The Illinois School Code allows public school districts, charter schools, and nonpublic schools to maintain undesignated supplies of asthma medication, epinephrine, and oxygen tanks. As of January 1, 2024, these schools must maintain an undesignated supply of opioid antagonists. Schools also may maintain an undesignated supply of glucagon pursuant to the Care of Students with Diabetes Act.
In April, ISBE issued an emergency rule regarding undesignated supplies of asthma medication, epinephrine, and opioid antagonists maintained by school districts. See 23 Ill. Admin. Code 1.540. The emergency rule is effective immediately and removes the parental “opt-out” provision, which allowed a parent/guardian to opt a student out of being administered any or all of the undesignated medications if the student’s parent/guardian notified the school nurse or trained personnel. This means parents/guardians no longer have the right to opt-out their students from receiving the undesignated medications maintained by a school and as provided for in the law. ISBE bases its emergency action on the increased number of students with chronic health conditions and the need for prompt treatment without delay.
The emergency rule also modifies the requirement for parental acknowledgement of a school’s standing protocol for each of the undesignated medications maintained by a school district. A school must have a standing protocol for each of the undesignated medications it maintains and the school must give notice to parents/guardians of the standing protocol at the start of each school year, or at the time of enrollment for a student enrolling for the first time. Previously, the rule stated parents/guardians shall acknowledge the notification by signing it and returning it to school. The emergency rule now states that parents/guardians “shall be asked to acknowledge” the notification by signing it and returning it to school. The emergency rule also adds that the failure of a parent/guardian to sign and return the notification letter shall not preclude a school nurse or trained personnel from administering the undesignated medication as permitted by law. ISBE apparently recognizes the burden of the requirement as previously worded, as not all parents/guardians would sign and return the notification. Now, schools only must ask parents/guardians to sign and return the notification for undesignated medications.
ISBE’s emergency rule is effective immediately (as of April 24, 2024) and in effect for a maximum of 150 days. ISBE also published a proposed regulation to the same effect and requested public comment.
Please contact Jessica Nguyen or any of the attorneys in our Student/Special Education practice group with your inquiries.
