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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 1. Short title. This Act may be cited as the Youth | ||||||
5 | Sports Concussion Safety Act. | ||||||
6 | Section 5. Definitions. In this Section: | ||||||
7 | "Coach" means any volunteer or employee of a youth sports | ||||||
8 | league who is responsible for organizing and supervising | ||||||
9 | players and teaching them or training them in the fundamental | ||||||
10 | skills of extracurricular athletic activities provided by the | ||||||
11 | youth sports league. "Coach" refers to both head coaches and | ||||||
12 | assistant coaches. | ||||||
13 | "Concussion" means a complex pathophysiological process | ||||||
14 | affecting the brain caused by a traumatic physical force or | ||||||
15 | impact to the head or body, which may include temporary or | ||||||
16 | prolonged altered brain function resulting in physical, | ||||||
17 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
18 | which may or may not involve a loss of consciousness. | ||||||
19 | "Game official" means a person who officiates at a | ||||||
20 | sponsored youth sports activity, such as a referee or umpire, | ||||||
21 | including, but not limited to, persons enrolled as game | ||||||
22 | officials by the Illinois High School Association, the Illinois | ||||||
23 | Elementary School Association, or a youth sports league. |
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1 | "Player" means an adolescent or child participating in any | ||||||
2 | sponsored youth sports activity of a youth sports league. | ||||||
3 | "Sponsored youth sports activity" means any athletic | ||||||
4 | activity, including practice or competition, for players under | ||||||
5 | the direction of a coach, athletic director, or band leader of | ||||||
6 | a youth sports league, including, but not limited to, baseball, | ||||||
7 | basketball, cheerleading, cross country track, fencing, field | ||||||
8 | hockey, football, golf, gymnastics, ice hockey, lacrosse, | ||||||
9 | marching band, rugby, soccer, skating, softball, swimming and | ||||||
10 | diving, tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
11 | volleyball, water polo, wrestling, and any other sport offered | ||||||
12 | by a youth sports league. A sponsored youth sports activity | ||||||
13 | does not include an interscholastic athletic activity as that | ||||||
14 | term is defined in Section 22-80 of the School Code. | ||||||
15 | "Youth sports league" means any incorporated or | ||||||
16 | unincorporated, for-profit or not-for-profit entity that | ||||||
17 | organizes and provides sponsored youth sports activities, | ||||||
18 | including, but not limited to, any athletic association, | ||||||
19 | organization, or federation in this State that is owned, | ||||||
20 | operated, sanctioned, or sponsored by a unit of local | ||||||
21 | government or that is owned, operated, sanctioned, or sponsored | ||||||
22 | by a private person or entity, as well as any amateur athletic | ||||||
23 | organization or qualified amateur sports organization in this | ||||||
24 | State under the U.S. Internal Revenue Code (26 U.S.C. Sec. | ||||||
25 | 501(c)(3) or Sec. 501(j)).
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1 | Section 10. Scope of Act. This Act applies to any | ||||||
2 | sponsored youth sports activity sponsored or sanctioned by a | ||||||
3 | youth sports league. This Act does not apply to an | ||||||
4 | interscholastic athletic activity as that term is defined in | ||||||
5 | Section 22-80 of the School Code. This Act applies to sponsored | ||||||
6 | youth sports activities beginning or continuing after January | ||||||
7 | 1, 2016. | ||||||
8 | Section 15. Concussion and head injury educational | ||||||
9 | materials. Each youth sports league with players who | ||||||
10 | participate in any youth-sponsored sports activity sponsored | ||||||
11 | or sanctioned by the youth sports league is encouraged to make | ||||||
12 | available, electronically or in writing, to coaches, game | ||||||
13 | officials, and players, as well as the parents, guardians, and | ||||||
14 | other persons with legal authority to make medical decisions, | ||||||
15 | educational materials that describe the nature and risk of | ||||||
16 | concussions and head injuries, including the advisability of | ||||||
17 | removal of players that exhibit signs, symptoms, or behaviors | ||||||
18 | consistent with a concussion, such as a loss of consciousness, | ||||||
19 | a headache, dizziness, confusion, or balance problems, from | ||||||
20 | participating in a youth-sponsored sports activity sponsored | ||||||
21 | or sanctioned by the youth sports league. | ||||||
22 | These educational materials may include materials produced | ||||||
23 | or distributed by the Illinois High School Association, those | ||||||
24 | produced by the U.S. Centers for Disease Control and | ||||||
25 | Prevention, or other comparable materials. The intent of these |
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1 | materials is to assist in educating coaches, game officials, | ||||||
2 | and players and parents, guardians, and other persons with | ||||||
3 | legal authority to make medical decisions for players about the | ||||||
4 | nature and risks of head injuries.
