Public Act 093-0946
 		





HB0752 Enrolled
LRB093 05409 NHT 05499 b






    AN ACT relating to schools. 

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


 
    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)



    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 
fifth 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.

    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 dental
and vision examinations, may be required when 
deemed necessary by school
authorities.  Parents are encouraged 
to have their children undergo dental
and vision 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.


    (2) The Department of Public Health shall promulgate rules 
and regulations
specifying the examinations and procedures 
that constitute a health examination
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, advanced
practice nurses who have a written 
collaborative agreement with
a collaborating physician which 
authorizes them to perform health
examinations, or physician 
assistants who have been delegated the
performance of health 
examinations by their supervising physician
shall be

responsible for the performance of the health examinations, 
other than dental
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 vision exams
required by school 
authorities and shall sign all report forms required by

subsection (4) of this Section that pertain to the vision exam.  
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 or 
dental examination shall record the
fact of having conducted 
the examination, and such additional information as
required, 
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.  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.


    (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) 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).  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. This reported information 
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
18-8 to the school district for such year shall 
be withheld
by the regional superintendent until the number of 
students in compliance with
subsection (5) is the applicable 
specified percentage or higher.

    (8) Parents or legal guardians who object to health
or 
dental examinations or any part thereof, or to immunizations, 
on religious grounds
shall not be required to submit their 
children or wards to the examinations
or immunizations to which 
they so object if such parents or legal guardians
present to 
the appropriate local school authority a signed statement of

objection, detailing the grounds for the objection.  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 or dental 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. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; 
93-530, eff.
1-1-04; revised 9-11-03.)


 
    Section 99. Effective date. This Act takes effect July 1, 
2005.