08/16/2013

By: Brittany Flaherty Theis

Over the past couple of months, Governor Quinn has signed numerous new laws that affect school districts throughout the state. Those laws include the following:

Public Act 98-0166 – Catastrophic Accident Insurance – On August 4, 2013, Governor Quinn signed “Rocky’s Law” for Illinois’ student athletes. Previously known as Senate Bill 2178, this law requires public and private school districts to provide catastrophic accident insurance for high school students who are injured while participating in school-sponsored or supervised athletic events and whose medical expenses are greater than $50,000. The insurance policies must have aggregate benefit limits of $3 million or five years, whichever occurs first. The catastrophic accident insurance is in addition to any and all other insurance. However, any school that requires students participating in school-sponsored or school-supervised athletic events sanctioned by the IHSA to be covered under an individual or group policy of accident and health insurance is exempt from this requirement. Public Act 98-0166 allows public elementary and middle school districts to provide accident and health insurance coverage for students injured while participating in school-sponsored athletic activities during Kindergarten through eighth grade.

Public Act 98-0116 – Physical Education Exemption – On July 28, 2013, Governor Quinn signed legislation to help student athletes with disabilities by allowing school districts to excuse students from their required physical education classes if those students are involved in organized, adaptive athletics programs. Similar exemptions are already allowed by Illinois law for students who participate in interscholastic athletic programs, marching band, or certain other activities. Public Act 98-0116, previously known as Senate Bill 2157, became effective upon signing.

Public Act 98-0048 – New Safety Drill – On July 1, 2013, Governor Quinn signed Senate Bill 1625 into law, to take effect immediately. The new legislation requires all Illinois schools to hold active safety drills to ensure schools are “as prepared as possible in the event of a shooting incident,” the press release stated. The drills must take place in each school building where students are taught. They must occur during the academic year and include local law enforcement. The new safety drill is to be performed in addition to three school evacuation drills, one bus evacuation drill, and one severe weather and shelter-in-place drill.

Public Act 98-0016 – Moratorium on Virtual Charter Schools – Governor Quinn signed House Bill 494 into law at the end of May 2013; it became effective May 24, 2013. The new law establishes a moratorium on the creation of charter schools with virtual-schooling components in school districts other than the Chicago public schools.

Public Act 98-0026 – Transfers of Funds – House Bill 3, now Public Act 98-0026, extends the provisions that allow school districts to transfer monies from one fund to another among the Education Fund, Transportation Fund, and Operations and Maintenance Fund. The ‘sunset provision’ was extended by three years – from 2013 to 2016.

If you have any questions about how these laws, or others, affect your school district, please contact Whitt Law Attorney Brittany Flaherty Theis.

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