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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
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105 ILCS 5/22-35
(105 ILCS 5/22-35)
Sec. 22-35. Sharing information on school lunch applicants;
consent. Before an entity shares with the Department of Healthcare and Family Services
information on an applicant for free or reduced-price lunches under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code or Section 10 of the
School
Breakfast and Lunch Program Act, that entity must obtain, in writing,
the consent of the applicant's parent or legal guardian.
The Department of Healthcare and Family Services may not seek any punitive action against
or withhold any benefit or subsidy from an applicant for a free or
reduced-price lunch due to the applicant's parent or legal guardian withholding
consent.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/22-40 (105 ILCS 5/22-40) Sec. 22-40. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
105 ILCS 5/22-45 (105 ILCS 5/22-45) Sec. 22-45. Illinois P-20 Council. (a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding. (b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members: (1) The Governor or his or her designee, to serve as | | (2) Four members of the General Assembly, one
| | appointed by the Speaker of the House of Representatives, one appointed by the Minority Leader of the House of Representatives, one appointed by the President of the Senate, and one appointed by the Minority Leader of the Senate.
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| (3) Six at-large members appointed by the Governor as
| | follows, with 2 members being from the City of Chicago, 2 members being from Lake County, McHenry County, Kane County, DuPage County, Will County, or that part of Cook County outside of the City of Chicago, and 2 members being from the remainder of the State:
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| (A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
| | (E) one representative of parents' organizations;
| | (F) one education research expert.
(4) Five members appointed by statewide business
| | organizations and business trade associations.
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| (5) Six members appointed by statewide professional
| | organizations and associations representing pre-kindergarten through grade 20 teachers, community college faculty, and public university faculty.
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| (6) Two members appointed by associations
| | representing local school administrators and school board members. One of these members must be a special education administrator.
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| (7) One member representing community colleges,
| | appointed by the Illinois Council of Community College Presidents.
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| (8) One member representing 4-year independent
| | colleges and universities, appointed by a statewide organization representing private institutions of higher learning.
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| (9) One member representing public 4-year
| | universities, appointed jointly by the university presidents and chancellors.
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| (10) Ex-officio members as follows:
(A) The State Superintendent of Education or his
| | (B) The Executive Director of the Board of Higher
| | Education or his or her designee.
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| (C) The Executive Director of the Illinois
| | Community College Board or his or her designee.
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| (D) The Executive Director of the Illinois
| | Student Assistance Commission or his or her designee.
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| (E) The Co-chairpersons of the Illinois
| | Workforce Investment Board or their designee.
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| (F) The Director of Commerce and Economic
| | Opportunity or his or her designee.
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| (G) The Chairperson of the Illinois Early
| | Learning Council or his or her designee.
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| (H) The President of the Illinois Mathematics and
| | Science Academy or his or her designee.
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| (I) The president of an association representing
| | educators of adult learners or his or her designee.
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| Ex-officio members shall have no vote on the Illinois P-20 Council.
Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council.
Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council.
(d) The Illinois P-20 Council shall have all of the following duties:
(1) To make recommendations to do all of the
| | (A) Coordinate pre-kindergarten through grade 20
| | (graduate school) education in this State through working at the intersections of educational systems to promote collaborative infrastructure.
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| (B) Coordinate and leverage strategies, actions,
| | legislation, policies, and resources of all stakeholders to support fundamental and lasting improvement in this State's public schools, community colleges, and universities.
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| (C) Better align the high school curriculum with
| | postsecondary expectations.
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| (D) Better align assessments across all levels of
| | (E) Reduce the need for students entering
| | institutions of higher education to take remedial courses.
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| (F) Smooth the transition from high school to
| | (G) Improve high school and college graduation
| | (H) Improve the rigor and relevance of academic
| | standards for college and workforce readiness.
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| (I) Better align college and university teaching
| | programs with the needs of Illinois schools.
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| (2) To advise the Governor, the General Assembly,
| | the State's education and higher education agencies, and the State's workforce and economic development boards and agencies on policies related to lifelong learning for Illinois students and families.
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| (3) To articulate a framework for systemic
| | educational improvement and innovation that will enable every student to meet or exceed Illinois learning standards and be well-prepared to succeed in the workforce and community.
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| (4) To provide an estimated fiscal impact for
| | implementation of all Council recommendations.
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| (5) To make recommendations for short-term and
| | long-term learning recovery actions for public school students in this State in the wake of the COVID-19 pandemic. The Illinois P-20 Council shall submit a report with its recommendations for a multi-year recovery plan by December 31, 2021 to the Governor, the State Board of Education, the Board of Higher Education, the Illinois Community College Board, and the General Assembly that addresses all of the following:
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| (A) Closing the digital divide for all students,
| | including access to devices, Internet connectivity, and ensuring that educators have the necessary support and training to provide high quality remote and blended learning to students.
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| (B) Evaluating the academic growth and
| | proficiency of students in order to understand the impact of school closures and remote and blended remote learning conditions on student academic outcomes, including disaggregating data by race, income, diverse learners, and English learners, in ways that balance the need to understand that impact with the need to support student well-being and also take into consideration the logistical constraints facing schools and districts.
