HB2923 102ND GENERAL ASSEMBLY

LRB102 14866 NHT 20219 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2923

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

105 ILCS 25/1.25 new

Amends the Interscholastic Athletic Organization Act. Provides that, notwithstanding the Illinois Emergency Management Agency Act, after a period of 60 days from the initiation of a disaster proclamation declaring a public health emergency, no proclamations or executive orders may be given effect by a scholastic association, athletic association, or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or activities or any form of athletic competition or activity among schools and students within this State when setting interscholastic sports schedules or activities, unless the governing body for the interscholastic activity consents to the modifications or the governing body for the interscholastic activity makes specified findings relating to the participation of students. Makes changes concerning additional conditions for student participation, reporting to the Department of Public Health, and liability. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Interscholastic Athletic Organization Act is amended by adding Section 1.25 as follows:

(105 ILCS 25/1.25 new)

Sec. 1.25. Public health emergency.

(a) Notwithstanding any provision of Section 7 of the Illinois Emergency Management Agency Act, after a period of 60 days from the initiation of a disaster proclamation declaring a public health emergency, no proclamations or executive orders may be given effect by a scholastic association, athletic association, or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or activities or any form of athletic competition or activity among schools and students within this State when setting interscholastic sports schedules or activities, unless:

(1) the governing body for the interscholastic activity consents to the modifications; or

(2) the governing body for the interscholastic activity makes the following findings:

(A) participation by students in the interscholastic activity can be accomplished with appropriate risk management protocols, including through compliance with recommendations made to the governing body by independent public health experts, as published in peer-reviewed medical literature, or in accordance with any other State or federal standards or guidelines; and

(B) either (i) students prevented from participating will be at a comparative disadvantage relative to students in other states when seeking scholastic and athletic opportunities in higher education, including, but not limited to, college athletic scholarships, academic scholarships, or dramatic or performing arts portfolio presentations, or (ii) the interscholastic activity will provide student health benefits that mitigate the risk of detrimental effects under the proclamation or executive order, including, but not limited to, physical and mental health effects.

(b) The governing body for the interscholastic activity may impose additional conditions for student participation under this Section, including, but not limited to, health and temperature checks and pre-activity and post-activity quarantines. In setting such conditions, the governing body shall consider questions of equity so that students from disadvantaged backgrounds are not unduly burdened by additional requirements.

(c) The governing body for the interscholastic activity shall have the responsibility for ensuring accurate reporting of any infectious disease state to the Department of Public Health.

(d) A school district, school board member, school administrator, faculty member, staff, coach, or parent volunteer who oversees students participating in an interscholastic activity under this Section shall incur no liability associated with student participation in the interscholastic activity, except for willful or wanton conduct in disregarding the standards set by the governing body for the interscholastic activity.

Section 99. Effective date. This Act takes effect upon becoming law.