Proposed Amendments to Part 425 (Voluntary Registration and Recognition of Nonpublic Schools)

P.A. 98-795, effective August 1, 2014, amended Section 22-30 of the School Code, in part, to authorize (but not require) the administration of an epinephrine auto-injector by school nurses (as that term is defined in Section 22-30) or trained personnel to "any person (who) the school nurse or trained personnel in good faith believes is having an anaphylactic reaction".  In such cases, the epinephrine auto-injector is "undesignated", meaning it is not prescribed to a particular individual.  P.A. 99-480, effective September 9, 2015, added administration of opioid antagonist by school nurses and trained personnel in situations when an individual is having an opioid overdose.

The agency has promulgated rules at Section 1.540 (23 Ill. Adm. Code 1.530; Public Schools Evaluation, Recognition and Supervision) that clarify the process for the use of undesignated epinephrine auto-injectors and opioid antagonist by school nurses or trained personnel.  The proposed rules provide for parental notification, an "opt-out" process prohibiting the use of an epinephrine auto-injector or opioid antagonist under any circumstances, availability of the epinephrine auto-injector or opioid antagonist, and training requirements.  The requirements of Section 1.540 apply to public schools; therefore, this cross-reference is needed in Part 425 to make the requirements applicable to nonpublic schools that seek registration with or recognition by the State Board of Education.

Reference is also being made to nonpublic schools' responsibilities under Section 22-80 of the School Code, added by P.A. 99-245, effective August 3, 2015.  The new law addresses concussion policies and practices in schools.  Referencing the law in Part 425 will alert nonpublic schools to the requirements that apply.

Initial Review by State Board of Education: October 2015

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