Illinois General Assembly - Full Text of SB0565
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Full Text of SB0565  99th General Assembly

SB0565sam003 99TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/7/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 565

2    AMENDMENT NO. ______. Amend Senate Bill 565, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
627-8.1 as follows:
 
7    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
8    Sec. 27-8.1. Health examinations and immunizations.
9    (1) In compliance with rules and regulations which the
10Department of Public Health shall promulgate, and except as
11hereinafter provided, all children in Illinois shall have a
12health examination as follows: within one year prior to
13entering kindergarten or the first grade of any public,
14private, or parochial elementary school; upon entering the
15sixth and ninth grades of any public, private, or parochial
16school; prior to entrance into any public, private, or

 

 

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1parochial nursery school; and, irrespective of grade,
2immediately prior to or upon entrance into any public, private,
3or parochial school or nursery school, each child shall present
4proof of having been examined in accordance with this Section
5and the rules and regulations promulgated hereunder. Any child
6who received a health examination within one year prior to
7entering the fifth grade for the 2007-2008 school year is not
8required to receive an additional health examination in order
9to comply with the provisions of Public Act 95-422 when he or
10she attends school for the 2008-2009 school year, unless the
11child is attending school for the first time as provided in
12this paragraph.
13    A tuberculosis skin test screening shall be included as a
14required part of each health examination included under this
15Section if the child resides in an area designated by the
16Department of Public Health as having a high incidence of
17tuberculosis. Additional health examinations of pupils,
18including eye examinations, may be required when deemed
19necessary by school authorities. Parents are encouraged to have
20their children undergo eye examinations at the same points in
21time required for health examinations.
22    (1.5) In compliance with rules adopted by the Department of
23Public Health and except as otherwise provided in this Section,
24all children in kindergarten and the second and sixth grades of
25any public, private, or parochial school shall have a dental
26examination. Each of these children shall present proof of

 

 

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1having been examined by a dentist in accordance with this
2Section and rules adopted under this Section before May 15th of
3the school year. If a child in the second or sixth grade fails
4to present proof by May 15th, the school may hold the child's
5report card until one of the following occurs: (i) the child
6presents proof of a completed dental examination or (ii) the
7child presents proof that a dental examination will take place
8within 60 days after May 15th. The Department of Public Health
9shall establish, by rule, a waiver for children who show an
10undue burden or a lack of access to a dentist. Each public,
11private, and parochial school must give notice of this dental
12examination requirement to the parents and guardians of
13students at least 60 days before May 15th of each school year.
14    (1.10) Except as otherwise provided in this Section, all
15children enrolling in kindergarten in a public, private, or
16parochial school on or after the effective date of this
17amendatory Act of the 95th General Assembly and any student
18enrolling for the first time in a public, private, or parochial
19school on or after the effective date of this amendatory Act of
20the 95th General Assembly shall have an eye examination. Each
21of these children shall present proof of having been examined
22by a physician licensed to practice medicine in all of its
23branches or a licensed optometrist within the previous year, in
24accordance with this Section and rules adopted under this
25Section, before October 15th of the school year. If the child
26fails to present proof by October 15th, the school may hold the

 

 

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1child's report card until one of the following occurs: (i) the
2child presents proof of a completed eye examination or (ii) the
3child presents proof that an eye examination will take place
4within 60 days after October 15th. The Department of Public
5Health shall establish, by rule, a waiver for children who show
6an undue burden or a lack of access to a physician licensed to
7practice medicine in all of its branches who provides eye
8examinations or to a licensed optometrist. Each public,
9private, and parochial school must give notice of this eye
10examination requirement to the parents and guardians of
11students in compliance with rules of the Department of Public
12Health. Nothing in this Section shall be construed to allow a
13school to exclude a child from attending because of a parent's
14or guardian's failure to obtain an eye examination for the
15child.
16    (2) The Department of Public Health shall promulgate rules
17and regulations specifying the examinations and procedures
18that constitute a health examination, which shall include a
19developmental screening for children under the age of 19 years,
20social and emotional screening developed in conjunction with an
21organization representing school districts, and the collection
22of data relating to obesity (including at a minimum, date of
23birth, gender, height, weight, blood pressure, and date of
24exam), and a dental examination and may recommend by rule that
25certain additional examinations be performed. The rules and
26regulations of the Department of Public Health shall specify

