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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | ||||||||||||||||||||||||||||||
5 | 22-80 and by changing Section 27A-5 as follows: | ||||||||||||||||||||||||||||||
6 | (105 ILCS 5/22-80 new) | ||||||||||||||||||||||||||||||
7 | Sec. 22-80. Prevention, treatment, and oversight of | ||||||||||||||||||||||||||||||
8 | concussions affecting student athletes. | ||||||||||||||||||||||||||||||
9 | (a) In this Section: | ||||||||||||||||||||||||||||||
10 | "Advanced practice nurse" means an advanced practice nurse | ||||||||||||||||||||||||||||||
11 | licensed under the Nurse Practice Act. | ||||||||||||||||||||||||||||||
12 | "Athletic trainer" means an athletic trainer licensed | ||||||||||||||||||||||||||||||
13 | under the Illinois Athletic Trainers Practice Act. | ||||||||||||||||||||||||||||||
14 | "Coach" includes an assistant coach. | ||||||||||||||||||||||||||||||
15 | "Concussion" means a complex pathophysiological
process | ||||||||||||||||||||||||||||||
16 | affecting the brain caused by a traumatic physical force or
| ||||||||||||||||||||||||||||||
17 | impact to the head or body, which may: | ||||||||||||||||||||||||||||||
18 | (1) include temporary or prolonged altered brain
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19 | function resulting in physical, cognitive, or emotional | ||||||||||||||||||||||||||||||
20 | symptoms or
altered sleep patterns; and | ||||||||||||||||||||||||||||||
21 | (2) involve loss of consciousness. | ||||||||||||||||||||||||||||||
22 | "Licensed health care professional" means an
advanced | ||||||||||||||||||||||||||||||
23 | practice nurse, athletic trainer, neuropsychologist, or
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| |||||||
| |||||||
1 | physician assistant, as those terms are defined by this | ||||||
2 | Section. | ||||||
3 | "Neuropsychologist" means a psychologist who holds a | ||||||
4 | license under the Clinical Psychologist Licensing Act and | ||||||
5 | specializes in the practice of neuropsychology. | ||||||
6 | "Physician" means a physician licensed to practice | ||||||
7 | medicine in all of its branches under the Medical Practice Act | ||||||
8 | of 1987. | ||||||
9 | "Physician assistant" means a physician assistant licensed | ||||||
10 | under the Physician Assistant Practice Act of 1987. | ||||||
11 | (b) This Section applies to an interscholastic athletic | ||||||
12 | activity, including practice and
competition, sponsored or | ||||||
13 | sanctioned by: | ||||||
14 | (1) a school district, including a public school, or | ||||||
15 | charter school; or | ||||||
16 | (2) the Illinois High School Association. | ||||||
17 | This Section applies beginning with the 2015-2016 school
| ||||||
18 | year. | ||||||
19 | (c) The governing body of each school district and charter | ||||||
20 | school with students enrolled
who participate in an | ||||||
21 | interscholastic athletic activity shall
appoint or approve a | ||||||
22 | concussion oversight team. Each concussion oversight team | ||||||
23 | shall establish a return-to-play protocol, based on | ||||||
24 | peer-reviewed scientific
evidence, for a student's return to | ||||||
25 | interscholastic athletics
practice or competition following a | ||||||
26 | force or impact believed to
have caused a concussion. |
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| |||||||
1 | Each concussion oversight team must include at least one | ||||||
2 | physician
and, to the greatest extent practicable, considering | ||||||
3 | factors
including the population of the metropolitan | ||||||
4 | statistical area in
which the school district or charter school | ||||||
5 | is
located, district or charter school student enrollment, and | ||||||
6 | the
availability of and access to licensed health care | ||||||
7 | professionals in
the district or charter school area, must also | ||||||
8 | include one or more
of the following: | ||||||
9 | (1) an athletic trainer; | ||||||
10 | (2) an advanced practice nurse; | ||||||
11 | (3) a neuropsychologist; or | ||||||
12 | (4) a physician assistant. | ||||||
13 | If a school district or charter school employs an athletic | ||||||
14 | trainer, the athletic trainer must be a member of the district | ||||||
15 | or charter school concussion oversight team. | ||||||
16 | Each member of the concussion oversight team must have
had | ||||||
17 | training in the evaluation, treatment, and oversight of
| ||||||
18 | concussions at the time of appointment or approval as a member | ||||||
19 | of
the team. | ||||||
20 | (d) A student may not participate in an interscholastic
| ||||||
21 | athletic activity for a school year until both the student and | ||||||
22 | the
student's parent or guardian or another person with legal | ||||||
23 | authority
to make medical decisions for the student have signed | ||||||
24 | a form for
that school year that acknowledges receiving and | ||||||
25 | reading written
information that explains concussion | ||||||
26 | prevention, symptoms,
treatment, and oversight and that |
