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Public Act 100-1011
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| SB2541 Enrolled | LRB100 16196 AXK 31317 b |
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AN ACT concerning education.
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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:
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(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
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
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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
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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 |
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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 |
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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.
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(1.10) Except as otherwise provided in this Section, all |
children enrolling in kindergarten in a public, private, or |
parochial school on or after January 1, 2008 (the effective |
date of Public Act 95-671) 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 January |
1, 2008 (the effective date of Public Act 95-671) 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 |
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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.
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(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
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tuberculosis.
With respect to the developmental screening and |
the social and emotional screening, the Department of Public |
Health must, no later than January 1, 2019, develop rules and |
appropriate revisions to the Child Health Examination form in |
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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 registered nurses, or |
licensed physician assistants shall be
responsible for the |
performance of the health examinations, other than dental
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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 registered 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
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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
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Department of Public Health has certified.
In these rules and |
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regulations, the Department of Public Health shall
require that |
individuals conducting vision screening tests give a child's
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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 |
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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,
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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
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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 |
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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
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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, |
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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 |
registered 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 |
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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
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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 |
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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 |
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school district, 10% of each State aid payment made
pursuant to |
Section 18-8.05 or 18-8.15 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 |
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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 |
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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
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the content of the Certificate of Religious Exemption
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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 registered nurse, |
or
physician assistant responsible for the performance of the
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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 |