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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-391 and by adding Section
72310-700 as follows:
 
8    (20 ILCS 2310/2310-391)
9    Sec. 2310-391. Meningitis; educational materials. The
10Department shall develop educational materials on meningitis
11for distribution in elementary and secondary schools. In
12addition, the Department shall comply with Section 2310-700 of
13this Law.
14(Source: P.A. 94-769, eff. 5-12-06.)
 
15    (20 ILCS 2310/2310-700 new)
16    Sec. 2310-700. Influenza and meningococcal disease and
17vaccine information; school districts. The Department shall
18develop, provide, or approve and shall publish informational
19materials for school districts in this State regarding
20influenza and influenza vaccinations and meningococcal disease
21and meningococcal vaccinations in accordance with the latest
22information provided by the Advisory Committee on Immunization

 

 

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1Practices of the Centers for Disease Control and Prevention.
 
2    Section 10. The School Code is amended by changing Section
327-8.1 as follows:
 
4    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
5    Sec. 27-8.1. Health examinations and immunizations.
6    (1) In compliance with rules and regulations which the
7Department of Public Health shall promulgate, and except as
8hereinafter provided, all children in Illinois shall have a
9health examination as follows: within one year prior to
10entering kindergarten or the first grade of any public,
11private, or parochial elementary school; upon entering the
12sixth and ninth grades of any public, private, or parochial
13school; prior to entrance into any public, private, or
14parochial nursery school; and, irrespective of grade,
15immediately prior to or upon entrance into any public, private,
16or parochial school or nursery school, each child shall present
17proof of having been examined in accordance with this Section
18and the rules and regulations promulgated hereunder. Any child
19who received a health examination within one year prior to
20entering the fifth grade for the 2007-2008 school year is not
21required to receive an additional health examination in order
22to comply with the provisions of Public Act 95-422 when he or
23she attends school for the 2008-2009 school year, unless the
24child is attending school for the first time as provided in

 

 

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1this paragraph.
2    A tuberculosis skin test screening shall be included as a
3required part of each health examination included under this
4Section if the child resides in an area designated by the
5Department of Public Health as having a high incidence of
6tuberculosis. Additional health examinations of pupils,
7including eye examinations, may be required when deemed
8necessary by school authorities. Parents are encouraged to have
9their children undergo eye examinations at the same points in
10time required for health examinations.
11    (1.5) In compliance with rules adopted by the Department of
12Public Health and except as otherwise provided in this Section,
13all children in kindergarten and the second and sixth grades of
14any public, private, or parochial school shall have a dental
15examination. Each of these children shall present proof of
16having been examined by a dentist in accordance with this
17Section and rules adopted under this Section before May 15th of
18the school year. If a child in the second or sixth grade fails
19to present proof by May 15th, the school may hold the child's
20report card until one of the following occurs: (i) the child
21presents proof of a completed dental examination or (ii) the
22child presents proof that a dental examination will take place
23within 60 days after May 15th. The Department of Public Health
24shall establish, by rule, a waiver for children who show an
25undue burden or a lack of access to a dentist. Each public,
26private, and parochial school must give notice of this dental

 

 

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1examination requirement to the parents and guardians of
2students at least 60 days before May 15th of each school year.
3    (1.10) Except as otherwise provided in this Section, all
4children enrolling in kindergarten in a public, private, or
5parochial school on or after January 1, 2008 (the effective
6date of Public Act 95-671) this amendatory Act of the 95th
7General Assembly and any student enrolling for the first time
8in a public, private, or parochial school on or after January
91, 2008 (the effective date of Public Act 95-671) this
10amendatory Act of the 95th General Assembly shall have an eye
11examination. Each of these children shall present proof of
12having been examined by a physician licensed to practice
13medicine in all of its branches or a licensed optometrist
14within the previous year, in accordance with this Section and
15rules adopted under this Section, before October 15th of the
16school year. If the child fails to present proof by October
1715th, the school may hold the child's report card until one of
18the following occurs: (i) the child presents proof of a
19completed eye examination or (ii) the child presents proof that
20an eye examination will take place within 60 days after October
2115th. The Department of Public Health shall establish, by rule,
22a waiver for children who show an undue burden or a lack of
23access to a physician licensed to practice medicine in all of
24its branches who provides eye examinations or to a licensed
25optometrist. Each public, private, and parochial school must
26give notice of this eye examination requirement to the parents

 

 

