Illinois General Assembly - Full Text of SB0007
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Full Text of SB0007  99th General Assembly

SB0007sam001 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 3/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 7

2    AMENDMENT NO. ______. Amend Senate Bill 7 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Youth
5Sports Concussion Safety Act.
 
6    Section 5. Findings. The General Assembly recognizes all
7of the following:
8        (1) Concussions are one of the most commonly reported
9    injuries in children and adolescents who participate in
10    sports and recreational activities. The Centers for
11    Disease Control and Prevention estimates that as many as
12    3,900,000 sports-related and recreation-related
13    concussions occur in the United States each year. A
14    concussion is caused by a blow or motion to the head or
15    body that causes the brain to move rapidly inside the
16    skull. The risks of catastrophic injuries or death are

 

 

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1    significant when a concussion or head injury is not
2    properly evaluated and managed.
3        (2) Concussions are a type of brain injury that can
4    range from mild to severe and can disrupt the way the brain
5    normally works. Concussions can occur in any organized or
6    unorganized sport or recreational activity and can result
7    from a fall or from players colliding with each other, the
8    ground, or with obstacles. Concussions occur with or
9    without loss of consciousness, but the vast majority of
10    concussions occur without loss of consciousness.
11        (3) Continuing to play with a concussion or symptoms of
12    a head injury leaves a young athlete especially vulnerable
13    to greater injury and even death. The General Assembly
14    recognizes that, despite having generally recognized
15    return-to-play standards for concussions and head
16    injuries, some affected youth athletes are prematurely
17    returned to play, resulting in actual or potential physical
18    injury or death to youth athletes in this State.
 
19    Section 10. Definitions. In this Section:
20    "Athletic trainer" means an athletic trainer licensed
21under the Illinois Athletic Trainers Practice Act.
22    "Coach" means any volunteer or employee of a youth sports
23league who is responsible for organizing and supervising
24players and teaching them or training them in the fundamental
25skills of extracurricular athletic activities provided by the

 

 

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1youth sports league. "Coach" refers to both head coaches and
2assistant coaches.
3    "Concussion" means a complex pathophysiological process
4affecting the brain caused by a traumatic physical force or
5impact to the head or body, which may include temporary or
6prolonged altered brain function resulting in physical,
7cognitive, or emotional symptoms or altered sleep patterns and
8which may or may not involve a loss of consciousness.
9    "Game official" means a person who officiates at a
10sponsored youth sports activity, such as a referee or umpire,
11including, but not limited to, persons enrolled as game
12officials by the Illinois High School Association, the Illinois
13Elementary School Association, or a youth sports league.
14    "Licensed healthcare professional" means a nurse who is
15licensed under the Nurse Practice Act or a psychologist who
16holds a license under the Clinical Psychologist Licensing Act
17and specializes in the practice of neuropsychology.
18    "Player" means an adolescent or child participating in any
19sponsored youth sports activity of a youth sports league.
20    "Physician" means a physician licensed to practice
21medicine in all of its branches under the Medical Practice Act
22of 1987.
23    "Sponsored youth sports activity" means any athletic
24activity, including practice or competition, for players under
25the direction of a coach, athletic director, or band leader of
26a youth sports league, including, but not limited to, baseball,

 

 

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1basketball, cheerleading, cross country track, fencing, field
2hockey, football, golf, gymnastics, ice hockey, lacrosse,
3marching band, rugby, soccer, skating, softball, swimming and
4diving, tennis, track (indoor and outdoor), ultimate Frisbee,
5volleyball, water polo, wrestling, and any other sport offered
6by a youth sports league. A sponsored youth sports activity
7does not include an interscholastic athletic activity as that
8term is defined in Section 22-80 of the School Code.
9    "Youth sports league" means any incorporated or
10unincorporated, for-profit or not-for-profit entity that
11organizes and provides sponsored youth sports activities,
12including, but not limited to, any athletic association,
13organization, or federation in this State that is owned,
14operated, sanctioned, or sponsored by a unit of local
15government or that is owned, operated, sanctioned, or sponsored
16by a private person or entity, as well as any amateur athletic
17organization or qualified amateur sports organization in this
18State under the U.S. Internal Revenue Code (26 U.S.C. Sec.
19501(c)(3) or Sec. 501(j)).
 