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5 | Section 75. The Park District Code is amended by changing | ||||||
6 | Section 8-24 as follows: | ||||||
7 | (70 ILCS 1205/8-24) | ||||||
8 | Sec. 8-24. Concussion and head injury educational | ||||||
9 | materials. | ||||||
10 | (a) In addition to the other powers and authority now | ||||||
11 | possessed by it, any park district is authorized and encouraged | ||||||
12 | to make available to residents and users of park district | ||||||
13 | facilities, including youth athletic programs, electronically | ||||||
14 | or in written form, educational materials that describe the | ||||||
15 | nature and risk of concussion and head injuries, including the | ||||||
16 | advisability of removal of youth athletes that exhibit signs, | ||||||
17 | symptoms, or behaviors consistent with a concussion, such as a | ||||||
18 | loss of consciousness, headache, dizziness, confusion, or | ||||||
19 | balance problems, from a practice or game. These educational | ||||||
20 | materials may include materials produced or distributed by the | ||||||
21 | Illinois High School Association, those produced by the U.S. | ||||||
22 | Centers for Disease Control and Prevention, or other comparable | ||||||
23 | materials. The intent of these materials is to assist in | ||||||
24 | educating coaches, youth athletes, and parents and guardians of |
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1 | youth athletes about the nature and risks of head injuries.
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2 | (b) Each park district is subject to and shall comply with | ||||||
3 | the requirements of the Youth Sports Concussion Safety Act if | ||||||
4 | the park district is directly responsible for organizing and | ||||||
5 | providing a sponsored youth sports activity as a youth sports | ||||||
6 | league by registering the players and selecting the coaches, as | ||||||
7 | those terms are defined in the Youth Sports Concussion Safety | ||||||
8 | Act. | ||||||
9 | (Source: P.A. 97-204, eff. 7-28-11.) | ||||||
10 | Section 80. The School Code is amended by adding Section | ||||||
11 | 22-80 and by changing Section 27A-5 as follows: | ||||||
12 | (105 ILCS 5/22-80 new) | ||||||
13 | Sec. 22-80. Student athletes; concussions and head | ||||||
14 | injuries. | ||||||
15 | (a) The General Assembly recognizes all of the following: | ||||||
16 | (1) Concussions are one of the most commonly reported | ||||||
17 | injuries in children and adolescents who participate in | ||||||
18 | sports and recreational activities. The Centers for | ||||||
19 | Disease Control and Prevention estimates that as many as | ||||||
20 | 3,900,000 sports-related and recreation-related | ||||||
21 | concussions occur in the United States each year. A | ||||||
22 | concussion is caused by a blow or motion to the head or | ||||||
23 | body that causes the brain to move rapidly inside the | ||||||
24 | skull. The risk of catastrophic injuries or death are |
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1 | significant when a concussion or head injury is not | ||||||
2 | properly evaluated and managed. | ||||||
3 | (2) Concussions are a type of brain injury that can | ||||||
4 | range from mild to severe and can disrupt the way the brain | ||||||
5 | normally works. Concussions can occur in any organized or | ||||||
6 | unorganized sport or recreational activity and can result | ||||||
7 | from a fall or from players colliding with each other, the | ||||||
8 | ground, or with obstacles. Concussions occur with or | ||||||
9 | without loss of consciousness, but the vast majority of | ||||||
10 | concussions occur without loss of consciousness. | ||||||
11 | (3) Continuing to play with a concussion or symptoms of | ||||||
12 | a head injury leaves a young athlete especially vulnerable | ||||||
13 | to greater injury and even death. The General Assembly | ||||||
14 | recognizes that, despite having generally recognized | ||||||
15 | return-to-play standards for concussions and head | ||||||
16 | injuries, some affected youth athletes are prematurely | ||||||
17 | returned to play, resulting in actual or potential physical | ||||||
18 | injury or death to youth athletes in this State. | ||||||
19 | (4) Student athletes who have sustained a concussion | ||||||
20 | may need informal or formal accommodations, modifications | ||||||