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1and guardians of students in compliance with rules of the
2Department of Public Health. Nothing in this Section shall be
3construed to allow a school to exclude a child from attending
4because of a parent's or guardian's failure to obtain an eye
5examination for the child.
6    (2) The Department of Public Health shall promulgate rules
7and regulations specifying the examinations and procedures
8that constitute a health examination, which shall include an
9age-appropriate developmental screening, an age-appropriate
10social and emotional screening, and the collection of data
11relating to asthma and obesity (including at a minimum, date of
12birth, gender, height, weight, blood pressure, and date of
13exam), and a dental examination and may recommend by rule that
14certain additional examinations be performed. The rules and
15regulations of the Department of Public Health shall specify
16that a tuberculosis skin test screening shall be included as a
17required part of each health examination included under this
18Section if the child resides in an area designated by the
19Department of Public Health as having a high incidence of
20tuberculosis. With respect to the developmental screening and
21the social and emotional screening, the Department of Public
22Health must develop rules and appropriate revisions to the
23Child Health Examination form in conjunction with a statewide
24organization representing school boards; a statewide
25organization representing pediatricians; statewide
26organizations representing individuals holding Illinois

 

 

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1educator licenses with school support personnel endorsements,
2including school social workers, school psychologists, and
3school nurses; a statewide organization representing
4children's mental health experts; a statewide organization
5representing school principals; the Director of Healthcare and
6Family Services or his or her designee, the State
7Superintendent of Education or his or her designee; and
8representatives of other appropriate State agencies and, at a
9minimum, must recommend the use of validated screening tools
10appropriate to the child's age or grade, and, with regard to
11the social and emotional screening, require recording only
12whether or not the screening was completed. The rules shall
13take into consideration the screening recommendations of the
14American Academy of Pediatrics and must be consistent with the
15State Board of Education's social and emotional learning
16standards. The Department of Public Health shall specify that a
17diabetes screening as defined by rule shall be included as a
18required part of each health examination. Diabetes testing is
19not required.
20    Physicians licensed to practice medicine in all of its
21branches, licensed advanced practice registered nurses, or
22licensed physician assistants shall be responsible for the
23performance of the health examinations, other than dental
24examinations, eye examinations, and vision and hearing
25screening, and shall sign all report forms required by
26subsection (4) of this Section that pertain to those portions

 

 

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1of the health examination for which the physician, advanced
2practice registered nurse, or physician assistant is
3responsible. If a registered nurse performs any part of a
4health examination, then a physician licensed to practice
5medicine in all of its branches must review and sign all
6required report forms. Licensed dentists shall perform all
7dental examinations and shall sign all report forms required by
8subsection (4) of this Section that pertain to the dental
9examinations. Physicians licensed to practice medicine in all
10its branches or licensed optometrists shall perform all eye
11examinations required by this Section and shall sign all report
12forms required by subsection (4) of this Section that pertain
13to the eye examination. For purposes of this Section, an eye
14examination shall at a minimum include history, visual acuity,
15subjective refraction to best visual acuity near and far,
16internal and external examination, and a glaucoma evaluation,
17as well as any other tests or observations that in the
18professional judgment of the doctor are necessary. Vision and
19hearing screening tests, which shall not be considered
20examinations as that term is used in this Section, shall be
21conducted in accordance with rules and regulations of the
22Department of Public Health, and by individuals whom the
23Department of Public Health has certified. In these rules and
24regulations, the Department of Public Health shall require that
25individuals conducting vision screening tests give a child's
26parent or guardian written notification, before the vision

 

 

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1screening is conducted, that states, "Vision screening is not a
2substitute for a complete eye and vision evaluation by an eye
3doctor. Your child is not required to undergo this vision
4screening if an optometrist or ophthalmologist has completed
5and signed a report form indicating that an examination has
6been administered within the previous 12 months.".
7    (2.5) With respect to the developmental screening and the
8social and emotional screening portion of the health
9examination, each child may present proof of having been
10screened in accordance with this Section and the rules adopted
11under this Section before October 15th of the school year. With
12regard to the social and emotional screening only, the
13examining health care provider shall only record whether or not
14the screening was completed. If the child fails to present
15proof of the developmental screening or the social and
16emotional screening portions of the health examination by
17October 15th of the school year, qualified school support
18personnel may, with a parent's or guardian's consent, offer the
19developmental screening or the social and emotional screening
20to the child. Each public, private, and parochial school must
21give notice of the developmental screening and social and
22emotional screening requirements to the parents and guardians
23of students in compliance with the rules of the Department of
24Public Health. Nothing in this Section shall be construed to
25allow a school to exclude a child from attending because of a
26parent's or guardian's failure to obtain a developmental

 

 