20    Section 15. Scope of Act. This Act applies to any
21sponsored youth sports activity sponsored or sanctioned by a
22youth sports league. This Act does not apply to an
23interscholastic athletic activity as that term is defined in
24Section 22-80 of the School Code. This Act applies to sponsored
25youth sports activities beginning or continuing after January

 

 

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11, 2016.
 
2    Section 20. Concussion oversight team.
3    (a) The governing body or appropriate administrative
4officer of each youth sports league with players who
5participate in any sponsored youth sports activity sponsored or
6sanctioned by the youth sports league shall appoint or approve
7a concussion oversight team. Each concussion oversight team
8shall establish a return-to-play protocol, based on
9peer-reviewed scientific evidence consistent with Centers for
10Disease Control and Prevention guidelines, for a player's
11return to the sponsored youth sports activity following a force
12or impact believed to have caused a concussion.
13    (b) Each concussion oversight team must include to the
14extent practicable at least one physician. If a youth sports
15league employs an athletic trainer, the athletic trainer must
16also be a member of the concussion oversight team. The
17concussion oversight team may include additional licensed
18healthcare professionals.
 
19    Section 25. Return-to-play restrictions and procedures.
20    (a) A player shall not participate in a sponsored youth
21sports activity until the player and the player's parent or
22guardian or another person with legal authority to make medical
23decisions for the player have signed a form that acknowledges
24receiving and reading written information that explains

 

 

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1concussion prevention, symptoms, treatment, and oversight and
2that includes guidelines for safely resuming participation in
3an athletic activity following a concussion. The form must be
4approved by the youth sports league.
5    (b) A player shall be removed from a sponsored youth sports
6activity immediately if one of the following persons believes
7the player might have sustained a concussion during the
8practice or competition:
9        (1) a coach;
10        (2) a physician;
11        (3) a game official;
12        (4) an athletic trainer;
13        (5) a licensed healthcare professional;
14        (6) the player's parent or guardian or another person
15    with legal authority to make medical decisions for the
16    player;
17        (7) the player; or
18        (8) any other person deemed appropriate under the youth
19    sports league's return-to-play protocol.
20    (c) A player removed from a sponsored youth sports activity
21under this Section may not be permitted to practice or compete
22again following the force or impact believed to have caused the
23concussion until:
24        (1) the player has been evaluated, using established
25    medical protocols based on peer-reviewed scientific
26    evidence, by a treating physician (chosen by the player or

 

 

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1    the player's parent or guardian or another person with
2    legal authority to make medical decisions for the player)
3    or an athletic trainer working under the supervision of a
4    physician;
5        (2) the player has successfully completed each
6    requirement of the return-to-play protocol established
7    under Section 20 of this Act necessary for the player to
8    return to play;
9        (3) the treating physician or athletic trainer has
10    provided a written statement indicating that, in the
11    physician's professional judgment, it is safe for the
12    player to return to play; and
13        (4) the player and the player's parent or guardian or
14    another person with legal authority to make medical
15    decisions for the player:
16            (A) have acknowledged that the player has
17        completed the requirements of the return-to-play
18        protocol necessary for the player to return to play;
19            (B) have provided the treating physician's or
20        athletic trainer's written statement under subdivision
21        (3) of this subsection (c) to the person responsible
22        for compliance with the return-to-play protocol under
23        this subsection (c); and
24            (C) have signed a consent form indicating that the
25        person signing:
26                (i) has been informed concerning and consents

 

 

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1            to the player participating in returning to play in
2            accordance with the return-to-play protocol;
3                (ii) consents to the disclosure to appropriate
4            persons, consistent with the federal Health
5            Insurance Portability and Accountability Act of
6            1996 (Public Law 104-191), of the treating
7            physician's written statement under subdivision
8            (3) of this subsection (c) and, if any, the
9            return-to-play recommendations of the treating
10            physician or the athletic trainer, as the case may
11            be; and
12                (iii) understands the immunity provisions
13            under subsection (g) of this Section.
14    (d) A coach or game official of a sponsored youth sports
15activity may not authorize a player's return to play. The
16governing body of the youth sports league or appropriate
17administrative officer of the youth sports league shall
18supervise an athletic trainer or other person responsible for
19compliance with the return-to-play protocol.
20    The person who has supervisory responsibilities under this
21subsection (d) may not be a coach of the sponsored youth sports
22activity.
23    (e)(1) The youth sports league shall approve, for coaches
24and game officials of sponsored youth sports activities,
25training courses that provide for not less than 2 hours of
26training in the subject matter of concussions, including