21 | of curriculum, and monitoring by medical or academic staff | ||||||
22 | until the student is fully recovered. To that end, all | ||||||
23 | schools are encouraged to establish a return-to-learn | ||||||
24 | protocol that is based on peer-reviewed scientific | ||||||
25 | evidence consistent with Centers for Disease Control and | ||||||
26 | Prevention guidelines and conduct baseline testing for |
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1 | student athletes. | ||||||
2 | (b) In this Section: | ||||||
3 | "Athletic trainer" means an athletic trainer licensed | ||||||
4 | under the Illinois Athletic Trainers Practice Act. | ||||||
5 | "Coach" means any volunteer or employee of a school who is | ||||||
6 | responsible for organizing and supervising students to teach | ||||||
7 | them or train them in the fundamental skills of an | ||||||
8 | interscholastic athletic activity. "Coach" refers to both head | ||||||
9 | coaches and assistant coaches. | ||||||
10 | "Concussion" means a complex pathophysiological process | ||||||
11 | affecting the brain caused by a traumatic physical force or | ||||||
12 | impact to the head or body, which may include temporary or | ||||||
13 | prolonged altered brain function resulting in physical, | ||||||
14 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
15 | which may or may not involve a loss of consciousness. | ||||||
16 | "Department" means the Department of Financial and | ||||||
17 | Professional Regulation. | ||||||
18 | "Game official" means a person who officiates at an | ||||||
19 | interscholastic athletic activity, such as a referee or umpire, | ||||||
20 | including, but not limited to, persons enrolled as game | ||||||
21 | officials by the Illinois High School Association or Illinois | ||||||
22 | Elementary School Association. | ||||||
23 | "Interscholastic athletic activity" means any organized | ||||||
24 | school-sponsored or school-sanctioned activity for students, | ||||||
25 | generally outside of school instructional hours, under the | ||||||
26 | direction of a coach, athletic director, or band leader, |
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1 | including, but not limited to, baseball, basketball, | ||||||
2 | cheerleading, cross country track, fencing, field hockey, | ||||||
3 | football, golf, gymnastics, ice hockey, lacrosse, marching | ||||||
4 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
5 | tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
6 | volleyball, water polo, and wrestling. All interscholastic | ||||||
7 | athletics are deemed to be interscholastic activities. | ||||||
8 | "Licensed healthcare professional" means a person who has | ||||||
9 | experience with concussion management and who is a nurse, a | ||||||
10 | psychologist who holds a license under the Clinical | ||||||
11 | Psychologist Licensing Act and specializes in the practice of | ||||||
12 | neuropsychology, a physical therapist licensed under the | ||||||
13 | Illinois Physical Therapy Act, an occupational therapist | ||||||
14 | licensed under the Illinois Occupational Therapy Practice Act. | ||||||
15 | "Nurse" means a person who is employed by or volunteers at | ||||||
16 | a school and is licensed under the Nurse Practice Act as a | ||||||
17 | registered nurse, practical nurse, or advanced practice nurse. | ||||||
18 | "Physician" means a physician licensed to practice | ||||||
19 | medicine in all of its branches under the Medical Practice Act | ||||||
20 | of 1987. | ||||||
21 | "School" means any public or private elementary or | ||||||
22 | secondary school, including a charter school. | ||||||
23 | "Student" means an adolescent or child enrolled in a | ||||||
24 | school. | ||||||
25 | (c) This Section applies to any interscholastic athletic | ||||||
26 | activity, including practice and competition, sponsored or |
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1 | sanctioned by a school, the Illinois Elementary School | ||||||
2 | Association, or the Illinois High School Association. This | ||||||
3 | Section applies beginning with the 2015-2016 school year. | ||||||
4 | (d) The governing body of each public or charter school and | ||||||
5 | the appropriate administrative officer of a private school with | ||||||
6 | students enrolled who participate in an interscholastic | ||||||
7 | athletic activity shall appoint or approve a concussion | ||||||
8 | oversight team. Each concussion oversight team shall establish | ||||||
