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| Public Act 100-0238 | ||||
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AN ACT concerning asthma.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27-8.1 as follows: | ||||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||
(Text of Section before amendment by P.A. 99-927) | ||||
Sec. 27-8.1. Health examinations and immunizations. | ||||
(1) In compliance with rules and regulations which the | ||||
Department of Public
Health shall promulgate, and except as | ||||
hereinafter provided, all children in
Illinois shall have a | ||||
health examination as follows: within one year prior to
| ||||
entering kindergarten or the first grade of any public, | ||||
private, or parochial
elementary school; upon entering the | ||||
sixth and ninth grades of any public,
private, or parochial | ||||
school; prior to entrance into any public, private, or
| ||||
parochial nursery school; and, irrespective of grade, | ||||
immediately prior to or
upon entrance into any public, private, | ||||
or parochial school or nursery school,
each child shall present | ||||
proof of having been examined in accordance with this
Section | ||||
and the rules and regulations promulgated hereunder. Any child | ||||
who received a health examination within one year prior to | ||||
entering the fifth grade for the 2007-2008 school year is not | ||||
required to receive an additional health examination in order | ||
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health | ||
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after the effective date of this | ||
amendatory Act of the 95th General Assembly and any student | ||
enrolling for the first time in a public, private, or parochial | ||
school on or after the effective date of this amendatory Act of | ||
the 95th General Assembly shall have an eye examination. Each | ||
of these children shall present proof of having been examined | ||
by a physician licensed to practice medicine in all of its | ||
branches or a licensed optometrist within the previous year, in | ||
accordance with this Section and rules adopted under this | ||
Section, before October 15th of the school year. If the child | ||
fails to present proof by October 15th, the school may hold the | ||
child's report card until one of the following occurs: (i) the | ||
child presents proof of a completed eye examination or (ii) the | ||
child presents proof that an eye examination will take place | ||
within 60 days after October 15th. The Department of Public | ||
Health shall establish, by rule, a waiver for children who show | ||
an undue burden or a lack of access to a physician licensed to | ||
practice medicine in all of its branches who provides eye | ||
examinations or to a licensed optometrist. Each public, | ||
private, and parochial school must give notice of this eye | ||
examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include the | ||
collection of data relating to asthma and obesity
(including at | ||
a minimum, date of birth, gender, height, weight, blood | ||
pressure, and date of exam),
and a dental examination and may | ||
recommend by rule that certain additional examinations be | ||
performed.
The rules and regulations of the Department of | ||
Public Health shall specify that
a tuberculosis skin test | ||
screening shall be included as a required part of each
health | ||
examination included under this Section if the child resides in | ||
an area
designated by the Department of Public Health as having | ||
a high incidence of
tuberculosis.
The Department of Public | ||
Health shall specify that a diabetes
screening as defined by | ||
rule shall be included as a required part of each
health | ||
examination.
Diabetes testing is not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice nurses, or licensed | ||
physician assistants shall be
responsible for the performance | ||
of the health examinations, other than dental
examinations, eye | ||
examinations, and vision and hearing screening, and shall sign | ||
all report forms
required by subsection (4) of this Section | ||
that pertain to those portions of
the health examination for | ||
which the physician, advanced practice nurse, or
physician | ||
assistant is responsible.
