SB0007 99TH GENERAL ASSEMBLY

LRB099 02651 NHT 22657 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0007

Introduced 1/15/2015, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-80 new
105 ILCS 5/27A-5
105 ILCS 5/10-20.54 rep.
105 ILCS 5/34-18.46 rep.

Amends the School Code. Repeals provisions of the Code concerning concussions and head injuries and student athletes. Sets forth provisions concerning the prevention, treatment, and oversight of concussions affecting student athletes instead. Requires the governing body of each school district and charter school with students enrolled who participate in an interscholastic athletic activity to appoint or approve a concussion oversight team. Requires each concussion oversight team to establish a return-to-play protocol for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Sets forth provisions concerning the members of the concussion oversight team; the provision of concussion information to a student and the student's parent or guardian or another person with legal authority to make medical decisions for the student; the removal of a student from an interscholastic athletics practice or competition if he or she might have sustained a concussion; training courses for coaches, athletic trainers, and certain other health care professionals; the development of a venue-specific emergency action plan; immunity; and rulemaking. Makes technical changes having a revisory function. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Section 22-80 and by changing Section 27A-5 as follows:

(105 ILCS 5/22-80 new)

Sec. 22-80. Prevention, treatment, and oversight of concussions affecting student athletes.

(a) In this Section:

"Advanced practice nurse" means an advanced practice nurse licensed under the Nurse Practice Act.

"Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act.

"Coach" includes an assistant coach.

"Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may:

(1) include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns; and

(2) involve loss of consciousness.

"Licensed health care professional" means an advanced practice nurse, athletic trainer, neuropsychologist, or physician assistant, as those terms are defined by this Section.

"Neuropsychologist" means a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology.

"Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.

(b) This Section applies to an interscholastic athletic activity, including practice and competition, sponsored or sanctioned by:

(1) a school district, including a public school, or charter school; or

(2) the Illinois High School Association.

This Section applies beginning with the 2015-2016 school year.

(c) The governing body of each school district and charter 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, 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 must include at least one physician and, to the greatest extent practicable, considering factors including the population of the metropolitan statistical area in which the school district or charter school is located, district or charter school student enrollment, and the availability of and access to licensed health care professionals in the district or charter school area, must also include one or more of the following:

(1) an athletic trainer;

(2) an advanced practice nurse;

(3) a neuropsychologist; or

(4) a physician assistant.

If a school district or charter school employs an athletic trainer, the athletic trainer must be a member of the district or charter school concussion oversight team.

Each member of the concussion oversight team must have had training in the evaluation, treatment, and oversight of concussions at the time of appointment or approval as a member of the team.

(d) A student may not participate in an interscholastic athletic activity for a school year until both 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.

(e) A student shall 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 licensed health care professional; or

(4) the student's parent or guardian or another person with legal authority to make medical decisions for the student.

(f) 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, 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;

(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 treating 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

(4) 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 protocol necessary for the student to return to play;

(B) have provided the treating physician's written statement under subdivision (3) of this subsection (f) to the person responsible for compliance with the return-to-play protocol under this subsection (f) and the person who has supervisory responsibilities under this subsection (f); 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 protocol;

(ii) understands the risks associated with the student returning to play and will comply with any ongoing requirements in the return-to-play protocol;

(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 written statement under subdivision (3) of this subsection (f) and, if any, the return-to-play recommendations of the treating physician; and

(iv) understands the immunity provisions under subsection (i) of this Section.

A coach of an interscholastic athletics team may not authorize a student's return to play.

The school district superintendent or the superintendent's designee or, in the case of a charter school, the chief school administrator or that person's designee shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.

(g)(1) The Illinois High School Association shall approve for coaches 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 Illinois Board of Athletic Trainers shall approve for athletic trainers training courses in the subject matter of concussions and shall maintain an updated list of individuals and organizations authorized by the Board to provide the training.

(3) The following persons must take a training course in accordance with paragraph (5) of this subsection (g) from an authorized training provider at least once every 2 years:

(A) a coach of an interscholastic athletic activity;

(B) a licensed health care professional who serves as a member of a concussion oversight team and is an employee, representative, or agent of a school district or charter school; and

(C) a licensed health care professional who serves on a volunteer basis as a member of a concussion oversight team for a school district or charter school.

(4) 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.

(5) For purposes of paragraph (3) of this subsection (g):

(A) a coach must take a course described in paragraph (1) of this subsection (g);

(B) an athletic trainer must take:

(i) a course described in paragraph (2) of this subsection (g); or

(ii) a course concerning the subject matter of concussions that has been approved for continuing education credit by the appropriate licensing authority for the profession; and

(C) a licensed health care professional, other than an athletic trainer, must take:

(i) a course described in paragraph (1) or (2) of this subsection (g); or

(ii) a course concerning the subject matter of concussions that has been approved for continuing education credit by the appropriate licensing authority for the profession.

(6) Each person described by paragraph (3) of this subsection (g) must submit proof of timely completion of an approved course in compliance with paragraph (5) of this subsection (g) to the school district superintendent or the superintendent's designee or, in the case of a charter school, the chief school administrator or that person's designee.

(7) A licensed health care professional who is not in compliance with the training requirements under this subsection (g) may not serve on a concussion oversight team in any capacity.

(8) A person required under this subsection (g) to take a training course in the subject of concussions must initially complete the training course not later than September 1, 2016.

(h) The governing body of each school district and charter school with students enrolled who participate in an interscholastic athletic activity shall develop a venue-specific emergency action plan for interscholastic athletic activities to deal with serious injuries and acute medical conditions in which the condition of the patient 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 an athletic trainer;

(3) approved by the school district superintendent or, in the case of a charter school, the chief school administrator;

(4) distributed to all appropriate personnel;

(5) posted conspicuously at all venues; and

(6) reviewed and rehearsed annually by all athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.

(i) This Section does not:

(1) waive any immunity from liability of a school district or charter school or of district or charter school officers or employees;

(2) create any liability for a cause of action against a school district or charter school or against district or charter school officers or employees;

(3) create any cause of action or liability for a member of a concussion oversight team arising from the injury or death of a student participating in an interscholastic athletics practice or competition, based on service or participation on the concussion oversight team.

(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 10. The School Code is amended by repealing Sections 10-20.54 and 34-18.46.

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