| |||||||
| |||||||
1 | includes guidelines for safely
resuming participation in an | ||||||
2 | athletic activity following a
concussion. The form must be | ||||||
3 | approved by the Illinois High School Association. | ||||||
4 | (e) A student shall be removed from an
interscholastic | ||||||
5 | athletics practice or competition immediately if
one of the | ||||||
6 | following persons believes the student might have
sustained a | ||||||
7 | concussion during the practice or competition: | ||||||
8 | (1) a coach; | ||||||
9 | (2) a physician; | ||||||
10 | (3) a licensed health care professional; or | ||||||
11 | (4) the student's parent or guardian or another person
| ||||||
12 | with legal authority to make medical decisions for the | ||||||
13 | student. | ||||||
14 | (f) A student removed from an interscholastic athletics | ||||||
15 | practice or
competition under this Section may not be permitted | ||||||
16 | to practice
or compete again following the force or impact | ||||||
17 | believed to have
caused the concussion until: | ||||||
18 | (1) the student has been evaluated, using established
| ||||||
19 | medical protocols based on peer-reviewed scientific | ||||||
20 | evidence, by a
treating physician chosen by the student or | ||||||
21 | the student's parent or
guardian or another person with | ||||||
22 | legal authority to make medical
decisions for the student; | ||||||
23 | (2) the student has successfully completed each
| ||||||
24 | requirement of the return-to-play protocol established | ||||||
25 | under
this Section necessary for the student to return to | ||||||
26 | play; |
| |||||||
| |||||||
1 | (3) the treating physician has provided a written
| ||||||
2 | statement indicating that, in the physician's professional
| ||||||
3 | judgment, it is safe for the student to return to play; and | ||||||
4 | (4) the student and the student's parent or guardian or
| ||||||
5 | another person with legal authority to make medical | ||||||
6 | decisions for
the student: | ||||||
7 | (A) have acknowledged that the student has
| ||||||
8 | completed the requirements of the return-to-play | ||||||
9 | protocol
necessary for the student to return to play; | ||||||
10 | (B) have provided the treating physician's
written | ||||||
11 | statement under subdivision (3) of this subsection (f) | ||||||
12 | to the person responsible for compliance with the | ||||||
13 | return-to-play protocol under this subsection (f) and | ||||||
14 | the person who has supervisory responsibilities under
| ||||||
15 | this subsection (f); and | ||||||
16 | (C) have signed a consent form indicating that
the | ||||||
17 | person signing: | ||||||
18 | (i) has been informed concerning and
consents | ||||||
19 | to the student participating in returning to play | ||||||
20 | in
accordance with the return-to-play protocol; | ||||||
21 | (ii) understands the risks associated with
the | ||||||
22 | student returning to play and will comply with any | ||||||
23 | ongoing
requirements in the return-to-play | ||||||
24 | protocol; | ||||||
25 | (iii) consents to the disclosure to
| ||||||
26 | appropriate persons, consistent with the federal |
| |||||||
| |||||||
1 | Health Insurance
Portability and Accountability | ||||||
2 | Act of 1996 (Public Law 104-191),
of the treating | ||||||
3 | physician's written statement under subdivision | ||||||
4 | (3) of this subsection (f) and, if any, the | ||||||
5 | return-to-play recommendations of the treating | ||||||
6 | physician; and | ||||||
7 | (iv) understands the immunity provisions
under | ||||||
8 | subsection (i) of this Section. | ||||||
9 | A coach of an interscholastic athletics team may not | ||||||
10 | authorize a student's return to play. | ||||||
11 | The school district superintendent or the superintendent's | ||||||
12 | designee or, in the case of a charter school, the chief school | ||||||
13 | administrator or that person's designee shall supervise an | ||||||
14 | athletic trainer or other person responsible for compliance | ||||||
15 | with the return-to-play protocol. The person who has | ||||||
16 | supervisory responsibilities under this paragraph may not be a | ||||||
17 | coach of an interscholastic athletics team. | ||||||
18 | (g)(1) The Illinois High School Association shall approve | ||||||
19 | for coaches of
interscholastic athletic activities training | ||||||
20 | courses that provide
for not less than 2 hours of training in | ||||||
21 | the subject matter of
concussions, including evaluation, | ||||||
22 | prevention, symptoms, risks,
and long-term effects. The | ||||||
23 | Association shall maintain an updated list of
individuals and | ||||||
24 | organizations authorized by the Association to provide
the | ||||||
25 | training. | ||||||
26 | (2) The Illinois Board of Athletic Trainers shall approve |
| |||||||
| |||||||
1 | for athletic trainers training courses in the subject matter of | ||||||
2 | concussions and shall maintain an updated list of individuals | ||||||
3 | and organizations authorized by the Board to provide the | ||||||
