State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB3744ham003

 










                                           LRB9210121NTpkam04

 1                    AMENDMENT TO HOUSE BILL 3744

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

 5        "Section 5. The School Code is amended by adding Sections
 6    10-20.35 and 34-18.23 as follows:

 7        (105 ILCS 5/10-20.35 new)
 8        Sec.    10-20.35.  Psychotropic    or     psychostimulant
 9    medication; disciplinary action.
10        (a)  In this Section:
11        "Psychostimulant   medication"   means   medication  that
12    produces increased levels of mental and physical  energy  and
13    alertness  and  an  elevated  mood by stimulating the central
14    nervous system.
15        "Psychotropic medication" means  psychotropic  medication
16    as  defined  in  Section  1-121.1  of  the  Mental Health and
17    Developmental Disabilities Code.
18        (b)  Each school board must adopt and implement a  policy
19    that  prohibits any disciplinary action that is based totally
20    or in part on the refusal of a student's parent  or  guardian
21    to   administer   or   consent   to   the  administration  of
22    psychotropic or psychostimulant medication to the student.
 
                            -2-            LRB9210121NTpkam04
 1        The policy must require  that,  at  least  once  every  2
 2    years,  the in-service training of certified school personnel
 3    and administrators include training on current best practices
 4    regarding  the  identification  and  treatment  of  attention
 5    deficit  disorder   and   attention   deficit   hyperactivity
 6    disorder,   the   application   of   non-aversive  behavioral
 7    interventions in the  school  environment,  and  the  use  of
 8    psychotropic  or  psychostimulant  medication  for school-age
 9    children.
10        (c)  This Section does not prohibit school medical staff,
11    an individualized educational program team, or a professional
12    worker (as defined in Section  14-1.10  of  this  Code)  from
13    recommending  that  a  student be evaluated by an appropriate
14    medical  practitioner  or  prohibit  school  personnel   from
15    consulting  with  the  practitioner  with  the consent of the
16    student's parents or guardian.

17        (105 ILCS 5/34-18.23 new)
18        Sec.    34-18.23.  Psychotropic    or     psychostimulant
19    medication; disciplinary action.
20        (a)  In this Section:
21        "Psychostimulant   medication"   means   medication  that
22    produces increased levels of mental and physical  energy  and
23    alertness  and  an  elevated  mood by stimulating the central
24    nervous system.
25        "Psychotropic medication" means  psychotropic  medication
26    as  defined  in  Section  1-121.1  of  the  Mental Health and
27    Developmental Disabilities Code.
28        (b)  The board must adopt and  implement  a  policy  that
29    prohibits any disciplinary action that is based totally or in
30    part  on  the  refusal  of  a student's parent or guardian to
31    administer or consent to the administration  of  psychotropic
32    or psychostimulant medication to the student.
33        The  policy  must  require  that,  at  least once every 2
 
                            -3-            LRB9210121NTpkam04
 1    years, the in-service training of certified school  personnel
 2    and administrators include training on current best practices
 3    regarding  the  identification  and  treatment  of  attention
 4    deficit   disorder   and   attention   deficit  hyperactivity
 5    disorder,  the   application   of   non-aversive   behavioral
 6    interventions  in  the  school  environment,  and  the use of
 7    psychotropic or  psychostimulant  medication  for  school-age
 8    children.
 9        (c)  This Section does not prohibit school medical staff,
10    an individualized educational program team, or a professional
11    worker  (as  defined  in  Section  14-1.10 of this Code) from
12    recommending that a student be evaluated  by  an  appropriate
13    medical   practitioner  or  prohibit  school  personnel  from
14    consulting with the practitioner  with  the  consent  of  the
15    student's parents or guardian.".

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