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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 5. The School Code is amended by changing Section
5		22-80 as follows:
6		(105 ILCS 5/22-80)
7		Sec. 22-80. Student athletes; concussions and head
8		injuries.
9		(a) The General Assembly recognizes all of the following:
10		(1) Concussions are one of the most commonly reported
11		injuries in children and adolescents who participate in
12		sports and recreational activities. The Centers for
13		Disease Control and Prevention estimates that as many as
14		3,900,000 sports-related and recreation-related
15		concussions occur in the United States each year. A
16		concussion is caused by a blow or motion to the head or
17		body that causes the brain to move rapidly inside the
18		skull. The risk of catastrophic injuries or death are
19		significant when a concussion or head injury is not
20		properly evaluated and managed.
21		(2) Concussions are a type of brain injury that can
22		range from mild to severe and can disrupt the way the brain
23		normally works. Concussions can occur in any organized or

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1		unorganized sport or recreational activity and can result
2		from a fall or from players colliding with each other, the
3		ground, or with obstacles. Concussions occur with or
4		without loss of consciousness, but the vast majority of
5		concussions occur without loss of consciousness.
6		(3) Continuing to play with a concussion or symptoms of
7		a head injury leaves a young athlete especially vulnerable
8		to greater injury and even death. The General Assembly
9		recognizes that, despite having generally recognized
10		return-to-play standards for concussions and head
11		injuries, some affected youth athletes are prematurely
12		returned to play, resulting in actual or potential physical
13		injury or death to youth athletes in this State.
14		(4) Student athletes who have sustained a concussion
15		may need informal or formal accommodations, modifications
16		of curriculum, and monitoring by medical or academic staff
17		until the student is fully recovered. To that end, all
18		schools are encouraged to establish a return-to-learn
19		protocol that is based on peer-reviewed scientific
20		evidence consistent with Centers for Disease Control and
21		Prevention guidelines and conduct baseline testing for
22		student athletes.
23		(b) In this Section:
24		"Athletic trainer" means an athletic trainer licensed
25		under the Illinois Athletic Trainers Practice Act.
26		"Coach" means any volunteer or employee of a school who is

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1		responsible for organizing and supervising students to teach
2		them or train them in the fundamental skills of an
3		interscholastic athletic activity. "Coach" refers to both head
4		coaches and assistant coaches.
5		"Concussion" means a complex pathophysiological process
6		affecting the brain caused by a traumatic physical force or
7		impact to the head or body, which may include temporary or
8		prolonged altered brain function resulting in physical,
9		cognitive, or emotional symptoms or altered sleep patterns and
10		which may or may not involve a loss of consciousness.
11		"Department" means the Department of Financial and
12		Professional Regulation.
13		"Game official" means a person who officiates at an
14		interscholastic athletic activity, such as a referee or umpire,
15		including, but not limited to, persons enrolled as game
16		officials by the Illinois High School Association or Illinois
17		Elementary School Association.
18		"Interscholastic athletic activity" means any organized
19		school-sponsored or school-sanctioned activity for students,
20		generally outside of school instructional hours, under the
21		direction of a coach, athletic director, or band leader,
22		including, but not limited to, baseball, basketball,
23		cheerleading, cross country track, fencing, field hockey,
24		football, golf, gymnastics, ice hockey, lacrosse, marching
25		band, rugby, soccer, skating, softball, swimming and diving,
26		tennis, track (indoor and outdoor), ultimate Frisbee,

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1		volleyball, water polo, and wrestling. All interscholastic
2		athletics are deemed to be interscholastic activities.
3		"Licensed healthcare professional" means a person who has
4		experience with concussion management and who is a nurse, a
5		psychologist who holds a license under the Clinical
6		Psychologist Licensing Act and specializes in the practice of
7		neuropsychology, a physical therapist licensed under the
8		Illinois Physical Therapy Act, an occupational therapist
9		licensed under the Illinois Occupational Therapy Practice Act.
10		"Nurse" means a person who is employed by or volunteers at
11		a school and is licensed under the Nurse Practice Act as a
12		registered nurse, practical nurse, or advanced practice nurse.
13		"Physician" means a physician licensed to practice
14		medicine in all of its branches under the Medical Practice Act
15		of 1987.
16		"School" means any public or private elementary or
17		secondary school, including a charter school.
18		"Student" means an adolescent or child enrolled in a
19		school.
20		(c) This Section applies to any interscholastic athletic
21		activity, including practice and competition, sponsored or
22		sanctioned by a school, the Illinois Elementary School
23		Association, or the Illinois High School Association. This
24		Section applies beginning with the 2016-2017 2015-2016 school
25		year.
26		(d) The governing body of each public or charter school and