9 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
10 | evidence consistent with Centers for Disease Control and | ||||||
11 | Prevention guidelines, for a student's return to | ||||||
12 | interscholastic athletics practice or competition following a | ||||||
13 | force or impact believed to have caused a concussion. Each | ||||||
14 | concussion oversight team shall also establish a | ||||||
15 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
16 | evidence consistent with Centers for Disease Control and | ||||||
17 | Prevention guidelines, for a student's return to the classroom | ||||||
18 | after that student is believed to have experienced a | ||||||
19 | concussion, whether or not the concussion took place while the | ||||||
20 | student was participating in an interscholastic athletic | ||||||
21 | activity. | ||||||
22 | Each concussion oversight team must include to the extent | ||||||
23 | practicable at least one physician. If a school employs an | ||||||
24 | athletic trainer, the athletic trainer must be a member of the | ||||||
25 | school concussion oversight team to the extent practicable. If | ||||||
26 | a school employs a nurse, the nurse must be a member of the |
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1 | school concussion oversight team to the extent practicable. At | ||||||
2 | a minimum, a school shall appoint a person who is responsible | ||||||
3 | for implementing and complying with the return-to-play and | ||||||
4 | return-to-learn protocals adopted by the concussion oversight | ||||||
5 | team. A school may appoint other licensed healthcare | ||||||
6 | professionals to serve on the concussion oversight team. | ||||||
7 | (e) A student may not participate in an interscholastic | ||||||
8 | athletic activity for a school year until the student and the | ||||||
9 | student's parent or guardian or another person with legal | ||||||
10 | authority to make medical decisions for the student have signed | ||||||
11 | a form for that school year that acknowledges receiving and | ||||||
12 | reading written information that explains concussion | ||||||
13 | prevention, symptoms, treatment, and oversight and that | ||||||
14 | includes guidelines for safely resuming participation in an | ||||||
15 | athletic activity following a concussion. The form must be | ||||||
16 | approved by the Illinois High School Association. | ||||||
17 | (f) A student must be removed from an interscholastic | ||||||
18 | athletics practice or competition immediately if one of the | ||||||
19 | following persons believes the student might have sustained a | ||||||
20 | concussion during the practice or competition: | ||||||
21 | (1) a coach; | ||||||
22 | (2) a physician; | ||||||
23 | (3) a game official; | ||||||
24 | (4) an athletic trainer; | ||||||
25 | (5) the student's parent or guardian or another person | ||||||
26 | with legal authority to make medical decisions for the |
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1 | student; | ||||||
2 | (6) the student; or | ||||||
3 | (7) any other person deemed appropriate under the | ||||||
4 | school's return-to-play protocol. | ||||||
5 | (g) A student removed from an interscholastic athletics | ||||||
6 | practice or competition under this Section may not be permitted | ||||||
7 | to practice or compete again following the force or impact | ||||||
8 | believed to have caused the concussion until: | ||||||
9 | (1) the student has been evaluated, using established | ||||||
10 | medical protocols based on peer-reviewed scientific | ||||||
11 | evidence consistent with Centers for Disease Control and | ||||||
12 | Prevention guidelines, by a treating physician (chosen by | ||||||
13 | the student or the student's parent or guardian or another | ||||||
14 | person with legal authority to make medical decisions for | ||||||
15 | the student) or an athletic trainer working under the | ||||||
16 | supervision of a physician; | ||||||
17 | (2) the student has successfully completed each | ||||||
18 | requirement of the return-to-play protocol established | ||||||
19 | under this Section necessary for the student to return to | ||||||
20 | play; | ||||||
21 | (3) the student has successfully completed each | ||||||
22 | requirement of the return-to-learn protocol established | ||||||
23 | under this Section necessary for the student to return to | ||||||
24 | learn; | ||||||
