State of Illinois
2015 and 2016


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


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.

LRB099 02651 NHT 22657 b






SB0007LRB099 02651 NHT 22657 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by adding Section
522-80 and by changing Section 27A-5 as follows:
6    (105 ILCS 5/22-80 new)
7    Sec. 22-80. Prevention, treatment, and oversight of
8concussions affecting student athletes.
9    (a) In this Section:
10    "Advanced practice nurse" means an advanced practice nurse
11licensed under the Nurse Practice Act.
12    "Athletic trainer" means an athletic trainer licensed
13under the Illinois Athletic Trainers Practice Act.
14    "Coach" includes an assistant coach.
15    "Concussion" means a complex pathophysiological process
16affecting the brain caused by a traumatic physical force or
17impact to the head or body, which may:
18        (1) include temporary or prolonged altered brain
19    function resulting in physical, cognitive, or emotional
20    symptoms or altered sleep patterns; and
21        (2) involve loss of consciousness.
22    "Licensed health care professional" means an advanced
23practice nurse, athletic trainer, neuropsychologist, or



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1physician assistant, as those terms are defined by this
3    "Neuropsychologist" means a psychologist who holds a
4license under the Clinical Psychologist Licensing Act and
5specializes in the practice of neuropsychology.
6    "Physician" means a physician licensed to practice
7medicine in all of its branches under the Medical Practice Act
8of 1987.
9    "Physician assistant" means a physician assistant licensed
10under the Physician Assistant Practice Act of 1987.
11    (b) This Section applies to an interscholastic athletic
12activity, including practice and competition, sponsored or
13sanctioned by:
14        (1) a school district, including a public school, or
15    charter school; or
16        (2) the Illinois High School Association.
17    This Section applies beginning with the 2015-2016 school
19    (c) The governing body of each school district and charter
20school with students enrolled who participate in an
21interscholastic athletic activity shall appoint or approve a
22concussion oversight team. Each concussion oversight team
23shall establish a return-to-play protocol, based on
24peer-reviewed scientific evidence, for a student's return to
25interscholastic athletics practice or competition following a
26force or impact believed to have caused a concussion.



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1    Each concussion oversight team must include at least one
2physician and, to the greatest extent practicable, considering
3factors including the population of the metropolitan
4statistical area in which the school district or charter school
5is located, district or charter school student enrollment, and
6the availability of and access to licensed health care
7professionals in the district or charter school area, must also
8include one or more of the following:
9        (1) an athletic trainer;
10        (2) an advanced practice nurse;
11        (3) a neuropsychologist; or
12        (4) a physician assistant.
13    If a school district or charter school employs an athletic
14trainer, the athletic trainer must be a member of the district
15or charter school concussion oversight team.
16    Each member of the concussion oversight team must have had
17training in the evaluation, treatment, and oversight of
18concussions at the time of appointment or approval as a member
19of the team.
20    (d) A student may not participate in an interscholastic
21athletic activity for a school year until both the student and
22the student's parent or guardian or another person with legal
23authority to make medical decisions for the student have signed
24a form for that school year that acknowledges receiving and
25reading written information that explains concussion
26prevention, symptoms, treatment, and oversight and that



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1includes guidelines for safely resuming participation in an
2athletic activity following a concussion. The form must be
3approved by the Illinois High School Association.
4    (e) A student shall be removed from an interscholastic
5athletics practice or competition immediately if one of the
6following persons believes the student might have sustained a
7concussion during the practice or competition:
8        (1) a coach;
9        (2) a physician;
10        (3) a licensed health care professional; or
11        (4) the student's parent or guardian or another person
12    with legal authority to make medical decisions for the
13    student.
14    (f) A student removed from an interscholastic athletics
15practice or competition under this Section may not be permitted
16to practice or compete again following the force or impact
17believed to have caused the concussion until:
18        (1) the student has been evaluated, using established
19    medical protocols based on peer-reviewed scientific
20    evidence, by a treating physician chosen by the student or
21    the student's parent or guardian or another person with
22    legal authority to make medical decisions for the student;
23        (2) the student has successfully completed each
24    requirement of the return-to-play protocol established
25    under this Section necessary for the student to return to
26    play;