 

 

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1evaluation, prevention, symptoms, risks, and long-term
2effects. The Association or youth sports league shall maintain
3an updated list of individuals and organizations authorized by
4the Association or youth sports league to provide the training.
5    (2) The Illinois Board of Athletic Trainers shall approve,
6for athletic trainers, training courses in the subject matter
7of concussions and shall maintain an updated list of
8individuals and organizations authorized by the Board to
9provide the training.
10    (3) The following persons must take a training course in
11accordance with paragraph (5) of this subsection (e) from an
12authorized training provider at least once every 2 years:
13        (A) a coach of a sponsored youth sports activity;
14        (B) a game official;
15        (C) a licensed healthcare professional who serves as a
16    member of a concussion oversight team and is an employee,
17    representative, or agent of a youth sports league; and
18        (D) a licensed healthcare professional who serves on a
19    volunteer basis as a member of a concussion oversight team
20    for a youth sports league.
21    (4) A physician who serves as a member of a concussion
22oversight team shall, to the greatest extent practicable,
23periodically take an appropriate continuing medical education
24course in the subject matter of concussions.
25    (5) For purposes of paragraph (3) of this subsection (e):
26        (A) a coach or game official must take a course

 

 

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1    described in paragraph (1) of this subsection (e);
2        (B) an athletic trainer must take (i) a course
3    described in paragraph (2) of this subsection (e) or (ii) a
4    course concerning the subject matter of concussions that
5    has been approved for continuing education credit by the
6    appropriate licensing authority for the profession; and
7        (C) a licensed healthcare professional, other than an
8    athletic trainer, must take a course concerning the subject
9    matter of concussions that has been approved for continuing
10    education credit by the appropriate licensing authority
11    for the profession.
12    (6) Each person described by paragraph (3) of this
13subsection (e) must submit proof of timely completion of an
14approved course in compliance with paragraph (5) of this
15subsection (e) to the youth sports league, the appropriate
16administrative officer of the youth sports league, or that
17officer's designee.
18    (7) A physician, athletic trainer, or licensed healthcare
19professional who is not in compliance with the training
20requirements under this subsection (e) may not serve on a
21concussion oversight team in any capacity.
22    (8) A person required under this subsection (e) to take a
23training course in the subject of concussions must initially
24complete the training not later than January 1, 2016.
25    (f) The governing body or appropriate administrative
26officer of each youth sports league with players who

 

 

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1participate in sponsored youth sports activities shall develop
2a venue-specific emergency action plan for such activities to
3address the serious injuries and acute medical conditions in
4which the condition of the player may deteriorate rapidly. The
5plan shall include a delineation of roles, methods of
6communication, available emergency equipment, and access to
7and a plan for emergency transport. This emergency action plan
8must be:
9        (1) in writing;
10        (2) reviewed by the concussion oversight team;
11        (3) approved by the governing body of the youth sports
12    league or the appropriate administrative officer of the
13    youth sports league;
14        (4) distributed to all appropriate personnel;
15        (5) posted conspicuously at all venues; and
16        (6) reviewed and rehearsed annually by all athletic
17    trainers, first responders, coaches, athletic directors,
18    and volunteers for sponsored youth sports activities.
19    (g) This Section does not:
20        (1) waive any immunity from liability of a youth sports
21    league or its officers or employees;
22        (2) create any liability for a cause of action against
23    a youth sports league or its officers or employees; or
24        (3) create any cause of action or liability for a
25    member of a concussion oversight team arising from the
26    injury or death of a player participating in a sponsored

 

 

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1    youth sports activity based on service or participation on
2    the concussion oversight team.
 
3    Section 75. The Park District Code is amended by changing
4Section 8-24 as follows:
 
5    (70 ILCS 1205/8-24)
6    Sec. 8-24. Concussion and head injury educational
7materials.
8    (a) In addition to the other powers and authority now
9possessed by it, any park district is authorized and encouraged
10to make available to residents and users of park district
11facilities, including youth athletic programs, electronically
12or in written form, educational materials that describe the
13nature and risk of concussion and head injuries, including the
14advisability of removal of youth athletes that exhibit signs,
15symptoms, or behaviors consistent with a concussion, such as a
16loss of consciousness, headache, dizziness, confusion, or
17balance problems, from a practice or game. These educational
18materials may include materials produced or distributed by the
19Illinois High School Association, those produced by the U.S.
20Centers for Disease Control and Prevention, or other comparable
21materials. The intent of these materials is to assist in
22educating coaches, youth athletes, and parents and guardians of
23youth athletes about the nature and risks of head injuries.
24    (b) Each park district is subject to and shall comply with

 

 

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1the requirements of the Youth Sports Concussion Safety Act if
2the park district offers a sponsored youth sports activity as a
3youth sports league as those terms are defined in the Youth
4Sports Concussion Safety Act.
5(Source: P.A. 97-204, eff. 7-28-11.)
 