25 | (4) the treating physician or athletic trainer working | ||||||
26 | under the supervision of a physician has provided a written |
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1 | statement indicating that, in the physician's professional | ||||||
2 | judgment, it is safe for the student to return to play and | ||||||
3 | return to learn; and | ||||||
4 | (5) 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 and | ||||||
9 | return-to-learn protocols necessary for the student to | ||||||
10 | return to play; | ||||||
11 | (B) have provided the treating physician's or | ||||||
12 | athletic trainer's written statement under subdivision | ||||||
13 | (4) of this subsection (g) to the person responsible | ||||||
14 | for compliance with the return-to-play and | ||||||
15 | return-to-learn protocols under this subsection (g) | ||||||
16 | and the person who has supervisory responsibilities | ||||||
17 | under this subsection (g); and | ||||||
18 | (C) have signed a consent form indicating that the | ||||||
19 | person signing: | ||||||
20 | (i) has been informed concerning and consents | ||||||
21 | to the student participating in returning to play | ||||||
22 | in accordance with the return-to-play and | ||||||
23 | return-to-learn protocols; | ||||||
24 | (ii) understands the risks associated with the | ||||||
25 | student returning to play and returning to learn | ||||||
26 | and will comply with any ongoing requirements in |
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1 | the return-to-play and return-to-learn protocols; | ||||||
2 | and | ||||||
3 | (iii) consents to the disclosure to | ||||||
4 | appropriate persons, consistent with the federal | ||||||
5 | Health Insurance Portability and Accountability | ||||||
6 | Act of 1996 (Public Law 104-191), of the treating | ||||||
7 | physician's or athletic trainer's written | ||||||
8 | statement under subdivision (4) of this subsection | ||||||
9 | (g) and, if any, the return-to-play and | ||||||
10 | return-to-learn recommendations of the treating | ||||||
11 | physician or the athletic trainer, as the case may | ||||||
12 | be. | ||||||
13 | A coach of an interscholastic athletics team may not | ||||||
14 | authorize a student's return to play or return to learn. | ||||||
15 | The district superintendent or the superintendent's | ||||||
16 | designee in the case of a public elementary or secondary | ||||||
17 | school, the chief school administrator or that person's | ||||||
18 | designee in the case of a charter school, or the appropriate | ||||||
19 | administrative officer or that person's designee in the case of | ||||||
20 | a private school shall supervise an athletic trainer or other | ||||||
21 | person responsible for compliance with the return-to-play | ||||||
22 | protocol and shall supervise the person responsible for | ||||||
23 | compliance with the return-to-learn protocol. The person who | ||||||
24 | has supervisory responsibilities under this paragraph may not | ||||||
25 | be a coach of an interscholastic athletics team. | ||||||
26 | (h)(1) The Illinois High School Association shall approve, |
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1 | for coaches and game officials of interscholastic athletic | ||||||
2 | activities, training courses that provide for not less than 2 | ||||||
3 | hours of training in the subject matter of concussions, | ||||||
4 | including evaluation, prevention, symptoms, risks, and | ||||||
5 | long-term effects. The Association shall maintain an updated | ||||||
6 | list of individuals and organizations authorized by the | ||||||
7 | Association to provide the training. | ||||||
8 | (2) The following persons must take a training course in | ||||||
9 | accordance with paragraph (4) of this subsection (h) from an | ||||||
10 | authorized training provider at least once every 2 years: | ||||||
11 | (A) a coach of an interscholastic athletic activity; | ||||||
12 | (B) a nurse who serves as a member of a concussion | ||||||
13 | oversight team and is an employee, representative, or agent | ||||||
14 | of a school; | ||||||
15 | (C) a game official of an interscholastic athletic | ||||||
16 | activity; and | ||||||
17 | (D) a nurse who serves on a volunteer basis as a member | ||||||
18 | of a concussion oversight team for a school. | ||||||
19 | (3) A physician who serves as a member of a concussion | ||||||
20 | oversight team shall, to the greatest extent practicable, | ||||||