4 | training. | ||||||
5 | (3) The following persons must take a training course in
| ||||||
6 | accordance with paragraph (5) of this subsection (g) from an | ||||||
7 | authorized training provider at least once every 2 years: | ||||||
8 | (A) a coach of an interscholastic athletic activity; | ||||||
9 | (B) a licensed health care professional who serves as
a | ||||||
10 | member of a concussion oversight team and is an employee,
| ||||||
11 | representative, or agent of a school district or
charter | ||||||
12 | school; and | ||||||
13 | (C) a licensed health care professional who serves on
a | ||||||
14 | volunteer basis as a member of a concussion oversight team | ||||||
15 | for a
school district or charter school. | ||||||
16 | (4) A physician who serves as a member of a concussion
| ||||||
17 | oversight team shall, to the greatest extent practicable,
| ||||||
18 | periodically take an appropriate continuing medical education
| ||||||
19 | course in the subject matter of concussions. | ||||||
20 | (5) For purposes of paragraph (3) of this subsection (g): | ||||||
21 | (A) a coach must take a course described in paragraph | ||||||
22 | (1) of this subsection (g); | ||||||
23 | (B) an athletic trainer must take: | ||||||
24 | (i) a course described in paragraph (2) of this | ||||||
25 | subsection (g); or | ||||||
26 | (ii) a course concerning the subject matter of
|
| |||||||
| |||||||
1 | concussions that has been approved for continuing | ||||||
2 | education credit by the appropriate licensing | ||||||
3 | authority for the profession; and | ||||||
4 | (C) a licensed health care professional, other than an
| ||||||
5 | athletic trainer, must take: | ||||||
6 | (i) a course described in paragraph (1) or (2) of | ||||||
7 | this subsection (g);
or | ||||||
8 | (ii) a course concerning the subject matter of
| ||||||
9 | concussions that has been approved for continuing | ||||||
10 | education credit
by the appropriate licensing | ||||||
11 | authority for the profession. | ||||||
12 | (6) Each person described by paragraph (3) of this | ||||||
13 | subsection (g) must submit
proof of timely completion of an | ||||||
14 | approved course in compliance with
paragraph (5) of this | ||||||
15 | subsection (g) to the school district superintendent or the
| ||||||
16 | superintendent's designee or, in the case of a charter school, | ||||||
17 | the chief school administrator or that person's designee. | ||||||
18 | (7) A licensed health care professional who is not in
| ||||||
19 | compliance with the training requirements under this | ||||||
20 | subsection (g) may
not serve on a concussion oversight team in | ||||||
21 | any capacity. | ||||||
22 | (8) A person required under this subsection (g) to take a | ||||||
23 | training
course in the subject of concussions must initially | ||||||
24 | complete the
training course not later than September 1, 2016. | ||||||
25 | (h) The governing body of each school district and charter | ||||||
26 | school with students enrolled who participate in an |
| |||||||
| |||||||
1 | interscholastic athletic activity shall develop a | ||||||
2 | venue-specific emergency action plan for interscholastic | ||||||
3 | athletic activities to deal with serious injuries and acute | ||||||
4 | medical conditions in which the condition of the patient may | ||||||
5 | deteriorate rapidly. The plan shall include a delineation of | ||||||
6 | roles, methods of communication, available emergency | ||||||
7 | equipment, and access to and a plan for emergency transport. | ||||||
8 | This emergency action plan must be: | ||||||
9 | (1) in writing; | ||||||
10 | (2) reviewed by an athletic trainer; | ||||||
11 | (3) approved by the school district superintendent or, | ||||||
12 | in the case of a charter school, the chief school | ||||||
13 | administrator; | ||||||
14 | (4) distributed to all appropriate personnel; | ||||||
15 | (5) posted conspicuously at all venues; and | ||||||
16 | (6) reviewed and rehearsed annually by all athletic | ||||||
17 | trainers, first responders, coaches, school nurses, | ||||||
18 | athletic directors, and volunteers for interscholastic | ||||||
19 | athletic activities. | ||||||
20 | (i) This Section does not: | ||||||
21 | (1) waive any immunity from liability of a school
| ||||||
22 | district or charter school or of district or
charter school | ||||||
23 | officers or employees; | ||||||
24 | (2) create any liability for a cause of action against
| ||||||
25 | a school district or charter school or against
district or | ||||||
26 | charter school officers or employees; |
| |||||||
| |||||||
1 | (3) create any cause of action or liability for a
| ||||||
2 | member of a concussion oversight team arising from the | ||||||
3 | injury or
death of a student participating in an | ||||||
4 | interscholastic athletics
practice or competition, based | ||||||
5 | on service or participation on the
concussion oversight | ||||||
6 | team. | ||||||
7 | (j) The State Board of Education may adopt rules as
| ||||||
8 | necessary to administer this Section.