If a registered
nurse performs any | ||
part of a health examination, then a physician licensed to
| ||
practice medicine in all of its branches must review and sign | ||
all required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
| ||
hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
| ||
Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
| ||
dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
| ||
data relating to asthma and obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam), on uniform forms which the Department of Public | ||
Health and the State
Board of Education shall prescribe for | ||
statewide use. The examiner shall
summarize on the report form | ||
any condition that he or she suspects indicates a
need for | ||
special services, including for a health examination factors | ||
relating to asthma or obesity. The individuals confirming the | ||
administration of
required immunizations shall record as | ||
indicated on the form that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
nurse, physician assistant,
registered nurse, or local health | ||
department that will
be responsible for administration of the | ||
remaining required immunizations. If
a child does not comply by | ||
October 15, or by the earlier established date of
the current | ||
school year, with the requirements of this subsection, then the
| ||
local school authority shall exclude that child from school | ||
until such time as
the child presents proof of having had the | ||
health examination as required and
presents proof of having | ||
received those required immunizations which are
medically | ||
possible to receive immediately. During a child's exclusion | ||
from
school for noncompliance with this subsection, the child's | ||
parents or legal
guardian shall be considered in violation of | ||
Section 26-1 and subject to any
penalty imposed by Section | ||
26-10. This subsection (5) does not apply to dental | ||
examinations and eye examinations. If the student is an | ||
out-of-state transfer student and does not have the proof | ||
required under this subsection (5) before October 15 of the | ||
current year or whatever date is set by the school district, | ||
then he or she may only attend classes (i) if he or she has | ||
proof that an appointment for the required vaccinations has | ||
been scheduled with a party authorized to submit proof of the | ||
required vaccinations. If the proof of vaccination required | ||
under this subsection (5) is not submitted within 30 days after | ||
the student is permitted to attend classes, then the student is | ||
not to be permitted to attend classes until proof of the | ||
vaccinations has been properly submitted. No school district or | ||
employee of a school district shall be held liable for any | ||
injury or illness to another person that results from admitting | ||
an out-of-state transfer student to class that has an | ||
appointment scheduled pursuant to this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
| ||
examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 to the school district for such year may be | ||
withheld
by the State Board of Education until the number of | ||
students in compliance with
subsection (5) is the applicable | ||
specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the | ||
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student | ||
and to the community of the communicable diseases for which | ||
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care | ||
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and | ||
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school | ||
authority prior to entering kindergarten, sixth grade, and | ||
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. | ||
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
| ||
the content of the Certificate of Religious Exemption
| ||
constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice nurse, or
physician | ||
assistant responsible for the performance of the
health | ||
examination shall endorse that fact upon the health examination | ||
form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the | ||
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||
99-249, eff. 8-3-15; 99-642, eff. 7-28-16.) | ||
(Text of Section after amendment by P.A. 99-927) | ||
Sec. 27-8.1. Health examinations and immunizations. | ||
(1) In compliance with rules and regulations which the | ||
Department of Public
Health shall promulgate, and except as | ||
hereinafter provided, all children in
Illinois shall have a | ||
health examination as follows: within one year prior to
| ||
entering kindergarten or the first grade of any public, | ||
private, or parochial
elementary school; upon entering the | ||
sixth and ninth grades of any public,
private, or parochial | ||
school; prior to entrance into any public, private, or
| ||
parochial nursery school; and, irrespective of grade, | ||
immediately prior to or
upon entrance into any public, private, | ||
or parochial school or nursery school,
each child shall present | ||
proof of having been examined in accordance with this
Section | ||
and the rules and regulations promulgated hereunder. Any child | ||
who received a health examination within one year prior to | ||
entering the fifth grade for the 2007-2008 school year is not | ||
required to receive an additional health examination in order | ||
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health | ||
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after the effective date of this | ||
amendatory Act of the 95th General Assembly and any student | ||
enrolling for the first time in a public, private, or parochial | ||
school on or after the effective date of this amendatory Act of | ||
the 95th General Assembly shall have an eye examination. Each | ||
of these children shall present proof of having been examined | ||
by a physician licensed to practice medicine in all of its | ||
branches or a licensed optometrist within the previous year, in | ||
accordance with this Section and rules adopted under this | ||
Section, before October 15th of the school year. If the child | ||
fails to present proof by October 15th, the school may hold the | ||
child's report card until one of the following occurs: (i) the | ||
child presents proof of a completed eye examination or (ii) the | ||
child presents proof that an eye examination will take place | ||
within 60 days after October 15th. The Department of Public | ||
Health shall establish, by rule, a waiver for children who show | ||
an undue burden or a lack of access to a physician licensed to | ||
practice medicine in all of its branches who provides eye | ||
examinations or to a licensed optometrist. Each public, | ||
private, and parochial school must give notice of this eye | ||
examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include an | ||
age-appropriate developmental screening, an age-appropriate | ||
social and emotional screening, and the collection of data | ||
relating to asthma and obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam),
and a dental examination and may recommend by rule that | ||
certain additional examinations be performed.
The rules and | ||
regulations of the Department of Public Health shall specify | ||
that
a tuberculosis skin test screening shall be included as a | ||
required part of each
health examination included under this | ||
Section if the child resides in an area
designated by the | ||
Department of Public Health as having a high incidence of
| ||
tuberculosis.