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| (C) Establishing a system for the collection and
| | review of student data at the State level, including data about prekindergarten through higher education student attendance, engagement and participation, discipline, and social-emotional and mental health inputs and outcomes, in order to better understand the full impact of disrupted learning.
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| (D) Providing students with resources and
| | programs for academic support, such as enrichment opportunities, tutoring corps, summer bridge programs, youth leadership and development programs, youth and community-led restorative and transformative justice programs, and youth internship and apprenticeship programs.
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| (E) Providing students with resources and support
| | to ensure access to social-emotional learning, mental health services, and trauma responsive, restorative justice and anti-racist practices in order to support the growth of the whole child, such as investing in community schools and providing comprehensive year-round services and support for both students and their families.
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| (F) Ensuring more time for students' academic,
| | social-emotional, and mental health needs by considering such strategies as: (i) extending planning time for teachers, (ii) extending the school day and school year, and (iii) transitioning to year-round schooling.
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| (G) Strengthening the transition from secondary
| | education to postsecondary education in the wake of threats to alignment and affordability created by the pandemic and related conditions.
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| (e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas:
(1) Preparation, recruitment, and certification of
| | highly qualified teachers.
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| (2) Mentoring and induction of highly qualified
| | (3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
| | developing a strategic and collaborative plan to seek federal and private grants to support initiatives targeting teacher preparation and its impact on student achievement.
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| (5) Highly effective administrators.
(6) Illinois birth through age 3 education,
| | pre-kindergarten, and early childhood education.
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| (7) The assessment, alignment, outreach, and network
| | of college and workforce readiness efforts.
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| (8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
| | other innovative approaches to education that foster community partnerships.
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| (11) Tuition, financial aid, and other issues related
| | to keeping postsecondary education affordable for Illinois residents.
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| (12) Learning recovery in the wake of the COVID-19
| | The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 101-654, eff. 3-8-21.)
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105 ILCS 5/22-50 (105 ILCS 5/22-50) Sec. 22-50. Twice-exceptional children; recommendations. The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
105 ILCS 5/22-55
(105 ILCS 5/22-55)
Sec. 22-55. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
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105 ILCS 5/22-60 (105 ILCS 5/22-60) (Text of Section before amendment by P.A. 102-466) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | | effective date of this amendatory Act of the 96th General Assembly.
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| (2) Any regulatory mandate promulgated by the State
| | Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
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| (b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
(Text of Section after amendment by P.A. 102-466)
Sec. 22-60. Unfunded mandates prohibited.
(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:
(1) Any mandate in this Code enacted after the
| | effective date of this amendatory Act of the 96th General Assembly.
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| (2) Any regulatory mandate promulgated by the State
| | Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
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| (b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.)
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105 ILCS 5/22-65
(105 ILCS 5/22-65)
Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/22-70 (105 ILCS 5/22-70) Sec. 22-70. Enrollment information; children of military personnel. At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.) |
105 ILCS 5/22-75
(105 ILCS 5/22-75)
Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/22-76 (105 ILCS 5/22-76) Sec. 22-76. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.) |
105 ILCS 5/22-77 (105 ILCS 5/22-77) Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.) |
105 ILCS 5/22-80 (105 ILCS 5/22-80) Sec. 22-80. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported | | injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
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| (2) Concussions are a type of brain injury that can
| | range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
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| (3) Continuing to play with a concussion or symptoms
| | of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
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| (4) Student athletes who have sustained a concussion
| | may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered. To that end, all schools are encouraged to establish a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines and conduct baseline testing for student athletes.
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| (b) In this Section:
"Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician.
"Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches.
"Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and Professional Regulation.
"Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association.
"Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer.
"Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse.
"Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.
"School" means any public or private elementary or secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a school.
(c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity.
Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team.
(e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another
| | person with legal authority to make medical decisions for the student;
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| (6) the student; or
(7) any other person deemed appropriate under the
| | school's return-to-play protocol.
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| (g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
(1) the student has been evaluated, using established
| | medical protocols based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, by a treating physician (chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student), an athletic trainer, an advanced practice registered nurse, or a physician assistant;
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| (2) the student has successfully completed each
| | requirement of the return-to-play protocol established under this Section necessary for the student to return to play;
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| (3) the student has successfully completed each
| | requirement of the return-to-learn protocol established under this Section necessary for the student to return to learn;
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| (4) the treating physician, the athletic trainer, or
| | the physician assistant has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play and return to learn or the treating advanced practice registered nurse has provided a written statement indicating that it is safe for the student to return to play and return to learn; and
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| (5) the student and the student's parent or guardian
| | or another person with legal authority to make medical decisions for the student:
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| (A) have acknowledged that the student has
| | completed the requirements of the return-to-play and return-to-learn protocols necessary for the student to return to play;
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| (B) have provided the treating physician's,
| | athletic trainer's, advanced practice registered nurse's, or physician assistant's written statement under subdivision (4) of this subsection (g) to the person responsible for compliance with the return-to-play and return-to-learn protocols under this subsection (g) and the person who has supervisory responsibilities under this subsection (g); and
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| (C) have signed a consent form indicating that
| | (i) has been informed concerning and consents
| | to the student participating in returning to play in accordance with the return-to-play and return-to-learn protocols;
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| (ii) understands the risks associated with
| | the student returning to play and returning to learn and will comply with any ongoing requirements in the return-to-play and return-to-learn protocols; and
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| (iii) consents to the disclosure to
| | appropriate persons, consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), of the treating physician's, athletic trainer's, physician assistant's, or advanced practice registered nurse's written statement under subdivision (4) of this subsection (g) and, if any, the return-to-play and return-to-learn recommendations of the treating physician, the athletic trainer, the physician assistant, or the advanced practice registered nurse, as the case may be.