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1        (3) the treating physician has provided a written
2    statement indicating that, in the physician's professional
3    judgment, it is safe for the student to return to play; and
4        (4) the student and the student's parent or guardian or
5    another person with legal authority to make medical
6    decisions for the student:
7            (A) have acknowledged that the student has
8        completed the requirements of the return-to-play
9        protocol necessary for the student to return to play;
10            (B) have provided the treating physician's written
11        statement under subdivision (3) of this subsection (f)
12        to the person responsible for compliance with the
13        return-to-play protocol under this subsection (f) and
14        the person who has supervisory responsibilities under
15        this subsection (f); and
16            (C) have signed a consent form indicating that the
17        person signing:
18                (i) has been informed concerning and consents
19            to the student participating in returning to play
20            in accordance with the return-to-play protocol;
21                (ii) understands the risks associated with the
22            student returning to play and will comply with any
23            ongoing requirements in the return-to-play
24            protocol;
25                (iii) consents to the disclosure to
26            appropriate persons, consistent with the federal



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1            Health Insurance Portability and Accountability
2            Act of 1996 (Public Law 104-191), of the treating
3            physician's written statement under subdivision
4            (3) of this subsection (f) and, if any, the
5            return-to-play recommendations of the treating
6            physician; and
7                (iv) understands the immunity provisions under
8            subsection (i) of this Section.
9    A coach of an interscholastic athletics team may not
10authorize a student's return to play.
11    The school district superintendent or the superintendent's
12designee or, in the case of a charter school, the chief school
13administrator or that person's designee shall supervise an
14athletic trainer or other person responsible for compliance
15with the return-to-play protocol. The person who has
16supervisory responsibilities under this paragraph may not be a
17coach of an interscholastic athletics team.
18    (g)(1) The Illinois High School Association shall approve
19for coaches of interscholastic athletic activities training
20courses that provide for not less than 2 hours of training in
21the subject matter of concussions, including evaluation,
22prevention, symptoms, risks, and long-term effects. The
23Association shall maintain an updated list of individuals and
24organizations authorized by the Association to provide the
26    (2) The Illinois Board of Athletic Trainers shall approve



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1for athletic trainers training courses in the subject matter of
2concussions and shall maintain an updated list of individuals
3and organizations authorized by the Board to provide the
5    (3) The following persons must take a training course in
6accordance with paragraph (5) of this subsection (g) from an
7authorized training provider at least once every 2 years:
8        (A) a coach of an interscholastic athletic activity;
9        (B) a licensed health care professional who serves as a
10    member of a concussion oversight team and is an employee,
11    representative, or agent of a school district or charter
12    school; and
13        (C) a licensed health care professional who serves on a
14    volunteer basis as a member of a concussion oversight team
15    for a school district or charter school.
16    (4) A physician who serves as a member of a concussion
17oversight team shall, to the greatest extent practicable,
18periodically take an appropriate continuing medical education
19course in the subject matter of concussions.
20    (5) For purposes of paragraph (3) of this subsection (g):
21        (A) a coach must take a course described in paragraph
22    (1) of this subsection (g);
23        (B) an athletic trainer must take:
24            (i) a course described in paragraph (2) of this
25        subsection (g); or
26            (ii) a course concerning the subject matter of



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1        concussions that has been approved for continuing
2        education credit by the appropriate licensing
3        authority for the profession; and
4        (C) a licensed health care professional, other than an
5    athletic trainer, must take:
6            (i) a course described in paragraph (1) or (2) of
7        this subsection (g); or
8            (ii) a course concerning the subject matter of
9        concussions that has been approved for continuing
10        education credit by the appropriate licensing
11        authority for the profession.
12    (6) Each person described by paragraph (3) of this
13subsection (g) must submit proof of timely completion of an
14approved course in compliance with paragraph (5) of this
15subsection (g) to the school district superintendent or the
16superintendent's designee or, in the case of a charter school,
17the chief school administrator or that person's designee.
18    (7) A licensed health care professional who is not in
19compliance with the training requirements under this
20subsection (g) may not serve on a concussion oversight team in
21any capacity.
22    (8) A person required under this subsection (g) to take a
23training course in the subject of concussions must initially
24complete the training course not later than September 1, 2016.
25    (h) The governing body of each school district and charter
26school with students enrolled who participate in an



