Public Act 095-0671
 		





SB0641 Enrolled
LRB095 08705 NHT 28888 b






    AN ACT concerning education.

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

    (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 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, 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, 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
vision exams
required by this Section
school 
authorities 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 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, 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 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 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.

    (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).  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. 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 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, or eye 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, 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. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; 
93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; 
revised 12-1-05.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 95th General Assembly.
 

    Section 99. Effective date. This Act takes effect January 
1, 2008.