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| A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn.
The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training.
(2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse, licensed healthcare professional, or
| | non-licensed healthcare professional who serves as a member of a concussion oversight team either on a volunteer basis or in his or her capacity as an employee, representative, or agent of a school; and
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| (C) a game official of an interscholastic athletic
| | (3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach, game official, or non-licensed
| | healthcare professional, as the case may be, must take a course described in paragraph (1) of this subsection (h);
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| (B) an athletic trainer must take a
| | concussion-related continuing education course from an athletic trainer continuing education sponsor approved by the Department;
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| (C) a nurse must take a concussion-related continuing
| | education course from a nurse continuing education sponsor approved by the Department;
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| (D) a physical therapist must take a
| | concussion-related continuing education course from a physical therapist continuing education sponsor approved by the Department;
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| (E) a psychologist must take a concussion-related
| | continuing education course from a psychologist continuing education sponsor approved by the Department;
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| (F) an occupational therapist must take a
| | concussion-related continuing education course from an occupational therapist continuing education sponsor approved by the Department; and
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| (G) a physician assistant must take a
| | concussion-related continuing education course from a physician assistant continuing education sponsor approved by the Department.
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| (5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school.
(6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity.
(7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity.
(i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the
| | superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school;
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| (4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by
| | (6) reviewed annually by all athletic trainers, first
| | responders (including, but not limited to, emergency medical dispatchers), coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.
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| (j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.)
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105 ILCS 5/22-81 (105 ILCS 5/22-81) Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services. A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The Resource Guide shall, at a minimum, include all the following: (1) Age-appropriate, comprehensive, reality-based, | | safety-focused, medically accurate and evidence-informed information that reduces substance-use risk factors and promotes protective factors.
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| (2) Information about where to locate stories and
| | perspectives of people with lived experiences for incorporation into classroom instruction.
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| (3) Resources regarding how to make substance use
| | prevention and recovery instruction interactive at each grade level.
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| (4) Information on how school districts may involve
| | parents, caregivers, teachers, healthcare providers, and community members in the instructional process.
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| (5) Ways to create instructional programs that are
| | representative of diverse demographic groups and appropriate for each age, grade, and culture represented in classrooms in this State.
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| (6) Resources that reflect the prevention continuum
| | from universal to selected tactics that address young people's substance use, and current and projected substance use and overdose trends.
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| (7) Citations and references the most up-to-date
| | version of the State of Illinois Overdose Action Plan.
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| (8) Resources that reflect the importance of
| | education for youth, their families, and their community about:
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| (A) substance types, the substance use continuum,
| | the impact of substances on the brain and body, and contributing factors that lead to substance use, such as underlying co-occurring health issues and trauma;
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| (B) the history of drugs and health policy in
| | this State and the country, the impact of zero tolerance, and restorative justice practices;
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| (C) risk mitigation and harm reduction, including
| | abstinence and responding to an overdose with the use of naloxone and fentanyl test strips;
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| (D) addressing adverse childhood experiences,
| | such as witnessing and experiencing violence, abuse, caregiver loss, and other trauma, especially among young people of color;
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| (E) the social and health inequities among racial
| | and ethnic minorities; and
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| (F) strategies and resources for coping with
| | stress, trauma, substance use, and other risky behavior in non-punitive ways to help oneself or others.
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| Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program. Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program.
The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.)
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105 ILCS 5/22-82 (105 ILCS 5/22-82) Sec. 22-82. Assessment reporting. (a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education: (1) Every reliable assessment that measures a certain | | group or subset of students in the same manner with the same potential assessment items; is scored by a non-district entity; is administered either statewide or beyond Illinois, such as assessments available from the Northwest Evaluation Association, Scantron Performance Series assessments, Renaissance Learning's STAR Reading Enterprise assessments, the College Board's SAT, Advanced Placement or International Baccalaureate examinations, or ACT's Educational Planning and Assessment System tests; and will be administered by each school that school year.
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| (2) The administration window for each of these
| | (3) Which entity is requiring the assessment (State,
| | school district, network, or principal).
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| (4) Which grade levels will be taking the assessment.
(5) Which subsets of students, such as English
| | Learners and special education students, will be taking the assessment.
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| (6) An estimate of the average time it will take a
| | student to complete the assessment.
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| (7) If the results of the assessment are to be used
| | for purposes other than for guiding instruction, what the results of the assessment will be used for, such as for promotion, course placement, graduation, teacher evaluation, or school performance ratings.
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| (b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form.
(c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.)
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