Illinois General Assembly - Full Text of SB0007
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Full Text of SB0007  99th General Assembly

SB0007enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Youth
5Sports Concussion Safety Act.
 
6    Section 5. Definitions. In this Section:
7    "Coach" means any volunteer or employee of a youth sports
8league who is responsible for organizing and supervising
9players and teaching them or training them in the fundamental
10skills of extracurricular athletic activities provided by the
11youth sports league. "Coach" refers to both head coaches and
12assistant coaches.
13    "Concussion" means a complex pathophysiological process
14affecting the brain caused by a traumatic physical force or
15impact to the head or body, which may include temporary or
16prolonged altered brain function resulting in physical,
17cognitive, or emotional symptoms or altered sleep patterns and
18which may or may not involve a loss of consciousness.
19    "Game official" means a person who officiates at a
20sponsored youth sports activity, such as a referee or umpire,
21including, but not limited to, persons enrolled as game
22officials by the Illinois High School Association, the Illinois
23Elementary School Association, or a youth sports league.

 

 

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1    "Player" means an adolescent or child participating in any
2sponsored youth sports activity of a youth sports league.
3    "Sponsored youth sports activity" means any athletic
4activity, including practice or competition, for players under
5the direction of a coach, athletic director, or band leader of
6a youth sports league, including, but not limited to, baseball,
7basketball, cheerleading, cross country track, fencing, field
8hockey, football, golf, gymnastics, ice hockey, lacrosse,
9marching band, rugby, soccer, skating, softball, swimming and
10diving, tennis, track (indoor and outdoor), ultimate Frisbee,
11volleyball, water polo, wrestling, and any other sport offered
12by a youth sports league. A sponsored youth sports activity
13does not include an interscholastic athletic activity as that
14term is defined in Section 22-80 of the School Code.
15    "Youth sports league" means any incorporated or
16unincorporated, for-profit or not-for-profit entity that
17organizes and provides sponsored youth sports activities,
18including, but not limited to, any athletic association,
19organization, or federation in this State that is owned,
20operated, sanctioned, or sponsored by a unit of local
21government or that is owned, operated, sanctioned, or sponsored
22by a private person or entity, as well as any amateur athletic
23organization or qualified amateur sports organization in this
24State under the U.S. Internal Revenue Code (26 U.S.C. Sec.
25501(c)(3) or Sec. 501(j)).
 

 

 

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1    Section 10. Scope of Act. This Act applies to any
2sponsored youth sports activity sponsored or sanctioned by a
3youth sports league. This Act does not apply to an
4interscholastic athletic activity as that term is defined in
5Section 22-80 of the School Code. This Act applies to sponsored
6youth sports activities beginning or continuing after January
71, 2016.
 
8    Section 15. Concussion and head injury educational
9materials. Each youth sports league with players who
10participate in any youth-sponsored sports activity sponsored
11or sanctioned by the youth sports league is encouraged to make
12available, electronically or in writing, to coaches, game
13officials, and players, as well as the parents, guardians, and
14other persons with legal authority to make medical decisions,
15educational materials that describe the nature and risk of
16concussions and head injuries, including the advisability of
17removal of players that exhibit signs, symptoms, or behaviors
18consistent with a concussion, such as a loss of consciousness,
19a headache, dizziness, confusion, or balance problems, from
20participating in a youth-sponsored sports activity sponsored
21or sanctioned by the youth sports league.
22    These educational materials may include materials produced
23or distributed by the Illinois High School Association, those
24produced by the U.S. Centers for Disease Control and
25Prevention, or other comparable materials. The intent of these

 

 

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1materials is to assist in educating coaches, game officials,
2and players and parents, guardians, and other persons with
3legal authority to make medical decisions for players about the
4nature and risks of head injuries.
 