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1		the appropriate administrative officer of a private school with
2		students enrolled who participate in an interscholastic
3		athletic activity shall appoint or approve a concussion
4		oversight team. Each concussion oversight team shall establish
5		a return-to-play protocol, based on peer-reviewed scientific
6		evidence consistent with Centers for Disease Control and
7		Prevention guidelines, for a student's return to
8		interscholastic athletics practice or competition following a
9		force or impact believed to have caused a concussion. Each
10		concussion oversight team shall also establish a
11		return-to-learn protocol, based on peer-reviewed scientific
12		evidence consistent with Centers for Disease Control and
13		Prevention guidelines, for a student's return to the classroom
14		after that student is believed to have experienced a
15		concussion, whether or not the concussion took place while the
16		student was participating in an interscholastic athletic
17		activity.
18		Each concussion oversight team must include to the extent
19		practicable at least one physician. If a school employs an
20		athletic trainer, the athletic trainer must be a member of the
21		school concussion oversight team to the extent practicable. If
22		a school employs a nurse, the nurse must be a member of the
23		school concussion oversight team to the extent practicable. At
24		a minimum, a school shall appoint a person who is responsible
25		for implementing and complying with the return-to-play and
26		return-to-learn protocols protocals adopted by the concussion

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1		oversight team. A school may appoint other licensed healthcare
2		professionals to serve on the concussion oversight team.
3		(e) A student may not participate in an interscholastic
4		athletic activity for a school year until the student and the
5		student's parent or guardian or another person with legal
6		authority to make medical decisions for the student have signed
7		a form for that school year that acknowledges receiving and
8		reading written information that explains concussion
9		prevention, symptoms, treatment, and oversight and that
10		includes guidelines for safely resuming participation in an
11		athletic activity following a concussion. The form must be
12		approved by the Illinois High School Association.
13		(f) A student must be removed from an interscholastic
14		athletics practice or competition immediately if one of the
15		following persons believes the student might have sustained a
16		concussion during the practice or competition:
17		(1) a coach;
18		(2) a physician;
19		(3) a game official;
20		(4) an athletic trainer;
21		(5) the student's parent or guardian or another person
22		with legal authority to make medical decisions for the
23		student;
24		(6) the student; or
25		(7) any other person deemed appropriate under the
26		school's return-to-play protocol.

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1		(g) A student removed from an interscholastic athletics
2		practice or competition under this Section may not be permitted
3		to practice or compete again following the force or impact
4		believed to have caused the concussion until:
5		(1) the student has been evaluated, using established
6		medical protocols based on peer-reviewed scientific
7		evidence consistent with Centers for Disease Control and
8		Prevention guidelines, by a treating physician (chosen by
9		the student or the student's parent or guardian or another
10		person with legal authority to make medical decisions for
11		the student) or an athletic trainer working under the
12		supervision of a physician;
13		(2) the student has successfully completed each
14		requirement of the return-to-play protocol established
15		under this Section necessary for the student to return to
16		play;
17		(3) the student has successfully completed each
18		requirement of the return-to-learn protocol established
19		under this Section necessary for the student to return to
20		learn;
21		(4) the treating physician or athletic trainer working
22		under the supervision of a physician has provided a written
23		statement indicating that, in the physician's professional
24		judgment, it is safe for the student to return to play and
25		return to learn; and
26		(5) the student and the student's parent or guardian or