With respect to the developmental screening and | ||
the social and emotional screening, the Department of Public | ||
Health must develop rules and appropriate revisions to the | ||
Child Health Examination form in conjunction with a statewide | ||
organization representing school boards; a statewide | ||
organization representing pediatricians; statewide | ||
organizations representing individuals holding Illinois | ||
educator licenses with school support personnel endorsements, | ||
including school social workers, school psychologists, and | ||
school nurses; a statewide organization representing | ||
children's mental health experts; a statewide organization | ||
representing school principals; the Director of Healthcare and | ||
Family Services or his or her designee, the State | ||
Superintendent of Education or his or her designee; and | ||
representatives of other appropriate State agencies and, at a | ||
minimum, must recommend the use of validated screening tools | ||
appropriate to the child's age or grade, and, with regard to | ||
the social and emotional screening, require recording only | ||
whether or not the screening was completed. The rules shall | ||
take into consideration the screening recommendations of the | ||
American Academy of Pediatrics and must be consistent with the | ||
State Board of Education's social and emotional learning | ||
standards. The Department of Public Health shall specify that a | ||
diabetes
screening as defined by rule shall be included as a | ||
required part of each
health examination.
Diabetes testing is | ||
not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice nurses, or licensed | ||
physician assistants shall be
responsible for the performance | ||
of the health examinations, other than dental
examinations, eye | ||
examinations, and vision and hearing screening, and shall sign | ||
all report forms
required by subsection (4) of this Section | ||
that pertain to those portions of
the health examination for | ||
which the physician, advanced practice nurse, or
physician | ||
assistant is responsible.
If a registered
nurse performs any | ||
part of a health examination, then a physician licensed to
| ||
practice medicine in all of its branches must review and sign | ||
all required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
| ||
hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
| ||
Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." | ||
(2.5) With respect to the developmental screening and the | ||
social and emotional screening portion of the health | ||
examination, each child may present proof of having been | ||
screened in accordance with this Section and the rules adopted | ||
under this Section before October 15th of the school year. With | ||
regard to the social and emotional screening only, the | ||
examining health care provider shall only record whether or not | ||
the screening was completed. If the child fails to present | ||
proof of the developmental screening or the social and | ||
emotional screening portions of the health examination by | ||
October 15th of the school year, qualified school support | ||
personnel may, with a parent's or guardian's consent, offer the | ||
developmental screening or the social and emotional screening | ||
to the child. Each public, private, and parochial school must | ||
give notice of the developmental screening and social and | ||
emotional screening requirements to the parents and guardians | ||
of students in compliance with the rules of the Department of | ||
Public Health. Nothing in this Section shall be construed to | ||
allow a school to exclude a child from attending because of a | ||
parent's or guardian's failure to obtain a developmental | ||
screening or a social and emotional screening for the child. | ||
Once a developmental screening or a social and emotional | ||
screening is completed and proof has been presented to the | ||
school, the school may, with a parent's or guardian's consent, | ||
make available appropriate school personnel to work with the | ||
parent or guardian, the child, and the provider who signed the | ||
screening form to obtain any appropriate evaluations and | ||
services as indicated on the form and in other information and | ||
documentation provided by the parents, guardians, or provider. | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
| ||
dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
| ||
data relating to asthma and obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam), on uniform forms which the Department of Public | ||
Health and the State
Board of Education shall prescribe for | ||
statewide use. The examiner shall
summarize on the report form | ||
any condition that he or she suspects indicates a
need for | ||
special services, including for a health examination factors | ||
relating to asthma or obesity. The duty to summarize on the | ||
report form does not apply to social and emotional screenings. | ||
The confidentiality of the information and records relating to | ||
the developmental screening and the social and emotional | ||
screening shall be determined by the statutes, rules, and | ||
professional ethics governing the type of provider conducting | ||
the screening. The individuals confirming the administration | ||
of
required immunizations shall record as indicated on the form | ||
that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
nurse, physician assistant,
registered nurse, or local health | ||
department that will
be responsible for administration of the | ||
remaining required immunizations. If
a child does not comply by | ||
October 15, or by the earlier established date of
the current | ||
school year, with the requirements of this subsection, then the
| ||
local school authority shall exclude that child from school | ||
until such time as
the child presents proof of having had the | ||
health examination as required and
presents proof of having | ||
received those required immunizations which are
medically | ||
possible to receive immediately. During a child's exclusion | ||
from
school for noncompliance with this subsection, the child's | ||
parents or legal
guardian shall be considered in violation of | ||
Section 26-1 and subject to any
penalty imposed by Section | ||
26-10. This subsection (5) does not apply to dental | ||
examinations, eye examinations, and the developmental | ||