5    Section 75. The Park District Code is amended by changing
6Section 8-24 as follows:
 
7    (70 ILCS 1205/8-24)
8    Sec. 8-24. Concussion and head injury educational
9materials.
10    (a) In addition to the other powers and authority now
11possessed by it, any park district is authorized and encouraged
12to make available to residents and users of park district
13facilities, including youth athletic programs, electronically
14or in written form, educational materials that describe the
15nature and risk of concussion and head injuries, including the
16advisability of removal of youth athletes that exhibit signs,
17symptoms, or behaviors consistent with a concussion, such as a
18loss of consciousness, headache, dizziness, confusion, or
19balance problems, from a practice or game. These educational
20materials may include materials produced or distributed by the
21Illinois High School Association, those produced by the U.S.
22Centers for Disease Control and Prevention, or other comparable
23materials. The intent of these materials is to assist in
24educating coaches, youth athletes, and parents and guardians of

 

 

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1youth athletes about the nature and risks of head injuries.
2    (b) Each park district is subject to and shall comply with
3the requirements of the Youth Sports Concussion Safety Act if
4the park district is directly responsible for organizing and
5providing a sponsored youth sports activity as a youth sports
6league by registering the players and selecting the coaches, as
7those terms are defined in the Youth Sports Concussion Safety
8Act.
9(Source: P.A. 97-204, eff. 7-28-11.)
 
10    Section 80. The School Code is amended by adding Section
1122-80 and by changing Section 27A-5 as follows:
 
12    (105 ILCS 5/22-80 new)
13    Sec. 22-80. Student athletes; concussions and head
14injuries.
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
4under the Illinois Athletic Trainers Practice Act.
5    "Coach" means any volunteer or employee of a school who is
6responsible for organizing and supervising students to teach
7them or train them in the fundamental skills of an
8interscholastic athletic activity. "Coach" refers to both head
9coaches and assistant coaches.
10    "Concussion" means a complex pathophysiological process
11affecting the brain caused by a traumatic physical force or
12impact to the head or body, which may include temporary or
13prolonged altered brain function resulting in physical,
14cognitive, or emotional symptoms or altered sleep patterns and
15which may or may not involve a loss of consciousness.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Game official" means a person who officiates at an
19interscholastic athletic activity, such as a referee or umpire,
20including, but not limited to, persons enrolled as game
21officials by the Illinois High School Association or Illinois
22Elementary School Association.
23    "Interscholastic athletic activity" means any organized
24school-sponsored or school-sanctioned activity for students,
25generally outside of school instructional hours, under the
26direction of a coach, athletic director, or band leader,

 

 

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1including, but not limited to, baseball, basketball,
2cheerleading, cross country track, fencing, field hockey,
3football, golf, gymnastics, ice hockey, lacrosse, marching
4band, rugby, soccer, skating, softball, swimming and diving,
5tennis, track (indoor and outdoor), ultimate Frisbee,
6volleyball, water polo, and wrestling. All interscholastic
7athletics are deemed to be interscholastic activities.
8    "Licensed healthcare professional" means a person who has
9experience with concussion management and who is a nurse, a
10psychologist who holds a license under the Clinical
11Psychologist Licensing Act and specializes in the practice of
12neuropsychology, a physical therapist licensed under the
13Illinois Physical Therapy Act, an occupational therapist
14licensed under the Illinois Occupational Therapy Practice Act.
15    "Nurse" means a person who is employed by or volunteers at
16a school and is licensed under the Nurse Practice Act as a
17registered nurse, practical nurse, or advanced practice nurse.
18    "Physician" means a physician licensed to practice
19medicine in all of its branches under the Medical Practice Act
20of 1987.
21    "School" means any public or private elementary or
22secondary school, including a charter school.
23    "Student" means an adolescent or child enrolled in a
24school.
25    (c) This Section applies to any interscholastic athletic
26activity, including practice and competition, sponsored or

 

 

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1sanctioned by a school, the Illinois Elementary School
2Association, or the Illinois High School Association. This
3Section applies beginning with the 2015-2016 school year.
4    (d) The governing body of each public or charter school and
5the appropriate administrative officer of a private school with
6students enrolled who participate in an interscholastic
7athletic activity shall appoint or approve a concussion
8oversight team. Each concussion oversight team shall establish
9a return-to-play protocol, based on peer-reviewed scientific
10evidence consistent with Centers for Disease Control and
11Prevention guidelines, for a student's return to
12interscholastic athletics practice or competition following a
13force or impact believed to have caused a concussion. Each
14concussion oversight team shall also establish a
15return-to-learn protocol, based on peer-reviewed scientific
16evidence consistent with Centers for Disease Control and
17Prevention guidelines, for a student's return to the classroom
18after that student is believed to have experienced a
19concussion, whether or not the concussion took place while the
20student was participating in an interscholastic athletic
21activity.
22    Each concussion oversight team must include to the extent
23practicable at least one physician. If a school employs an
24athletic trainer, the athletic trainer must be a member of the
25school concussion oversight team to the extent practicable. If
26a school employs a nurse, the nurse must be a member of the

