SB0150sam001 97TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 3/1/2011

09700SB0150sam001 LRB097 05416 NHT 51683 a

AMENDMENT TO SENATE BILL 150

AMENDMENT NO. ______. Amend Senate Bill 150 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Protecting Our Student Athletes Act.

Section 5. Legislative findings; recognition.

(a) The General Assembly makes the following findings:

(1) A concussion is caused by a blow or motion to the head or body that causes the brain to move inside of the skull.

(2) Concussions are one of the most commonly reported injuries in children and adolescents participating in sports and recreational activities.

(3) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works.

(4) The U.S. Centers for Disease Control and Prevention estimates that nearly 4 million sports and recreational-related concussions occur annually in the United States.

(5) Studies show that continuing to play with a concussion or symptoms of a head injury leaves a young athlete especially vulnerable to greater injury and death.

(6) Studies also show that young, developing brains take longer to heal, requiring that treatment be tailored to specific ages.

(7) The risks of catastrophic injuries or death are significant when a concussion or head injury is not properly evaluated and managed.

(8) Continuing to play with a concussion or symptoms of a head injury leaves the young athlete especially vulnerable to greater injury and even death.

(b) The General Assembly recognizes that, despite having generally recognized standards regarding returning to play from a concussion or head injury, some affected student athletes may prematurely return to play, thus exposing themselves to further risk.

Section 10. Definitions. In this Act:

"Athlete" means a student or youth, male or female, that participates in an athletic program, event, or extracurricular activity operated or sponsored by a school or park district.

"Board" means the school board of a school district or the governing body of a school.

"Department" means the Department of Public Health.

"Park district" has the meaning ascribed to that term under Section 1-3 of the Park District Code.

"School" means any school district or public, private, or nonpublic day or residential educational institution that provides elementary or secondary education for grades 12 and under.

"State Board" means the State Board of Education.

Section 15. Development of policies.

(a) This Section applies to all schools and park districts within this State that operate or sponsor athletic programs or extracurricular activities.

(b) Each board shall adopt a policy regarding student athlete concussions and head injuries that is in compliance with the protocols, policies, and by-laws of the Illinois High School Association. Information on the board's concussion and head injury policy must be a part of any agreement, contract, code, or other written instrument that the school requires a student athlete and his or her parents or guardian to sign before participating in practice or interscholastic competition.

The Illinois High School Association shall make available to the school educational materials, such as visual presentations and other written materials, that describe the nature and risk of concussions and head injuries. The school shall use educational materials provided by the Illinois High School Association to educate coaches, student athletes, and parents and guardians of student athletes about the nature and risk of concussions and head injuries, including continuing to play after a concussion or head injury.

(c) Each park district shall adopt a policy regarding youth athlete concussions and head injuries. Each park district's policy must be consistent with guidelines developed by a working group convened by the Department of Public Health that includes various stakeholders deemed appropriate by the Department.

The policy shall require the removal of any youth athlete that exhibits signs, symptoms, or behaviors consist with a concussion, such as a loss of consciousness, headache, dizziness, confusion, or balance problems, from a practice or game. The policy shall also prevent any youth athlete who has been removed from practice or a game from returning until cleared by an appropriate health care professional.

Information on the park district's concussion and head injury policy must be a part of any agreement, contract, code, or other written instrument that a park district requires a youth athlete and his or her parents or guardian to sign before participating in park district-sanctioned practice or competition.

Each park district shall make available educational materials, such as visual presentations and other written materials, that describe the nature and risk of concussions and head injuries. Each park district shall use the educational materials to educate coaches, youth athletes, and parents and guardians of youth athletes about the nature and risk of concussions and head injuries, including continuing to play after a concussion or head injury.

Section 99. Effective date. This Act takes effect July 1, 2011.".