6    Section 80. The School Code is amended by adding Section
722-80 and by changing Section 27A-5 as follows:
 
8    (105 ILCS 5/22-80 new)
9    Sec. 22-80. Student athletes; concussions and head
10injuries.
11    (a) The General Assembly recognizes all of the following:
12        (1) Concussions are one of the most commonly reported
13    injuries in children and adolescents who participate in
14    sports and recreational activities. The Centers for
15    Disease Control and Prevention estimates that as many as
16    3,900,000 sports-related and recreation-related
17    concussions occur in the United States each year. A
18    concussion is caused by a blow or motion to the head or
19    body that causes the brain to move rapidly inside the
20    skull. The risk of catastrophic injuries or death are
21    significant when a concussion or head injury is not
22    properly evaluated and managed.
23        (2) Concussions are a type of brain injury that can
24    range from mild to severe and can disrupt the way the brain

 

 

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1    normally works. Concussions can occur in any organized or
2    unorganized sport or recreational activity and can result
3    from a fall or from players colliding with each other, the
4    ground, or with obstacles. Concussions occur with or
5    without loss of consciousness, but the vast majority of
6    concussions occur without loss of consciousness.
7        (3) Continuing to play with a concussion or symptoms of
8    a head injury leaves a young athlete especially vulnerable
9    to greater injury and even death. The General Assembly
10    recognizes that, despite having generally recognized
11    return-to-play standards for concussions and head
12    injuries, some affected youth athletes are prematurely
13    returned to play, resulting in actual or potential physical
14    injury or death to youth athletes in this State.
15        (4) Student athletes who have sustained a concussion
16    may need informal or formal accommodations, modifications
17    of curriculum, and monitoring by medical or academic staff
18    until the student is fully recovered. To that end, it is
19    imperative that all schools establish a return-to-learn
20    protocol that is based on peer-reviewed scientific
21    evidence consistent with Centers for Disease Control and
22    Prevention guidelines.
23    (b) In this Section:
24    "Athletic trainer" means an athletic trainer licensed
25under the Illinois Athletic Trainers Practice Act.
26    "Coach" means any volunteer or employee of a school who is

 

 

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1responsible for organizing and supervising students to teach
2them or train them in the fundamental skills of an
3interscholastic athletic activity. "Coach" refers to both head
4coaches and assistant coaches.
5    "Concussion" means a complex pathophysiological process
6affecting the brain caused by a traumatic physical force or
7impact to the head or body, which may include temporary or
8prolonged altered brain function resulting in physical,
9cognitive, or emotional symptoms or altered sleep patterns and
10which may or may not involve a loss of consciousness.
11    "Game official" means a person who officiates at a
12interscholastic athletic activity, such as a referee or umpire,
13including, but not limited to, persons enrolled as game
14officials by the Illinois High School Association or Illinois
15Elementary School Association.
16    "Interscholastic athletic activity" means any organized
17school-sponsored or school-sanctioned activity for students,
18generally outside of school instructional hours, under the
19direction of a coach, athletic director, or band leader,
20including, but not limited to, baseball, basketball,
21cheerleading, cross country track, fencing, field hockey,
22football, golf, gymnastics, ice hockey, lacrosse, marching
23band, rugby, soccer, skating, softball, swimming and diving,
24tennis, track (indoor and outdoor), ultimate Frisbee,
25volleyball, water polo, and wrestling. All interscholastic
26athletics are deemed to be interscholastic activities.