 

 

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1school concussion oversight team to the extent practicable. At
2a minimum, a school shall appoint a person who is responsible
3for implementing and complying with the return-to-play and
4return-to-learn protocals adopted by the concussion oversight
5team. A school may appoint other licensed healthcare
6professionals to serve on the concussion oversight team.
7    (e) A student may not participate in an interscholastic
8athletic activity for a school year until the student and the
9student's parent or guardian or another person with legal
10authority to make medical decisions for the student have signed
11a form for that school year that acknowledges receiving and
12reading written information that explains concussion
13prevention, symptoms, treatment, and oversight and that
14includes guidelines for safely resuming participation in an
15athletic activity following a concussion. The form must be
16approved by the Illinois High School Association.
17    (f) A student must be removed from an interscholastic
18athletics practice or competition immediately if one of the
19following persons believes the student might have sustained a
20concussion 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
6practice or competition under this Section may not be permitted
7to practice or compete again following the force or impact
8believed 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
14authorize a student's return to play or return to learn.
15    The district superintendent or the superintendent's
16designee in the case of a public elementary or secondary
17school, the chief school administrator or that person's
18designee in the case of a charter school, or the appropriate
19administrative officer or that person's designee in the case of
20a private school shall supervise an athletic trainer or other
21person responsible for compliance with the return-to-play
22protocol and shall supervise the person responsible for
23compliance with the return-to-learn protocol. The person who
24has supervisory responsibilities under this paragraph may not
25be a coach of an interscholastic athletics team.
26    (h)(1) The Illinois High School Association shall approve,

 

 

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1for coaches and game officials of interscholastic athletic
2activities, training courses that provide for not less than 2
3hours of training in the subject matter of concussions,
4including evaluation, prevention, symptoms, risks, and
5long-term effects. The Association shall maintain an updated
6list of individuals and organizations authorized by the
7Association to provide the training.
8    (2) The following persons must take a training course in
9accordance with paragraph (4) of this subsection (h) from an
10authorized 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
20oversight team shall, to the greatest extent practicable,
21periodically take an appropriate continuing medical education
22course 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
9subsection (h) must submit proof of timely completion of an
10approved course in compliance with paragraph (4) of this
11subsection (h) to the district superintendent or the
12superintendent's designee in the case of a public elementary or
13secondary school, the chief school administrator or that
14person's designee in the case of a charter school, or the
15appropriate administrative officer or that person's designee
16in the case of a private school.
17    (6) A physician, athletic trainer, or nurse who is not in
18compliance with the training requirements under this
19subsection (h) may not serve on a concussion oversight team in
20any capacity.
21    (7) A person required under this subsection (h) to take a
22training course in the subject of concussions must initially
23complete the training not later than September 1, 2016.
24    (i) The governing body of each public or charter school and
25the appropriate administrative officer of a private school with
26students enrolled who participate in an interscholastic

 

 

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1athletic activity shall develop a school-specific emergency
2action plan for interscholastic athletic activities to address
3the serious injuries and acute medical conditions in which the
4condition of the student may deteriorate rapidly. The plan
5shall include a delineation of roles, methods of communication,
6available emergency equipment, and access to and a plan for
7emergency 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
23necessary to administer this Section.
 
24    (105 ILCS 5/27A-5)
25    Sec. 27A-5. Charter school; legal entity; requirements.

