Public Act 099-0245

SB0007 Enrolled LRB099 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.