screening and the social and emotional screening portions of | ||
the health examination. If the student is an out-of-state | ||
transfer student and does not have the proof required under | ||
this subsection (5) before October 15 of the current year or | ||
whatever date is set by the school district, then he or she may | ||
only attend classes (i) if he or she has proof that an | ||
appointment for the required vaccinations has been scheduled | ||
with a party authorized to submit proof of the required | ||
vaccinations. If the proof of vaccination required under this | ||
subsection (5) is not submitted within 30 days after the | ||
student is permitted to attend classes, then the student is not | ||
to be permitted to attend classes until proof of the | ||
vaccinations has been properly submitted. No school district or | ||
employee of a school district shall be held liable for any | ||
injury or illness to another person that results from admitting | ||
an out-of-state transfer student to class that has an | ||
appointment scheduled pursuant to this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
| ||
examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 to the school district for such year may be | ||
withheld
by the State Board of Education until the number of | ||
students in compliance with
subsection (5) is the applicable | ||
specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the | ||
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student | ||
and to the community of the communicable diseases for which | ||
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care | ||
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and | ||
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school | ||
authority prior to entering kindergarten, sixth grade, and | ||
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. | ||
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
| ||
the content of the Certificate of Religious Exemption
| ||
constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice nurse, or
physician | ||
assistant responsible for the performance of the
health | ||
examination shall endorse that fact upon the health examination | ||
form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the | ||
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||
99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. | ||
6-1-17.) | ||
Section 10. The Illinois Health Statistics Act is amended | ||
by changing Section 4 as follows:
| ||
(410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
| ||
Sec. 4. (a) In carrying out the purposes of this Act, the | ||
Department may:
| ||
(1) Collect and maintain health data on:
| ||
(i) The extent, nature, and impact of illness, | ||
including factors relating to asthma, obesity, and | ||
disability on the population
of the State;
| ||
(ii) The determinants of health and health hazards | ||
including asthma and obesity;
| ||
(iii) Health resources, including the extent of | ||
available manpower and resources;
| ||
(iv) Utilization of health care;
| ||
(v) Health care costs and financing;
| ||
(vi) Other health or health-related matters; and
| ||
(vii) The connection between the long-term effects | ||
of childhood cancer and the original cancer diagnosis | ||
and treatment. | ||
(2) Undertake and support research, demonstrations, | ||
and evaluations respecting
new or improved methods for | ||
obtaining current data on the matters referred
to in | ||
subparagraph (1).
| ||
(b) The Department may collect health data under authority | ||
granted by
any unit of local government and on behalf of other | ||
governmental or not-for-profit
organizations, including data | ||
collected by local schools and the State Board of Education | ||
relating to asthma and obesity on the health examination form | ||
required pursuant to Section 27-8.1 of the School Code. The | ||
data shall be de-identified and aggregated pursuant to rules | ||
promulgated by the Department to prevent disclosure of personal | ||
identifying information.
| ||
(c) The Department shall collect data only on a voluntary | ||
basis from individuals
and organizations, except when there is | ||
specific legal authority to compel
the mandatory reporting of | ||
the health data so requested. In making any collection
of | ||
health data from an individual or organization the Department | ||
must give
to such individual or organization a written | ||
statement which states:
| ||
(1) Whether the individual or organization is required | ||
to respond, and
any sanctions for noncompliance;
| ||
(2) The purposes for which the health data are being | ||
collected; and
| ||
(3) In the case of any disclosure of identifiable | ||
health data for other
than research and statistical | ||
purposes, the items to be disclosed, to whom
the data are | ||
to be disclosed and the purposes for which the data are to | ||
be disclosed.
| ||
(d) Except as provided in Section 5, no health data | ||
obtained in the course
of activities undertaken or supported | ||
under this Act may be used for any purpose
other than the | ||
purpose for which they were supplied or for which the | ||
individual
or organization described in the data has otherwise | ||
consented.
| ||
(e) The Department shall take such actions as may be | ||
necessary to assure
that statistics developed under this Act | ||
are of high quality, timely, comprehensive,
as well as | ||
specific, standardized and adequately analyzed and indexed.
| ||
(f) The Department shall take such action as is appropriate | ||
to effect
the coordination of health data activities, including | ||
health data specifically relating to obesity collected | ||
pursuant to Section 27-8.1 of the School Code, within the State | ||
to eliminate
unnecessary duplication of data collection and | ||
maximize the usefulness of
data collected.
| ||
(g) The Department shall (1) participate with state, local | ||
and federal
agencies in the design and implementation of a | ||
cooperative system for producing
comparable and uniform health | ||
information and statistics at the federal,
state, and local | ||
levels; and (2) undertake and support research, development,
| ||
demonstrations, and evaluations respecting such cooperative | ||
system.
| ||
(Source: P.A. 98-891, eff. 1-1-15.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||