 

 

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1    (a) A charter school shall be a public, nonsectarian,
2nonreligious, non-home based, and non-profit school. A charter
3school shall be organized and operated as a nonprofit
4corporation or other discrete, legal, nonprofit entity
5authorized under the laws of the State of Illinois.
6    (b) A charter school may be established under this Article
7by creating a new school or by converting an existing public
8school or attendance center to charter school status. Beginning
9on the effective date of this amendatory Act of the 93rd
10General Assembly, in all new applications to establish a
11charter school in a city having a population exceeding 500,000,
12operation of the charter school shall be limited to one campus.
13The changes made to this Section by this amendatory Act of the
1493rd General Assembly do not apply to charter schools existing
15or approved on or before the effective date of this amendatory
16Act.
17    (b-5) In this subsection (b-5), "virtual-schooling" means
18a cyber school where students engage in online curriculum and
19instruction via the Internet and electronic communication with
20their teachers at remote locations and with students
21participating at different times.
22    From April 1, 2013 through December 31, 2016, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with

 

 

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1virtual-schooling components existing or approved prior to
2April 1, 2013 or to the renewal of the charter of a charter
3school with virtual-schooling components already approved
4prior to April 1, 2013.
5    On or before March 1, 2014, the Commission shall submit to
6the General Assembly a report on the effect of
7virtual-schooling, including without limitation the effect on
8student performance, the costs associated with
9virtual-schooling, and issues with oversight. The report shall
10include policy recommendations for virtual-schooling.
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter school
14shall be subject to the Freedom of Information Act and the Open
15Meetings Act.
16    (d) A charter school shall comply with all applicable
17health and safety requirements applicable to public schools
18under the laws of the State of Illinois.
19    (e) Except as otherwise provided in the School Code, a
20charter school shall not charge tuition; provided that a
21charter school may charge reasonable fees for textbooks,
22instructional materials, and student activities.
23    (f) A charter school shall be responsible for the
24management and operation of its fiscal affairs including, but
25not limited to, the preparation of its budget. An audit of each
26charter school's finances shall be conducted annually by an

 

 

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1outside, independent contractor retained by the charter
2school. To ensure financial accountability for the use of
3public funds, on or before December 1 of every year of
4operation, each charter school shall submit to its authorizer
5and the State Board a copy of its audit and a copy of the Form
6990 the charter school filed that year with the federal
7Internal Revenue Service. In addition, if deemed necessary for
8proper financial oversight of the charter school, an authorizer
9may require quarterly financial statements from each charter
10school.
11    (g) A charter school shall comply with all provisions of
12this Article; the Illinois Educational Labor Relations Act; all
13federal and State laws and rules applicable to public schools
14that pertain to special education and the instruction of
15English language learners, referred to in this Code as
16"children of limited English-speaking ability"; and its
17charter. A charter school is exempt from all other State laws
18and regulations in this Code governing public schools and local
19school 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;

 

 

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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)
18is declaratory of existing law.
19    (h) A charter school may negotiate and contract with a
20school district, the governing body of a State college or
21university or public community college, or any other public or
22for-profit or nonprofit private entity for: (i) the use of a
23school building and grounds or any other real property or
24facilities that the charter school desires to use or convert
25for use as a charter school site, (ii) the operation and
26maintenance thereof, and (iii) the provision of any service,

 

 

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1activity, or undertaking that the charter school is required to
2perform in order to carry out the terms of its charter.
3However, a charter school that is established on or after the
4effective date of this amendatory Act of the 93rd General
5Assembly and that operates in a city having a population
6exceeding 500,000 may not contract with a for-profit entity to
7manage or operate the school during the period that commences
8on the effective date of this amendatory Act of the 93rd
9General Assembly and concludes at the end of the 2004-2005
10school year. Except as provided in subsection (i) of this
11Section, a school district may charge a charter school
12reasonable rent for the use of the district's buildings,
13grounds, and facilities. Any services for which a charter
14school contracts with a school district shall be provided by
15the district at cost. Any services for which a charter school
16contracts with a local school board or with the governing body
17of a State college or university or public community college
18shall be provided by the public entity at cost.
19    (i) In no event shall a charter school that is established
20by converting an existing school or attendance center to
21charter school status be required to pay rent for space that is
22deemed available, as negotiated and provided in the charter
23agreement, in school district facilities. However, all other
24costs for the operation and maintenance of school district
25facilities that are used by the charter school shall be subject
26to negotiation between the charter school and the local school

 

 

SB0007 Enrolled- 22 -LRB099 02651 NHT 22657 b

1board and shall be set forth in the charter.
2    (j) A charter school may limit student enrollment by age or
3grade level.
4    (k) If the charter school is approved by the Commission,
5then the Commission charter school is its own local education
6agency.
7(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
897-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
998-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
101-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
1110-14-14.)
 
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
15Sections 10-20.54 and 34-18.46.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.