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1interscholastic athletic activity shall develop a
2venue-specific emergency action plan for interscholastic
3athletic activities to deal with serious injuries and acute
4medical conditions in which the condition of the patient may
5deteriorate rapidly. The plan shall include a delineation of
6roles, methods of communication, available emergency
7equipment, and access to and a plan for emergency transport.
8This emergency action plan must be:
9        (1) in writing;
10        (2) reviewed by an athletic trainer;
11        (3) approved by the school district superintendent or,
12    in the case of a charter school, the chief school
13    administrator;
14        (4) distributed to all appropriate personnel;
15        (5) posted conspicuously at all venues; and
16        (6) reviewed and rehearsed annually by all athletic
17    trainers, first responders, coaches, school nurses,
18    athletic directors, and volunteers for interscholastic
19    athletic activities.
20    (i) This Section does not:
21        (1) waive any immunity from liability of a school
22    district or charter school or of district or charter school
23    officers or employees;
24        (2) create any liability for a cause of action against
25    a school district or charter school or against district or
26    charter school officers or employees;



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1        (3) create any cause of action or liability for a
2    member of a concussion oversight team arising from the
3    injury or death of a student participating in an
4    interscholastic athletics practice or competition, based
5    on service or participation on the concussion oversight
6    team.
7    (j) The State Board of Education may adopt rules as
8necessary to administer this Section.
9    (105 ILCS 5/27A-5)
10    Sec. 27A-5. Charter school; legal entity; requirements.
11    (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16    (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status. Beginning
19on the effective date of this amendatory Act of the 93rd
20General Assembly, in all new applications to establish a
21charter school in a city having a population exceeding 500,000,
22operation of the charter school shall be limited to one campus.
23The changes made to this Section by this amendatory Act of the
2493rd General Assembly do not apply to charter schools existing
25or approved on or before the effective date of this amendatory



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2    (b-5) In this subsection (b-5), "virtual-schooling" means
3a cyber school where students engage in online curriculum and
4instruction via the Internet and electronic communication with
5their teachers at remote locations and with students
6participating at different times.
7    From April 1, 2013 through December 31, 2016, there is a
8moratorium on the establishment of charter schools with
9virtual-schooling components in school districts other than a
10school district organized under Article 34 of this Code. This
11moratorium does not apply to a charter school with
12virtual-schooling components existing or approved prior to
13April 1, 2013 or to the renewal of the charter of a charter
14school with virtual-schooling components already approved
15prior to April 1, 2013.
16    On or before March 1, 2014, the Commission shall submit to
17the General Assembly a report on the effect of
18virtual-schooling, including without limitation the effect on
19student performance, the costs associated with
20virtual-schooling, and issues with oversight. The report shall
21include policy recommendations for virtual-schooling.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter school
25shall be subject to the Freedom of Information Act and the Open
26Meetings Act.



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1    (d) A charter school shall comply with all applicable
2health and safety requirements applicable to public schools
3under the laws of the State of Illinois.
4    (e) Except as otherwise provided in the School Code, a
5charter school shall not charge tuition; provided that a
6charter school may charge reasonable fees for textbooks,
7instructional materials, and student activities.
8    (f) A charter school shall be responsible for the
9management and operation of its fiscal affairs including, but
10not limited to, the preparation of its budget. An audit of each
11charter school's finances shall be conducted annually by an
12outside, independent contractor retained by the charter
13school. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an authorizer
20may require quarterly financial statements from each charter
22    (g) A charter school shall comply with all provisions of
23this Article; the Illinois Educational Labor Relations Act; all
24federal and State laws and rules applicable to public schools
25that pertain to special education and the instruction of
26English language learners, referred to in this Code as



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1"children of limited English-speaking ability"; and its
2charter. A charter school is exempt from all other State laws
3and regulations in this Code governing public schools and local
4school board policies, except the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
6    criminal history records checks and checks of the Statewide
7    Sex Offender Database and Statewide Murderer and Violent
8    Offender Against Youth Database of applicants for
9    employment;
10        (2) Sections 24-24 and 34-84A of this Code regarding
11    discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22    and
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention; .
25        (10) (9) Section 2-3.162 2-3.160 of this the School
26    Code regarding student discipline reporting; and .



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1        (11) Section 22-80 of this Code.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after the
15effective date of this amendatory Act of the 93rd General
16Assembly and that operates in a city having a population
17exceeding 500,000 may not contract with a for-profit entity to
18manage or operate the school during the period that commences
19on the effective date of this amendatory Act of the 93rd
20General Assembly and concludes at the end of the 2004-2005
21school year. Except as provided in subsection (i) of this
22Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school



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1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) If the charter school is approved by the Commission,
16then the Commission charter school is its own local education
18(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1997-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
2098-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
211-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
23    (105 ILCS 5/10-20.54 rep.)
24    (105 ILCS 5/34-18.46 rep.)
25    Section 10. The School Code is amended by repealing



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1Sections 10-20.54 and 34-18.46.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.