HB3010 102ND GENERAL ASSEMBLY

LRB102 12501 CMG 17838 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3010

Introduced 2/19/2021, by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-90 new
105 ILCS 25/1.25 new

Amends the School Code. Provides that neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in extracurricular activities and programs for any duration even if the Governor has declared a disaster due to a public health emergency. Provides that for the mental and physical health of students, school districts and nonpublic schools have the exclusive power and authority to allow students to continue to participate in extracurricular activities and programs even if the Governor has declared a disaster due to a public health emergency. Amends the Interscholastic Athletic Organization Act. Provides that neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in interscholastic athletics or athletic competition for any duration even if the Governor has declared a disaster due to a public health emergency. Provides that an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State has the exclusive power and authority to set interscholastic athletic schedules even if the Governor has declared a disaster due to a public health emergency. Makes related changes. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-90 as follows:

(105 ILCS 5/22-90 new)

Sec. 22-90. Extracurricular activities during public health emergency. Notwithstanding any other law to the contrary, neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in extracurricular activities and programs for any duration. The provisions of this Section apply even if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. For the mental and physical health of students, school districts and nonpublic schools have the exclusive power and authority to allow students to continue to participate in extracurricular activities and programs even if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. A school district or nonpublic school may consult with the local health department to determine if it is deemed safe to allow students to continue to participate in extracurricular activities and programs during a public health emergency.

Section 10. The Interscholastic Athletic Organization Act is amended by adding Section 1.25 as follows:

(105 ILCS 25/1.25 new)

Sec. 1.25. Participation during public health emergency. Notwithstanding any other law to the contrary, neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in interscholastic athletics or athletic competition for any duration. The provisions of this Section apply even if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. An association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State has the exclusive power and authority to set interscholastic athletic schedules even if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. For the mental and physical health of student athletes, an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State shall allow interscholastic athletics and competition to continue during a public health emergency so long as the association or other entity consults with independent health experts in setting interscholastic athletic schedules and in determining if they should be allowed during a public health emergency.

Section 99. Effective date. This Act takes effect upon becoming law.