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1screening or a social and emotional screening for the child.
2Once a developmental screening or a social and emotional
3screening is completed and proof has been presented to the
4school, the school may, with a parent's or guardian's consent,
5make available appropriate school personnel to work with the
6parent or guardian, the child, and the provider who signed the
7screening form to obtain any appropriate evaluations and
8services as indicated on the form and in other information and
9documentation provided by the parents, guardians, or provider.
10    (3) Every child shall, at or about the same time as he or
11she receives a health examination required by subsection (1) of
12this Section, present to the local school proof of having
13received such immunizations against preventable communicable
14diseases as the Department of Public Health shall require by
15rules and regulations promulgated pursuant to this Section and
16the Communicable Disease Prevention Act.
17    (4) The individuals conducting the health examination,
18dental examination, or eye examination shall record the fact of
19having conducted the examination, and such additional
20information as required, including for a health examination
21data relating to asthma and obesity (including at a minimum,
22date of birth, gender, height, weight, blood pressure, and date
23of exam), on uniform forms which the Department of Public
24Health and the State Board of Education shall prescribe for
25statewide use. The examiner shall summarize on the report form
26any condition that he or she suspects indicates a need for

 

 

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1special services, including for a health examination factors
2relating to asthma or obesity. The duty to summarize on the
3report form does not apply to social and emotional screenings.
4The confidentiality of the information and records relating to
5the developmental screening and the social and emotional
6screening shall be determined by the statutes, rules, and
7professional ethics governing the type of provider conducting
8the screening. The individuals confirming the administration
9of required immunizations shall record as indicated on the form
10that the immunizations were administered.
11    (5) If a child does not submit proof of having had either
12the health examination or the immunization as required, then
13the child shall be examined or receive the immunization, as the
14case may be, and present proof by October 15 of the current
15school year, or by an earlier date of the current school year
16established by a school district. To establish a date before
17October 15 of the current school year for the health
18examination or immunization as required, a school district must
19give notice of the requirements of this Section 60 days prior
20to the earlier established date. If for medical reasons one or
21more of the required immunizations must be given after October
2215 of the current school year, or after an earlier established
23date of the current school year, then the child shall present,
24by October 15, or by the earlier established date, a schedule
25for the administration of the immunizations and a statement of
26the medical reasons causing the delay, both the schedule and

 

 

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1the statement being issued by the physician, advanced practice
2registered nurse, physician assistant, registered nurse, or
3local health department that will be responsible for
4administration of the remaining required immunizations. If a
5child does not comply by October 15, or by the earlier
6established date of the current school year, with the
7requirements of this subsection, then the local school
8authority shall exclude that child from school until such time
9as the child presents proof of having had the health
10examination as required and presents proof of having received
11those required immunizations which are medically possible to
12receive immediately. During a child's exclusion from school for
13noncompliance with this subsection, the child's parents or
14legal guardian shall be considered in violation of Section 26-1
15and subject to any penalty imposed by Section 26-10. This
16subsection (5) does not apply to dental examinations, eye
17examinations, and the developmental screening and the social
18and emotional screening portions of the health examination. If
19the student is an out-of-state transfer student and does not
20have the proof required under this subsection (5) before
21October 15 of the current year or whatever date is set by the
22school district, then he or she may only attend classes (i) if
23he or she has proof that an appointment for the required
24vaccinations has been scheduled with a party authorized to
25submit proof of the required vaccinations. If the proof of
26vaccination required under this subsection (5) is not submitted

 

 

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1within 30 days after the student is permitted to attend
2classes, then the student is not to be permitted to attend
3classes until proof of the vaccinations has been properly
4submitted. No school district or employee of a school district
5shall be held liable for any injury or illness to another
6person that results from admitting an out-of-state transfer
7student to class that has an appointment scheduled pursuant to
8this subsection (5).
9    (6) Every school shall report to the State Board of
10Education by November 15, in the manner which that agency shall
11require, the number of children who have received the necessary
12immunizations and the health examination (other than a dental
13examination or eye examination) as required, indicating, of
14those who have not received the immunizations and examination
15as required, the number of children who are exempt from health
16examination and immunization requirements on religious or
17medical grounds as provided in subsection (8). On or before
18December 1 of each year, every public school district and
19registered nonpublic school shall make publicly available the
20immunization data they are required to submit to the State
21Board of Education by November 15. The immunization data made
22publicly available must be identical to the data the school
23district or school has reported to the State Board of
24Education.
25    Every school shall report to the State Board of Education
26by June 30, in the manner that the State Board requires, the

 

 

