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Public Act 099-0245


 

Public Act 0245 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0245
 
SB0007 EnrolledLRB099 02651 NHT 22657 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Youth
Sports Concussion Safety Act.
 
    Section 5. Definitions. In this Section:
    "Coach" means any volunteer or employee of a youth sports
league who is responsible for organizing and supervising
players and teaching them or training them in the fundamental
skills of extracurricular athletic activities provided by the
youth sports league. "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.
    "Game official" means a person who officiates at a
sponsored youth sports activity, such as a referee or umpire,
including, but not limited to, persons enrolled as game
officials by the Illinois High School Association, the Illinois
Elementary School Association, or a youth sports league.
    "Player" means an adolescent or child participating in any
sponsored youth sports activity of a youth sports league.
    "Sponsored youth sports activity" means any athletic
activity, including practice or competition, for players under
the direction of a coach, athletic director, or band leader of
a youth sports league, 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, wrestling, and any other sport offered
by a youth sports league. A sponsored youth sports activity
does not include an interscholastic athletic activity as that
term is defined in Section 22-80 of the School Code.
    "Youth sports league" means any incorporated or
unincorporated, for-profit or not-for-profit entity that
organizes and provides sponsored youth sports activities,
including, but not limited to, any athletic association,
organization, or federation in this State that is owned,
operated, sanctioned, or sponsored by a unit of local
government or that is owned, operated, sanctioned, or sponsored
by a private person or entity, as well as any amateur athletic
organization or qualified amateur sports organization in this
State under the U.S. Internal Revenue Code (26 U.S.C. Sec.
501(c)(3) or Sec. 501(j)).
 
    Section 10. Scope of Act. This Act applies to any
sponsored youth sports activity sponsored or sanctioned by a
youth sports league. This Act does not apply to an
interscholastic athletic activity as that term is defined in
Section 22-80 of the School Code. This Act applies to sponsored
youth sports activities beginning or continuing after January
1, 2016.
 
    Section 15. Concussion and head injury educational
materials. Each youth sports league with players who
participate in any youth-sponsored sports activity sponsored
or sanctioned by the youth sports league is encouraged to make
available, electronically or in writing, to coaches, game
officials, and players, as well as the parents, guardians, and
other persons with legal authority to make medical decisions,
educational materials that describe the nature and risk of
concussions and head injuries, including the advisability of
removal of players that exhibit signs, symptoms, or behaviors
consistent with a concussion, such as a loss of consciousness,
a headache, dizziness, confusion, or balance problems, from
participating in a youth-sponsored sports activity sponsored
or sanctioned by the youth sports league.
    These educational materials may include materials produced
or distributed by the Illinois High School Association, those
produced by the U.S. Centers for Disease Control and
Prevention, or other comparable materials. The intent of these
materials is to assist in educating coaches, game officials,
and players and parents, guardians, and other persons with
legal authority to make medical decisions for players about the
nature and risks of head injuries.
 
    Section 75. The Park District Code is amended by changing
Section 8-24 as follows:
 
    (70 ILCS 1205/8-24)
    Sec. 8-24. Concussion and head injury educational
materials.
    (a) In addition to the other powers and authority now
possessed by it, any park district is authorized and encouraged
to make available to residents and users of park district
facilities, including youth athletic programs, electronically
or in written form, educational materials that describe the
nature and risk of concussion and head injuries, including the
advisability of removal of youth athletes that exhibit signs,
symptoms, or behaviors consistent with a concussion, such as a
loss of consciousness, headache, dizziness, confusion, or
balance problems, from a practice or game. These educational
materials may include materials produced or distributed by the
Illinois High School Association, those produced by the U.S.
Centers for Disease Control and Prevention, or other comparable
materials. The intent of these materials is to assist in
educating coaches, youth athletes, and parents and guardians of
youth athletes about the nature and risks of head injuries.
    (b) Each park district is subject to and shall comply with
the requirements of the Youth Sports Concussion Safety Act if
the park district is directly responsible for organizing and
providing a sponsored youth sports activity as a youth sports
league by registering the players and selecting the coaches, as
those terms are defined in the Youth Sports Concussion Safety
Act.
(Source: P.A. 97-204, eff. 7-28-11.)
 
    Section 80. The School Code is amended by adding Section
22-80 and by changing Section 27A-5 as follows:
 
    (105 ILCS 5/22-80 new)
    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 are
    significant when a concussion or head injury is not
    properly evaluated and managed.
        (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.
        (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.
        (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.
    (b) In this Section:
    "Athletic trainer" means an athletic trainer licensed
under the Illinois Athletic Trainers Practice Act.
    "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.
    "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 nurse.
    "Physician" means a physician licensed to practice
medicine in all of its branches under the Medical 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 2015-2016 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 protocals adopted by the concussion oversight
team. 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;
        (6) the student; or
        (7) any other person deemed appropriate under the
    school's return-to-play protocol.
    (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) or an athletic trainer working under the
    supervision of a physician;
        (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;
        (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;
        (4) the treating physician or athletic trainer working
    under the supervision of a physician 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; and
        (5) the student and the student's parent or guardian or
    another person with legal authority to make medical
    decisions for the student:
            (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;
            (B) have provided the treating physician's or
        athletic trainer'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
            (C) have signed a consent form indicating that the
        person signing:
                (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;
                (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
                (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 or athletic trainer'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 or the athletic trainer, as the case may
            be.
    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 and game officials of interscholastic athletic
activities, 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 who serves as a member of a concussion
    oversight team and is an employee, representative, or agent
    of a school;
        (C) a game official of an interscholastic athletic
    activity; and
        (D) a nurse who serves on a volunteer basis as a member
    of a concussion oversight team for a school.
    (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 or game officials, as the case may be, must
    take a course described in paragraph (1) of this subsection
    (h).
        (B) an athletic trainer must take a concussion-related
    continuing education course from an athletic trainer
    continuing education sponsor approved by the Department;
    and
        (C) a nurse must take a course concerning the subject
    matter of concussions that has been approved for continuing
    education credit by the Department.
    (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, athletic trainer, or nurse 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 initially
complete the training not later than September 1, 2016.
    (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;
        (4) distributed to all appropriate personnel;
        (5) posted conspicuously at all venues utilized by the
    school; and
        (6) reviewed annually by all athletic trainers, first
    responders, coaches, school nurses, athletic directors,
    and volunteers for interscholastic athletic activities.
    (j) The State Board of Education may adopt rules as
necessary to administer this Section.
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications to establish a
charter school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
    (d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article; the Illinois Educational Labor Relations Act; all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English language learners, referred to in this Code as
"children of limited English-speaking ability"; and its
charter. A charter school is exempt from all other State laws
and regulations in this Code governing public schools and local
school board policies, except the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
    criminal history records checks and checks of the Statewide
    Sex Offender Database and Statewide Murderer and Violent
    Offender Against Youth Database of applicants for
    employment;
        (2) Sections 24-24 and 34-84A of this Code regarding
    discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school report
    cards;
        (8) the P-20 Longitudinal Education Data System Act;
    and
        (9) Section 27-23.7 of this Code regarding bullying
    prevention; .
        (10) (9) Section 2-3.162 2-3.160 of this the School
    Code regarding student discipline reporting; and .
        (11) Section 22-80 of this Code.
    The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age or
grade level.
    (k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
10-14-14.)
 
    (105 ILCS 5/10-20.54 rep.)
    (105 ILCS 5/34-18.46 rep.)
    Section 85. The School Code is amended by repealing
Sections 10-20.54 and 34-18.46.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2015