21 | periodically take an appropriate continuing medical education | ||||||
22 | course in the subject matter of concussions. | ||||||
23 | (4) For purposes of paragraph (2) of this subsection (h): | ||||||
24 | (A) a coach or game officials, as the case may be, must | ||||||
25 | take a course described in paragraph (1) of this subsection | ||||||
26 | (h). |
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1 | (B) an athletic trainer must take a concussion-related | ||||||
2 | continuing education course from an athletic trainer | ||||||
3 | continuing education sponsor approved by the Department; | ||||||
4 | and | ||||||
5 | (C) a nurse must take a course concerning the subject | ||||||
6 | matter of concussions that has been approved for continuing | ||||||
7 | education credit by the Department. | ||||||
8 | (5) Each person described in paragraph (2) of this | ||||||
9 | subsection (h) must submit proof of timely completion of an | ||||||
10 | approved course in compliance with paragraph (4) of this | ||||||
11 | subsection (h) to the district superintendent or the | ||||||
12 | superintendent's designee in the case of a public elementary or | ||||||
13 | secondary school, the chief school administrator or that | ||||||
14 | person's designee in the case of a charter school, or the | ||||||
15 | appropriate administrative officer or that person's designee | ||||||
16 | in the case of a private school. | ||||||
17 | (6) A physician, athletic trainer, or nurse who is not in | ||||||
18 | compliance with the training requirements under this | ||||||
19 | subsection (h) may not serve on a concussion oversight team in | ||||||
20 | any capacity. | ||||||
21 | (7) A person required under this subsection (h) to take a | ||||||
22 | training course in the subject of concussions must initially | ||||||
23 | complete the training not later than September 1, 2016. | ||||||
24 | (i) The governing body of each public or charter school and | ||||||
25 | the appropriate administrative officer of a private school with | ||||||
26 | students enrolled who participate in an interscholastic |
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1 | athletic activity shall develop a school-specific emergency | ||||||
2 | action plan for interscholastic athletic activities to address | ||||||
3 | the serious injuries and acute medical conditions in which the | ||||||
4 | condition of the student may deteriorate rapidly. The plan | ||||||
5 | shall include a delineation of roles, methods of communication, | ||||||
6 | available emergency equipment, and access to and a plan for | ||||||
7 | emergency transport. This emergency action plan must be: | ||||||
8 | (1) in writing; | ||||||
9 | (2) reviewed by the concussion oversight team; | ||||||
10 | (3) approved by the district superintendent or the | ||||||
11 | superintendent's designee in the case of a public | ||||||
12 | elementary or secondary school, the chief school | ||||||
13 | administrator or that person's designee in the case of a | ||||||
14 | charter school, or the appropriate administrative officer | ||||||
15 | or that person's designee in the case of a private school; | ||||||
16 | (4) distributed to all appropriate personnel; | ||||||
17 | (5) posted conspicuously at all venues utilized by the | ||||||
18 | school; and | ||||||
19 | (6) reviewed annually by all athletic trainers, first | ||||||
20 | responders, coaches, school nurses, athletic directors, | ||||||
21 | and volunteers for interscholastic athletic activities. | ||||||
22 | (j) The State Board of Education may adopt rules as | ||||||
23 | necessary to administer this Section.
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24 | (105 ILCS 5/27A-5)
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25 | Sec. 27A-5. Charter school; legal entity; requirements.
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1 | (a) A charter school shall be a public, nonsectarian, | ||||||
2 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
3 | school shall be organized and operated
as a nonprofit | ||||||
4 | corporation or other discrete, legal, nonprofit entity
| ||||||
5 | authorized under the laws of the State of Illinois.
| ||||||
6 | (b) A charter school may be established under this Article | ||||||
7 | by creating a new
school or by converting an existing public | ||||||
8 | school or attendance center to
charter
school status.