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1number of children who have received the required dental
2examination, indicating, of those who have not received the
3required dental examination, the number of children who are
4exempt from the dental examination on religious grounds as
5provided in subsection (8) of this Section and the number of
6children who have received a waiver under subsection (1.5) of
7this Section.
8    Every school shall report to the State Board of Education
9by June 30, in the manner that the State Board requires, the
10number of children who have received the required eye
11examination, indicating, of those who have not received the
12required eye examination, the number of children who are exempt
13from the eye examination as provided in subsection (8) of this
14Section, the number of children who have received a waiver
15under subsection (1.10) of this Section, and the total number
16of children in noncompliance with the eye examination
17requirement.
18    The reported information under this subsection (6) shall be
19provided to the Department of Public Health by the State Board
20of Education.
21    (7) Upon determining that the number of pupils who are
22required to be in compliance with subsection (5) of this
23Section is below 90% of the number of pupils enrolled in the
24school district, 10% of each State aid payment made pursuant to
25Section 18-8.05 or 18-8.15 to the school district for such year
26may be withheld by the State Board of Education until the

 

 

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1number of students in compliance with subsection (5) is the
2applicable specified percentage or higher.
3    (8) Children of parents or legal guardians who object to
4health, dental, or eye examinations or any part thereof, to
5immunizations, or to vision and hearing screening tests on
6religious grounds shall not be required to undergo the
7examinations, tests, or immunizations to which they so object
8if such parents or legal guardians present to the appropriate
9local school authority a signed Certificate of Religious
10Exemption detailing the grounds for objection and the specific
11immunizations, tests, or examinations to which they object. The
12grounds for objection must set forth the specific religious
13belief that conflicts with the examination, test,
14immunization, or other medical intervention. The signed
15certificate shall also reflect the parent's or legal guardian's
16understanding of the school's exclusion policies in the case of
17a vaccine-preventable disease outbreak or exposure. The
18certificate must also be signed by the authorized examining
19health care provider responsible for the performance of the
20child's health examination confirming that the provider
21provided education to the parent or legal guardian on the
22benefits of immunization and the health risks to the student
23and to the community of the communicable diseases for which
24immunization is required in this State. However, the health
25care provider's signature on the certificate reflects only that
26education was provided and does not allow a health care

 

 

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1provider grounds to determine a religious exemption. Those
2receiving immunizations required under this Code shall be
3provided with the relevant vaccine information statements that
4are required to be disseminated by the federal National
5Childhood Vaccine Injury Act of 1986, which may contain
6information on circumstances when a vaccine should not be
7administered, prior to administering a vaccine. A healthcare
8provider may consider including without limitation the
9nationally accepted recommendations from federal agencies such
10as the Advisory Committee on Immunization Practices, the
11information outlined in the relevant vaccine information
12statement, and vaccine package inserts, along with the
13healthcare provider's clinical judgment, to determine whether
14any child may be more susceptible to experiencing an adverse
15vaccine reaction than the general population, and, if so, the
16healthcare provider may exempt the child from an immunization
17or adopt an individualized immunization schedule. The
18Certificate of Religious Exemption shall be created by the
19Department of Public Health and shall be made available and
20used by parents and legal guardians by the beginning of the
212015-2016 school year. Parents or legal guardians must submit
22the Certificate of Religious Exemption to their local school
23authority prior to entering kindergarten, sixth grade, and
24ninth grade for each child for which they are requesting an
25exemption. The religious objection stated need not be directed
26by the tenets of an established religious organization.

 

 

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1However, general philosophical or moral reluctance to allow
2physical examinations, eye examinations, immunizations, vision
3and hearing screenings, or dental examinations does not provide
4a sufficient basis for an exception to statutory requirements.
5The local school authority is responsible for determining if
6the content of the Certificate of Religious Exemption
7constitutes a valid religious objection. The local school
8authority shall inform the parent or legal guardian of
9exclusion procedures, in accordance with the Department's
10rules under Part 690 of Title 77 of the Illinois Administrative
11Code, at the time the objection is presented.
12    If the physical condition of the child is such that any one
13or more of the immunizing agents should not be administered,
14the examining physician, advanced practice registered nurse,
15or physician assistant responsible for the performance of the
16health examination shall endorse that fact upon the health
17examination form.
18    Exempting a child from the health, dental, or eye
19examination does not exempt the child from participation in the
20program of physical education training provided in Sections
2127-5 through 27-7 of this Code.
22    (8.5) The school board of a school district shall include
23informational materials regarding influenza and influenza
24vaccinations and meningococcal disease and meningococcal
25vaccinations developed, provided, or approved by the
26Department of Public Health under Section 2310-700 of the

 

 

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1Department of Public Health Powers and Duties Law of the Civil
2Administrative Code of Illinois when the board provides
3information on immunizations, infectious diseases,
4medications, or other school health issues to the parents or
5guardians of students.
6    (9) For the purposes of this Section, "nursery schools"
7means those nursery schools operated by elementary school
8systems or secondary level school units or institutions of
9higher learning.
10(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15;
1199-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff.
121-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised
139-22-17.)