| ||||||
9 | (105 ILCS 5/27A-5)
| ||||||
10 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
11 | (a) A charter school shall be a public, nonsectarian, | ||||||
12 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
13 | school shall be organized and operated
as a nonprofit | ||||||
14 | corporation or other discrete, legal, nonprofit entity
| ||||||
15 | authorized under the laws of the State of Illinois.
| ||||||
16 | (b) A charter school may be established under this Article | ||||||
17 | by creating a new
school or by converting an existing public | ||||||
18 | school or attendance center to
charter
school status.
Beginning | ||||||
19 | on the effective date of this amendatory Act of the 93rd | ||||||
20 | General
Assembly, in all new
applications to establish
a | ||||||
21 | charter
school in a city having a population exceeding 500,000, | ||||||
22 | operation of the
charter
school shall be limited to one campus. | ||||||
23 | The changes made to this Section by this
amendatory Act
of the | ||||||
24 | 93rd General
Assembly do not apply to charter schools existing | ||||||
25 | or approved on or before the
effective date of this
amendatory |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
3 | a cyber school where students engage in online curriculum and | ||||||
4 | instruction via the Internet and electronic communication with | ||||||
5 | their teachers at remote locations and with students | ||||||
6 | participating at different times. | ||||||
7 | From April 1, 2013 through December 31, 2016, there is a | ||||||
8 | moratorium on the establishment of charter schools with | ||||||
9 | virtual-schooling components in school districts other than a | ||||||
10 | school district organized under Article 34 of this Code. This | ||||||
11 | moratorium does not apply to a charter school with | ||||||
12 | virtual-schooling components existing or approved prior to | ||||||
13 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
14 | school with virtual-schooling components already approved | ||||||
15 | prior to April 1, 2013. | ||||||
16 | On or before March 1, 2014, the Commission shall submit to | ||||||
17 | the General Assembly a report on the effect of | ||||||
18 | virtual-schooling, including without limitation the effect on | ||||||
19 | student performance, the costs associated with | ||||||
20 | virtual-schooling, and issues with oversight. The report shall | ||||||
21 | include policy recommendations for virtual-schooling.
| ||||||
22 | (c) A charter school shall be administered and governed by | ||||||
23 | its board of
directors or other governing body
in the manner | ||||||
24 | provided in its charter. The governing body of a charter school
| ||||||
25 | shall be subject to the Freedom of Information Act and the Open | ||||||
26 | Meetings Act.
|
| |||||||
| |||||||
1 | (d) A charter school shall comply with all applicable | ||||||
2 | health and safety
requirements applicable to public schools | ||||||
3 | under the laws of the State of
Illinois.
| ||||||
4 | (e) Except as otherwise provided in the School Code, a | ||||||
5 | charter school shall
not charge tuition; provided that a | ||||||
6 | charter school may charge reasonable fees
for textbooks, | ||||||
7 | instructional materials, and student activities.
| ||||||
8 | (f) A charter school shall be responsible for the | ||||||
9 | management and operation
of its fiscal affairs including,
but | ||||||
10 | not limited to, the preparation of its budget. An audit of each | ||||||
11 | charter
school's finances shall be conducted annually by an | ||||||
12 | outside, independent
contractor retained by the charter | ||||||
13 | school. To ensure financial accountability for the use of | ||||||
14 | public funds, on or before December 1 of every year of | ||||||
15 | operation, each charter school shall submit to its authorizer | ||||||
16 | and the State Board a copy of its audit and a copy of the Form | ||||||
17 | 990 the charter school filed that year with the federal | ||||||
18 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
19 | proper financial oversight of the charter school, an authorizer | ||||||
20 | may require quarterly financial statements from each charter | ||||||
21 | school.