 

 

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1    "Nurse" means a person who is employed by or volunteers at
2a school and is a nurse licensed under the Nurse Practice Act.
3    "Physician" means a physician licensed to practice
4medicine in all of its branches under the Medical Practice Act
5of 1987.
6    "School" means any public or private elementary or
7secondary school, including a charter school.
8    "Student" means an adolescent or child enrolled in a
9school.
10    (c) This Section applies to any interscholastic athletic
11activity, including practice and competition, sponsored or
12sanctioned by a school, the Illinois Elementary School
13Association, or the Illinois High School Association. This
14Section applies beginning with the 2015-2016 school year.
15    (d) The governing body of each public or charter school and
16the appropriate administrative officer of a private school with
17students enrolled who participate in an interscholastic
18athletic activity shall appoint or approve a concussion
19oversight team. Each concussion oversight team shall establish
20a return-to-play protocol, based on peer-reviewed scientific
21evidence consistent with Centers for Disease Control and
22Prevention guidelines, for a student's return to
23interscholastic athletics practice or competition following a
24force or impact believed to have caused a concussion. Each
25concussion oversight team shall also establish a
26return-to-learn protocol, based on peer-reviewed scientific

 

 

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1evidence consistent with Centers for Disease Control and
2Prevention guidelines, for a student's return to the classroom
3after that student is believed to have experienced a
4concussion, whether or not the concussion took place while the
5student was participating in an interscholastic athletic
6activity.
7    Each concussion oversight team must include to the extent
8practicable at least one physician. If a school employs an
9athletic trainer, the athletic trainer must be a member of the
10school concussion oversight team. If a school employs a nurse,
11the nurse must be a member of the school concussion oversight
12team.
13    (e) A student may not participate in an interscholastic
14athletic activity for a school year until the student and the
15student's parent or guardian or another person with legal
16authority to make medical decisions for the student have signed
17a form for that school year that acknowledges receiving and
18reading written information that explains concussion
19prevention, symptoms, treatment, and oversight and that
20includes guidelines for safely resuming participation in an
21athletic activity following a concussion. The form must be
22approved by Illinois High School Association.
23    (f) A student must be removed from an interscholastic
24athletics practice or competition immediately if one of the
25following persons believes the student might have sustained a
26concussion during the practice or competition:

 

 

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1        (1) a coach;
2        (2) a physician;
3        (3) a game official;
4        (4) an athletic trainer;
5        (5) the student's parent or guardian or another person
6    with legal authority to make medical decisions for the
7    student;
8        (6) the student; or
9        (7) any other person deemed appropriate under the
10    school's return-to-play protocol.
11    (g) A student removed from an interscholastic athletics
12practice or competition under this Section may not be permitted
13to practice or compete again following the force or impact
14believed to have caused the concussion until:
15        (1) the student has been evaluated, using established
16    medical protocols based on peer-reviewed scientific
17    evidence consistent with Centers for Disease Control and
18    Prevention guidelines, by a treating physician (chosen by
19    the student or the student's parent or guardian or another
20    person with legal authority to make medical decisions for
21    the student) or an athletic trainer working under the
22    supervision of a physician;
23        (2) the student has successfully completed each
24    requirement of the return-to-play protocol established
25    under this Section necessary for the student to return to
26    play;

 

 

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1        (3) the student has successfully completed each
2    requirement of the return-to-learn protocol established
3    under this Section necessary for the student to
4    return-to-learn;
5        (4) the treating physician or athletic trainer has
6    provided a written statement indicating that, in the
7    physician's professional judgment, it is safe for the
8    student to return to play and return to learn; and
9        (5) the student and the student's parent or guardian or
10    another person with legal authority to make medical
11    decisions for the student:
12            (A) have acknowledged that the student has
13        completed the requirements of the return-to-play and
14        return-to-learn protocols necessary for the student to
15        return to play;
16            (B) have provided the treating physician's or
17        athletic trainer's written statement under subdivision
18        (4) of this subsection (g) to the person responsible
19        for compliance with the return-to-play and
20        return-to-learn protocols under this subsection (g)
21        and the person who has supervisory responsibilities
22        under this subsection (g); and
23            (C) have signed a consent form indicating that the
24        person signing:
25                (i) has been informed concerning and consents
26            to the student participating in returning to play

 

 

