21    administrators include training  on  current  best  practices
22    regarding  the  identification  and  treatment  of  attention
 
                            -2-            LRB9210121NTpkam01
 1    deficit   disorder   and   attention   deficit  hyperactivity
 2    disorder,  the   application   of   non-aversive   behavioral
 3    interventions  in  the  school  environment,  and  the use of
 4    psychotropic drugs for school-age children.
 5        This Section does not prohibit school medical staff or an
 6    individualized educational  program  team  from  recommending
 7    that  a  student  be  evaluated  by  an  appropriate  medical
 8    practitioner  or  prohibit  school  personnel from consulting
 9    with the practitioner  with  the  consent  of  the  student's
10    parents or guardian.

11        (105 ILCS 5/34-18.23 new)
12        Sec.  34-18.23.  Refusal  to administer psychotropic drug
13    to child; no disciplinary action. The board  must  adopt  and
14    implement  a  policy  that  prohibits  school administrators,
15    teachers, and other  school  personnel  from  threatening  or
16    carrying  out  disciplinary  or  punitive  action,  including
17    without    limitation   expulsion,   suspension,   detention,
18    in-school suspension, exclusion from school-sponsored events,
19    lowering grades, changing  educational  placement,  or  other
20    adverse  action,  against  a student or the student's sibling
21    solely because the student's parent or guardian  has  refused
22    to   administer   or  consent  to  the  administration  of  a
23    psychotropic drug to the student.
24        The policy must require  that,  at  least  once  every  2
25    years,  the  in-service  training  of  school  personnel  and
26    administrators  include  training  on  current best practices
27    regarding  the  identification  and  treatment  of  attention
28    deficit  disorder   and   attention   deficit   hyperactivity
29    disorder,   the   application   of   non-aversive  behavioral
30    interventions in the  school  environment,  and  the  use  of
31    psychotropic drugs for school-age children.
32        This Section does not prohibit school medical staff or an
33    individualized  educational  program  team  from recommending
 
                            -3-            LRB9210121NTpkam01
 1    that  a  student  be  evaluated  by  an  appropriate  medical
 2    practitioner or prohibit  school  personnel  from  consulting
 3    with  the  practitioner  with  the  consent  of the student's
 4    parents or guardian.".

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