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1		another person with legal authority to make medical
2		decisions for the student:
3		(A) have acknowledged that the student has
4		completed the requirements of the return-to-play and
5		return-to-learn protocols necessary for the student to
6		return to play;
7		(B) have provided the treating physician's or
8		athletic trainer's written statement under subdivision
9		(4) of this subsection (g) to the person responsible
10		for compliance with the return-to-play and
11		return-to-learn protocols under this subsection (g)
12		and the person who has supervisory responsibilities
13		under this subsection (g); and
14		(C) have signed a consent form indicating that the
15		person signing:
16		(i) has been informed concerning and consents
17		to the student participating in returning to play
18		in accordance with the return-to-play and
19		return-to-learn protocols;
20		(ii) understands the risks associated with the
21		student returning to play and returning to learn
22		and will comply with any ongoing requirements in
23		the return-to-play and return-to-learn protocols;
24		and
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 or athletic trainer's written
4		statement under subdivision (4) of this subsection
5		(g) and, if any, the return-to-play and
6		return-to-learn recommendations of the treating
7		physician or the athletic trainer, as the case may
8		be.
9		A coach of an interscholastic athletics team may not
10		authorize a student's return to play or return to learn.
11		The district superintendent or the superintendent's
12		designee in the case of a public elementary or secondary
13		school, the chief school administrator or that person's
14		designee in the case of a charter school, or the appropriate
15		administrative officer or that person's designee in the case of
16		a private school shall supervise an athletic trainer or other
17		person responsible for compliance with the return-to-play
18		protocol and shall supervise the person responsible for
19		compliance with the return-to-learn protocol. The person who
20		has supervisory responsibilities under this paragraph may not
21		be a coach of an interscholastic athletics team.
22		(h)(1) The Illinois High School Association shall approve,
23		for coaches and game officials of interscholastic athletic
24		activities, training courses that provide for not less than 2
25		hours of training in the subject matter of concussions,
26		including evaluation, prevention, symptoms, risks, and

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1		long-term effects. The Association shall maintain an updated
2		list of individuals and organizations authorized by the
3		Association to provide the training.
4		(2) The following persons must take a training course in
5		accordance with paragraph (4) of this subsection (h) from an
6		authorized training provider at least once every 2 years:
7		(A) a coach of an interscholastic athletic activity;
8		(B) a nurse who serves as a member of a concussion
9		oversight team and is an employee, representative, or agent
10		of a school;
11		(C) a game official of an interscholastic athletic
12		activity; and
13		(D) a nurse who serves on a volunteer basis as a member
14		of a concussion oversight team for a school.
15		(3) A physician who serves as a member of a concussion
16		oversight team shall, to the greatest extent practicable,
17		periodically take an appropriate continuing medical education
18		course in the subject matter of concussions.
19		(4) For purposes of paragraph (2) of this subsection (h):
20		(A) a coach or game officials, as the case may be, must
21		take a course described in paragraph (1) of this subsection
22		(h).
23		(B) an athletic trainer must take a concussion-related
24		continuing education course from an athletic trainer
25		continuing education sponsor approved by the Department;
26		and

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1		(C) a nurse must take a course concerning the subject
2		matter of concussions that has been approved for continuing
3		education credit by the Department.
4		(5) Each person described in paragraph (2) of this
5		subsection (h) must submit proof of timely completion of an
6		approved course in compliance with paragraph (4) of this
7		subsection (h) to the district superintendent or the
8		superintendent's designee in the case of a public elementary or
9		secondary school, the chief school administrator or that
10		person's designee in the case of a charter school, or the
11		appropriate administrative officer or that person's designee
12		in the case of a private school.
13		(6) A physician, athletic trainer, or nurse who is not in
14		compliance with the training requirements under this
15		subsection (h) may not serve on a concussion oversight team in
16		any capacity.
17		(7) A person required under this subsection (h) to take a
18		training course in the subject of concussions must initially
19		complete the training not later than September 1, 2016.
20		(i) The governing body of each public or charter school and
21		the appropriate administrative officer of a private school with
22		students enrolled who participate in an interscholastic
23		athletic activity shall develop a school-specific emergency
24		action plan for interscholastic athletic activities to address
25		the serious injuries and acute medical conditions in which the
26		condition of the student may deteriorate rapidly. The plan

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1		shall include a delineation of roles, methods of communication,
2		available emergency equipment, and access to and a plan for
3		emergency transport. This emergency action plan must be:
4		(1) in writing;
5		(2) reviewed by the concussion oversight team;
6		(3) approved by the district superintendent or the
7		superintendent's designee in the case of a public
8		elementary or secondary school, the chief school
9		administrator or that person's designee in the case of a
10		charter school, or the appropriate administrative officer
11		or that person's designee in the case of a private school;
12		(4) distributed to all appropriate personnel;
13		(5) posted conspicuously at all venues utilized by the
14		school; and
15		(6) reviewed annually by all athletic trainers, first
16		responders, coaches, school nurses, athletic directors,
17		and volunteers for interscholastic athletic activities.
18		(j) The State Board of Education may adopt rules as
19		necessary to administer this Section.
20		(Source: P.A. 99-245, eff. 8-3-15.)
21		Section 99. Effective date. This Act takes effect upon
22		becoming law.