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1            in accordance with the return-to-play and
2            return-to-learn protocols;
3                (ii) understands the risks associated with the
4            student returning to play and returning to learn
5            and will comply with any ongoing requirements in
6            the return-to-play and return-to-learn protocols;
7                (iii) consents to the disclosure to
8            appropriate persons, consistent with the federal
9            Health Insurance Portability and Accountability
10            Act of 1996 (Public Law 104-191), of the treating
11            physician's written statement under subdivision
12            (4) of this subsection (g) and, if any, the
13            return-to-play and return-to-learn recommendations
14            of the treating physician or the athletic trainer,
15            as the case may be; and
16                (iv) understands the immunity provisions under
17            subsection (j) of this Section.
18    A coach of an interscholastic athletics team may not
19authorize a student's return to play or return to learn.
20    The district superintendent or the superintendent's
21designee in the case of a public elementary or secondary
22school, the chief school administrator or that person's
23designee in the case of a charter school, or the appropriate
24administrative officer or that person's designee in the case of
25a private school shall supervise an athletic trainer or other
26person responsible for compliance with the return-to-play

 

 

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1protocol and shall supervise the person responsible for
2compliance with the return-to-learn protocol. The person who
3has supervisory responsibilities under this paragraph may not
4be a coach of an interscholastic athletics team.
5    (h)(1) The Illinois High School Association shall approve,
6for coaches and game officials of interscholastic athletic
7activities, training courses that provide for not less than 2
8hours of training in the subject matter of concussions,
9including evaluation, prevention, symptoms, risks, and
10long-term effects. The Association shall maintain an updated
11list of individuals and organizations authorized by the
12Association to provide the training.
13    (2) The Illinois Board of Athletic Trainers shall approve,
14for athletic trainers, training courses in the subject matter
15of concussions and shall maintain an updated list of
16individuals and organizations authorized by the Board to
17provide the training.
18    (3) The following persons must take a training course in
19accordance with paragraph (5) of this subsection (h) from an
20authorized training provider at least once every 2 years:
21        (A) a coach of an interscholastic athletic activity;
22        (B) a nurse who serves as a member of a concussion
23    oversight team and is an employee, representative, or agent
24    of a school;
25        (C) a game official of an interscholastic athletic
26    activity; and

 

 

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1        (D) a nurse who serves on a volunteer basis as a member
2    of a concussion oversight team for a school.
3    (4) A physician who serves as a member of a concussion
4oversight team shall, to the greatest extent practicable,
5periodically take an appropriate continuing medical education
6course in the subject matter of concussions.
7    (5) For purposes of paragraph (3) of this subsection (h):
8        (A) a coach or game officials, as the case may be, must
9    take a course described in paragraph (1) of this subsection
10    (h).
11        (B) an athletic trainer must take (i) a course
12    described in paragraph (2) of this subsection (h) or (ii) a
13    course concerning the subject matter of concussions that
14    has been approved for continuing education credit by the
15    appropriate licensing authority for the profession; and
16        (C) a nurse must take a course concerning the subject
17    matter of concussions that has been approved for continuing
18    education credit by the appropriate licensing authority
19    for the profession.
20    (6) Each person described in paragraph (3) of this
21subsection (h) must submit proof of timely completion of an
22approved course in compliance with paragraph (5) of this
23subsection (h) to the district superintendent or the
24superintendent's designee in the case of a public elementary or
25secondary school, the chief school administrator or that
26person's designee in the case of a charter school, or the

 

 

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1appropriate administrative officer or that person's designee
2in the case of a private school.
3    (7) A physician, athletic trainer, or nurse who is not in
4compliance with the training requirements under this
5subsection (h) may not serve on a concussion oversight team in
6any capacity.
7    (8) A person required under this subsection (h) to take a
8training course in the subject of concussions must initially
9complete the training not later than September 1, 2016.
10    (i) The governing body of each public or charter school and
11the appropriate administrative officer of a private school with
12students enrolled who participate in an interscholastic
13athletic activity shall develop a venue-specific emergency
14action plan for interscholastic athletic activities to address
15the serious injuries and acute medical conditions in which the
16condition of the student may deteriorate rapidly. The plan
17shall include a delineation of roles, methods of communication,
18available emergency equipment, and access to and a plan for
19emergency transport. This emergency action plan must be:
20        (1) in writing;
21        (2) reviewed by the concussion oversight team;
22        (3) approved by the district superintendent or the
23    superintendent's designee in the case of a public
24    elementary or secondary school, the chief school
25    administrator or that person's designee in the case of a
26    charter school, or the appropriate administrative officer

 

 

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1    or that person's designee in the case of a private school;
2        (4) distributed to all appropriate personnel;
3        (5) posted conspicuously at all venues; and
4        (6) reviewed and rehearsed annually by all athletic
5    trainers, first responders, coaches, school nurses,
6    athletic directors, and volunteers for interscholastic
7    athletic activities.
8    (j) This Section does not:
9        (1) waive any immunity from liability of a school or
10    its officers or employees;
11        (2) create any liability for a cause of action against
12    a school or its officers or employees; or
13        (3) create any cause of action or liability for a
14    member of a concussion oversight team arising from the
15    injury or death of a student participating in an
16    interscholastic athletics practice or competition, based
17    on service or participation on the concussion oversight
18    team.
19    (k) The State Board of Education may adopt rules as
20necessary to administer this Section.
 
