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

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1		"Player" means an adolescent or child participating in any
2		sponsored youth sports activity of a youth sports league.
3		"Sponsored youth sports activity" means any athletic
4		activity, including practice or competition, for players under
5		the direction of a coach, athletic director, or band leader of
6		a youth sports league, including, but not limited to, baseball,
7		basketball, cheerleading, cross country track, fencing, field
8		hockey, football, golf, gymnastics, ice hockey, lacrosse,
9		marching band, rugby, soccer, skating, softball, swimming and
10		diving, tennis, track (indoor and outdoor), ultimate Frisbee,
11		volleyball, water polo, wrestling, and any other sport offered
12		by a youth sports league. A sponsored youth sports activity
13		does not include an interscholastic athletic activity as that
14		term is defined in Section 22-80 of the School Code.
15		"Youth sports league" means any incorporated or
16		unincorporated, for-profit or not-for-profit entity that
17		organizes and provides sponsored youth sports activities,
18		including, but not limited to, any athletic association,
19		organization, or federation in this State that is owned,
20		operated, sanctioned, or sponsored by a unit of local
21		government or that is owned, operated, sanctioned, or sponsored
22		by a private person or entity, as well as any amateur athletic
23		organization or qualified amateur sports organization in this
24		State under the U.S. Internal Revenue Code (26 U.S.C. Sec.
25		501(c)(3) or Sec. 501(j)).

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1		Section 10. Scope of Act. This Act applies to any
2		sponsored youth sports activity sponsored or sanctioned by a
3		youth sports league. This Act does not apply to an
4		interscholastic athletic activity as that term is defined in
5		Section 22-80 of the School Code. This Act applies to sponsored
6		youth sports activities beginning or continuing after January
7		1, 2016.
8		Section 15. Concussion and head injury educational
9		materials. Each youth sports league with players who
10		participate in any youth-sponsored sports activity sponsored
11		or sanctioned by the youth sports league is encouraged to make
12		available, electronically or in writing, to coaches, game
13		officials, and players, as well as the parents, guardians, and
14		other persons with legal authority to make medical decisions,
15		educational materials that describe the nature and risk of
16		concussions and head injuries, including the advisability of
17		removal of players that exhibit signs, symptoms, or behaviors
18		consistent with a concussion, such as a loss of consciousness,
19		a headache, dizziness, confusion, or balance problems, from
20		participating in a youth-sponsored sports activity sponsored
21		or sanctioned by the youth sports league.
22		These educational materials may include materials produced
23		or distributed by the Illinois High School Association, those
24		produced by the U.S. Centers for Disease Control and
25		Prevention, or other comparable materials. The intent of these

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

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

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

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

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

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

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1		athletic activity shall develop a school-specific emergency
2		action plan for interscholastic athletic activities to address
3		the serious injuries and acute medical conditions in which the
4		condition of the student may deteriorate rapidly. The plan
5		shall include a delineation of roles, methods of communication,
6		available emergency equipment, and access to and a plan for
7		emergency 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
23		necessary 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,
2		nonreligious, non-home based, and non-profit school. A charter
3		school shall be organized and operated as a nonprofit
4		corporation or other discrete, legal, nonprofit entity
5		authorized under the laws of the State of Illinois.
6		(b) A charter school may be established under this Article
7		by creating a new school or by converting an existing public
8		school or attendance center to charter school status. Beginning
9		on the effective date of this amendatory Act of the 93rd
10		General Assembly, in all new applications to establish a
11		charter school in a city having a population exceeding 500,000,
12		operation of the charter school shall be limited to one campus.
13		The changes made to this Section by this amendatory Act of the
14		93rd General Assembly do not apply to charter schools existing
15		or approved on or before the effective date of this amendatory
16		Act.
17		(b-5) In this subsection (b-5), "virtual-schooling" means
18		a cyber school where students engage in online curriculum and
19		instruction via the Internet and electronic communication with
20		their teachers at remote locations and with students
21		participating at different times.
22		From April 1, 2013 through December 31, 2016, there is a
23		moratorium on the establishment of charter schools with
24		virtual-schooling components in school districts other than a
25		school district organized under Article 34 of this Code. This
26		moratorium does not apply to a charter school with

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

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1		outside, independent contractor retained by the charter
2		school. To ensure financial accountability for the use of
3		public funds, on or before December 1 of every year of
4		operation, each charter school shall submit to its authorizer
5		and the State Board a copy of its audit and a copy of the Form
6		990 the charter school filed that year with the federal
7		Internal Revenue Service. In addition, if deemed necessary for
8		proper financial oversight of the charter school, an authorizer
9		may require quarterly financial statements from each charter
10		school.
11		(g) A charter school shall comply with all provisions of
12		this Article; the Illinois Educational Labor Relations Act; all
13		federal and State laws and rules applicable to public schools
14		that pertain to special education and the instruction of
15		English language learners, referred to in this Code as
16		"children of limited English-speaking ability"; and its
17		charter. A charter school is exempt from all other State laws
18		and regulations in this Code governing public schools and local
19		school 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)
18		is declaratory of existing law.
19		(h) A charter school may negotiate and contract with a
20		school district, the governing body of a State college or
21		university or public community college, or any other public or
22		for-profit or nonprofit private entity for: (i) the use of a
23		school building and grounds or any other real property or
24		facilities that the charter school desires to use or convert
25		for use as a charter school site, (ii) the operation and
26		maintenance thereof, and (iii) the provision of any service,

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

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