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.