21    (105 ILCS 5/27A-5)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

 

 

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1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3    (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status. Beginning
6on the effective date of this amendatory Act of the 93rd
7General Assembly, in all new applications to establish a
8charter school in a city having a population exceeding 500,000,
9operation of the charter school shall be limited to one campus.
10The changes made to this Section by this amendatory Act of the
1193rd General Assembly do not apply to charter schools existing
12or approved on or before the effective date of this amendatory
13Act.
14    (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19    From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

 

 

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1prior to April 1, 2013.
2    On or before March 1, 2014, the Commission shall submit to
3the General Assembly a report on the effect of
4virtual-schooling, including without limitation the effect on
5student performance, the costs associated with
6virtual-schooling, and issues with oversight. The report shall
7include policy recommendations for virtual-schooling.
8    (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter school
11shall be subject to the Freedom of Information Act and the Open
12Meetings Act.
13    (d) A charter school shall comply with all applicable
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. To ensure financial accountability for the use of
26public funds, on or before December 1 of every year of

 

 

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1operation, each charter school shall submit to its authorizer
2and the State Board a copy of its audit and a copy of the Form
3990 the charter school filed that year with the federal
4Internal Revenue Service. In addition, if deemed necessary for
5proper financial oversight of the charter school, an authorizer
6may require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article; the Illinois Educational Labor Relations Act; all
10federal and State laws and rules applicable to public schools
11that pertain to special education and the instruction of
12English language learners, referred to in this Code as
13"children of limited English-speaking ability"; and its
14charter. A charter school is exempt from all other State laws
15and regulations in this Code governing public schools and local
16school board policies, except the following:
17        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
18    criminal history records checks and checks of the Statewide
19    Sex Offender Database and Statewide Murderer and Violent
20    Offender Against Youth Database of applicants for
21    employment;
22        (2) Sections 24-24 and 34-84A of this Code regarding
23    discipline of students;
24        (3) the Local Governmental and Governmental Employees
25    Tort Immunity Act;
26        (4) Section 108.75 of the General Not For Profit

 

 

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1    Corporation Act of 1986 regarding indemnification of
2    officers, directors, employees, and agents;
3        (5) the Abused and Neglected Child Reporting Act;
4        (6) the Illinois School Student Records Act;
5        (7) Section 10-17a of this Code regarding school report
6    cards;
7        (8) the P-20 Longitudinal Education Data System Act;
8    and
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention; .
11        (10) (9) Section 2-3.162 2-3.160 of this the School
12    Code regarding student discipline reporting; and .
13        (11) Section 22-80 of this Code.
14    The change made by Public Act 96-104 to this subsection (g)
15is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required to
25perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after the

 

 

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1effective date of this amendatory Act of the 93rd General
2Assembly and that operates in a city having a population
3exceeding 500,000 may not contract with a for-profit entity to
4manage or operate the school during the period that commences
5on the effective date of this amendatory Act of the 93rd
6General Assembly and concludes at the end of the 2004-2005
7school year. Except as provided in subsection (i) of this
8Section, a school district may charge a charter school
9reasonable rent for the use of the district's buildings,
10grounds, and facilities. Any services for which a charter
11school contracts with a school district shall be provided by
12the district at cost. Any services for which a charter school
13contracts with a local school board or with the governing body
14of a State college or university or public community college
15shall be provided by the public entity at cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be subject
23to negotiation between the charter school and the local school
24board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age or
26grade level.

 

 

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1    (k) If the charter school is approved by the Commission,
2then the Commission charter school is its own local education
3agency.
4(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
597-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
698-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
71-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
810-14-14.)
 
9    (105 ILCS 5/10-20.54 rep.)
10    (105 ILCS 5/34-18.46 rep.)
11    Section 85. The School Code is amended by repealing
12Sections 10-20.54 and 34-18.46.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".