Beginning | ||||||
9 | on the effective date of this amendatory Act of the 93rd | ||||||
10 | General
Assembly, in all new
applications to establish
a | ||||||
11 | charter
school in a city having a population exceeding 500,000, | ||||||
12 | operation of the
charter
school shall be limited to one campus. | ||||||
13 | The changes made to this Section by this
amendatory Act
of the | ||||||
14 | 93rd General
Assembly do not apply to charter schools existing | ||||||
15 | or approved on or before the
effective date of this
amendatory | ||||||
16 | Act. | ||||||
17 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
18 | a cyber school where students engage in online curriculum and | ||||||
19 | instruction via the Internet and electronic communication with | ||||||
20 | their teachers at remote locations and with students | ||||||
21 | participating at different times. | ||||||
22 | From April 1, 2013 through December 31, 2016, there is a | ||||||
23 | moratorium on the establishment of charter schools with | ||||||
24 | virtual-schooling components in school districts other than a | ||||||
25 | school district organized under Article 34 of this Code. This | ||||||
26 | moratorium does not apply to a charter school with |
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1 | virtual-schooling components existing or approved prior to | ||||||
2 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
3 | school with virtual-schooling components already approved | ||||||
4 | prior to April 1, 2013. | ||||||
5 | On or before March 1, 2014, the Commission shall submit to | ||||||
6 | the General Assembly a report on the effect of | ||||||
7 | virtual-schooling, including without limitation the effect on | ||||||
8 | student performance, the costs associated with | ||||||
9 | virtual-schooling, and issues with oversight. The report shall | ||||||
10 | include policy recommendations for virtual-schooling.
| ||||||
11 | (c) A charter school shall be administered and governed by | ||||||
12 | its board of
directors or other governing body
in the manner | ||||||
13 | provided in its charter. The governing body of a charter school
| ||||||
14 | shall be subject to the Freedom of Information Act and the Open | ||||||
15 | Meetings Act.
| ||||||
16 | (d) A charter school shall comply with all applicable | ||||||
17 | health and safety
requirements applicable to public schools | ||||||
18 | under the laws of the State of
Illinois.
| ||||||
19 | (e) Except as otherwise provided in the School Code, a | ||||||
20 | charter school shall
not charge tuition; provided that a | ||||||
21 | charter school may charge reasonable fees
for textbooks, | ||||||
22 | instructional materials, and student activities.
| ||||||
23 | (f) A charter school shall be responsible for the | ||||||
24 | management and operation
of its fiscal affairs including,
but | ||||||
25 | not limited to, the preparation of its budget. An audit of each | ||||||
26 | charter
school's finances shall be conducted annually by an |
| |||||||
| |||||||
1 | outside, independent
contractor retained by the charter | ||||||
2 | school. To ensure financial accountability for the use of | ||||||
3 | public funds, on or before December 1 of every year of | ||||||
4 | operation, each charter school shall submit to its authorizer | ||||||
5 | and the State Board a copy of its audit and a copy of the Form | ||||||
6 | 990 the charter school filed that year with the federal | ||||||
7 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
8 | proper financial oversight of the charter school, an authorizer | ||||||
9 | may require quarterly financial statements from each charter | ||||||
10 | school.