| ||||||
22 | (g) A charter school shall comply with all provisions of | ||||||
23 | this Article; the Illinois Educational Labor Relations Act; all | ||||||
24 | federal and State laws and rules applicable to public schools | ||||||
25 | that pertain to special education and the instruction of | ||||||
26 | English language learners, referred to in this Code as |
| |||||||
| |||||||
1 | "children of limited English-speaking ability"; and
its | ||||||
2 | charter. A charter
school is exempt from all other State laws | ||||||
3 | and regulations in this Code
governing public
schools and local | ||||||
4 | school board policies, except the following:
| ||||||
5 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
6 | criminal
history records checks and checks of the Statewide | ||||||
7 | Sex Offender Database and Statewide Murderer and Violent | ||||||
8 | Offender Against Youth Database of applicants for | ||||||
9 | employment;
| ||||||
10 | (2) Sections 24-24 and 34-84A of this Code regarding | ||||||
11 | discipline of
students;
| ||||||
12 | (3) the Local Governmental and Governmental Employees | ||||||
13 | Tort Immunity Act;
| ||||||
14 | (4) Section 108.75 of the General Not For Profit | ||||||
15 | Corporation Act of 1986
regarding indemnification of | ||||||
16 | officers, directors, employees, and agents;
| ||||||
17 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
18 | (6) the Illinois School Student Records Act;
| ||||||
19 | (7) Section 10-17a of this Code regarding school report | ||||||
20 | cards;
| ||||||
21 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
22 | and | ||||||
23 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
24 | prevention ; . | ||||||
25 | (10) (9) Section 2-3.162 2-3.160 of this the School | ||||||
26 | Code regarding student discipline reporting ; and . |
| |||||||
| |||||||
1 | (11) Section 22-80 of this Code. | ||||||
2 | The change made by Public Act 96-104 to this subsection (g) | ||||||
3 | is declaratory of existing law. | ||||||
4 | (h) A charter school may negotiate and contract with a | ||||||
5 | school district, the
governing body of a State college or | ||||||
6 | university or public community college, or
any other public or | ||||||
7 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
8 | school building and grounds or any other real property or | ||||||
9 | facilities that
the charter school desires to use or convert | ||||||
10 | for use as a charter school site,
(ii) the operation and | ||||||
11 | maintenance thereof, and
(iii) the provision of any service, | ||||||
12 | activity, or undertaking that the charter
school is required to | ||||||
13 | perform in order to carry out the terms of its charter.
| ||||||
14 | However, a charter school
that is established on
or
after the | ||||||
15 | effective date of this amendatory Act of the 93rd General
| ||||||
16 | Assembly and that operates
in a city having a population | ||||||
17 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
18 | manage or operate the school during the period that commences | ||||||
19 | on the
effective date of this amendatory Act of the 93rd | ||||||
20 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
21 | school year.
Except as provided in subsection (i) of this | ||||||
22 | Section, a school district may
charge a charter school | ||||||
23 | reasonable rent for the use of the district's
buildings, | ||||||
24 | grounds, and facilities. Any services for which a charter | ||||||
25 | school
contracts
with a school district shall be provided by | ||||||
26 | the district at cost. Any services
for which a charter school |
| |||||||
| |||||||
1 | contracts with a local school board or with the
governing body | ||||||
2 | of a State college or university or public community college
| ||||||
3 | shall be provided by the public entity at cost.
| ||||||
4 | (i) In no event shall a charter school that is established | ||||||
5 | by converting an
existing school or attendance center to | ||||||
6 | charter school status be required to
pay rent for space
that is | ||||||
7 | deemed available, as negotiated and provided in the charter | ||||||
8 | agreement,
in school district
facilities. However, all other | ||||||
9 | costs for the operation and maintenance of
school district | ||||||
10 | facilities that are used by the charter school shall be subject
| ||||||
11 | to negotiation between
the charter school and the local school | ||||||
12 | board and shall be set forth in the
charter.
| ||||||
13 | (j) A charter school may limit student enrollment by age or | ||||||
14 | grade level.
| ||||||
15 | (k) If the charter school is approved by the Commission, | ||||||
16 | then the Commission charter school is its own local education | ||||||
17 | agency. | ||||||
18 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
19 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | ||||||
20 | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | ||||||
21 | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | ||||||
22 | 10-14-14.)
| ||||||
23 | (105 ILCS 5/10-20.54 rep.) | ||||||
24 | (105 ILCS 5/34-18.46 rep.) | ||||||
25 | Section 10. The School Code is amended by repealing |
| |||||||
| |||||||
1 | Sections 10-20.54 and 34-18.46.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law. |