| ||||||
11 | (g) A charter school shall comply with all provisions of | ||||||
12 | this Article; the Illinois Educational Labor Relations Act; all | ||||||
13 | federal and State laws and rules applicable to public schools | ||||||
14 | that pertain to special education and the instruction of | ||||||
15 | English language learners, referred to in this Code as | ||||||
16 | "children of limited English-speaking ability"; and
its | ||||||
17 | charter. A charter
school is exempt from all other State laws | ||||||
18 | and regulations in this Code
governing public
schools and local | ||||||
19 | school board policies, except the following:
| ||||||
20 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
21 | criminal
history records checks and checks of the Statewide | ||||||
22 | Sex Offender Database and Statewide Murderer and Violent | ||||||
23 | Offender Against Youth Database of applicants for | ||||||
24 | employment;
| ||||||
25 | (2) Sections 24-24 and 34-84A of this Code regarding | ||||||
26 | discipline of
students;
|
| |||||||
| |||||||
1 | (3) the Local Governmental and Governmental Employees | ||||||
2 | Tort Immunity Act;
| ||||||
3 | (4) Section 108.75 of the General Not For Profit | ||||||
4 | Corporation Act of 1986
regarding indemnification of | ||||||
5 | officers, directors, employees, and agents;
| ||||||
6 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
7 | (6) the Illinois School Student Records Act;
| ||||||
8 | (7) Section 10-17a of this Code regarding school report | ||||||
9 | cards;
| ||||||
10 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
11 | and | ||||||
12 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
13 | prevention ; . | ||||||
14 | (10) (9) Section 2-3.162 2-3.160 of this the School | ||||||
15 | Code regarding student discipline reporting ; and . | ||||||
16 | (11) Section 22-80 of this Code. | ||||||
17 | The change made by Public Act 96-104 to this subsection (g) | ||||||
18 | is declaratory of existing law. | ||||||
19 | (h) A charter school may negotiate and contract with a | ||||||
20 | school district, the
governing body of a State college or | ||||||
21 | university or public community college, or
any other public or | ||||||
22 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
23 | school building and grounds or any other real property or | ||||||
24 | facilities that
the charter school desires to use or convert | ||||||
25 | for use as a charter school site,
(ii) the operation and | ||||||
26 | maintenance thereof, and
(iii) the provision of any service, |
| |||||||
| |||||||
1 | activity, or undertaking that the charter
school is required to | ||||||
2 | perform in order to carry out the terms of its charter.
| ||||||
3 | However, a charter school
that is established on
or
after the | ||||||
4 | effective date of this amendatory Act of the 93rd General
| ||||||
5 | Assembly and that operates
in a city having a population | ||||||
6 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
7 | manage or operate the school during the period that commences | ||||||
8 | on the
effective date of this amendatory Act of the 93rd | ||||||
9 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
10 | school year.
Except as provided in subsection (i) of this | ||||||
11 | Section, a school district may
charge a charter school | ||||||
12 | reasonable rent for the use of the district's
buildings, | ||||||
13 | grounds, and facilities. Any services for which a charter | ||||||
14 | school
contracts
with a school district shall be provided by | ||||||
15 | the district at cost. Any services
for which a charter school | ||||||
16 | contracts with a local school board or with the
governing body | ||||||
17 | of a State college or university or public community college
| ||||||
18 | shall be provided by the public entity at cost.
| ||||||
19 | (i) In no event shall a charter school that is established | ||||||
20 | by converting an
existing school or attendance center to | ||||||
21 | charter school status be required to
pay rent for space
that is | ||||||
22 | deemed available, as negotiated and provided in the charter | ||||||
23 | agreement,
in school district
facilities. However, all other | ||||||
24 | costs for the operation and maintenance of
school district | ||||||
25 | facilities that are used by the charter school shall be subject
| ||||||
26 | to negotiation between
the charter school and the local school |
| |||||||
| |||||||
1 | board and shall be set forth in the
charter.
| ||||||
2 | (j) A charter school may limit student enrollment by age or | ||||||
3 | grade level.
| ||||||
4 | (k) If the charter school is approved by the Commission, | ||||||
5 | then the Commission charter school is its own local education | ||||||
6 | agency. | ||||||
7 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
8 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | ||||||
9 | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | ||||||
10 | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | ||||||
11 | 10-14-14.)
| ||||||
12 | (105 ILCS 5/10-20.54 rep.) | ||||||
13 | (105 ILCS 5/34-18.46 rep.) | ||||||
14 | Section 85. The School Code is amended by repealing | ||||||
15 | Sections 10-20.54 and 34-18.46.
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law. |