 

 

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1that a tuberculosis skin test screening shall be included as a
2required part of each health examination included under this
3Section if the child resides in an area designated by the
4Department of Public Health as having a high incidence of
5tuberculosis. With respect to social and emotional screening,
6the rules shall, at a minimum, recommend the use of a validated
7screening tool such as the Ages and Stages Social-Emotional
8Questionnaire or the Pediatric Symptom Checklist or another
9validated screening tool as recommended by the Illinois Chapter
10of the American Academy of Pediatrics, shall provide that
11social and emotional screenings are not intended to replace or
12duplicate healthcare systems conducting screening and
13anticipatory guidance consistent with 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, advanced practice nurses who have a written
22collaborative agreement with a collaborating physician which
23authorizes them to perform health examinations, or physician
24assistants who have been delegated the performance of health
25examinations by their supervising physician shall be
26responsible for the performance of the health examinations,

 

 

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

 

 

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1regulations, the Department of Public Health shall require that
2individuals conducting vision screening tests give a child's
3parent or guardian written notification, before the vision
4screening is conducted, that states, "Vision screening is not a
5substitute for a complete eye and vision evaluation by an eye
6doctor. Your child is not required to undergo this vision
7screening if an optometrist or ophthalmologist has completed
8and signed a report form indicating that an examination has
9been administered within the previous 12 months."
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 obesity (including at a minimum, date of
22birth, gender, height, weight, blood pressure, and date of
23exam), on uniform forms which the Department of Public Health
24and the State Board of Education shall prescribe for statewide
25use. The examiner shall summarize on the report form any
26condition that he or she suspects indicates a need for special

 

 

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1services, including for a health examination factors relating
2to obesity. Regarding social and emotional functioning,
3information must be shared in a manner consistent with laws and
4policies governing healthcare confidentiality. The individuals
5confirming the administration of required immunizations shall
6record as indicated on the form that the immunizations were
7administered.
8    (5) If a child does not submit proof of having had either
9the health examination or the immunization as required, then
10the child shall be examined or receive the immunization, as the
11case may be, and present proof by October 15 of the current
12school year, or by an earlier date of the current school year
13established by a school district. To establish a date before
14October 15 of the current school year for the health
15examination or immunization as required, a school district must
16give notice of the requirements of this Section 60 days prior
17to the earlier established date. If for medical reasons one or
18more of the required immunizations must be given after October
1915 of the current school year, or after an earlier established
20date of the current school year, then the child shall present,
21by October 15, or by the earlier established date, a schedule
22for the administration of the immunizations and a statement of
23the medical reasons causing the delay, both the schedule and
24the statement being issued by the physician, advanced practice
25nurse, physician assistant, registered nurse, or local health
26department that will be responsible for administration of the

 

 

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1remaining required immunizations. If a child does not comply by
2October 15, or by the earlier established date of the current
3school year, with the requirements of this subsection, then the
4local school authority shall exclude that child from school
5until such time as the child presents proof of having had the
6health examination as required and presents proof of having
7received those required immunizations which are medically
8possible to receive immediately. During a child's exclusion
9from school for noncompliance with this subsection, the child's
10parents or legal guardian shall be considered in violation of
11Section 26-1 and subject to any penalty imposed by Section
1226-10. This subsection (5) does not apply to dental
13examinations and eye examinations. If the student is an
14out-of-state transfer student and does not have the proof
15required under this subsection (5) before October 15 of the
16current year or whatever date is set by the school district,
17then he or she may only attend classes (i) if he or she has
18proof that an appointment for the required vaccinations has
19been scheduled with a party authorized to submit proof of the
20required vaccinations. If the proof of vaccination required
21under this subsection (5) is not submitted within 30 days after
22the student is permitted to attend classes, then the student is
23not to be permitted to attend classes until proof of the
24vaccinations has been properly submitted. No school district or
25employee of a school district shall be held liable for any
26injury or illness to another person that results from admitting

 

 

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1an out-of-state transfer student to class that has an
2appointment scheduled pursuant to this subsection (5).
3    (6) Every school shall report to the State Board of
4Education by November 15, in the manner which that agency shall
5require, the number of children who have received the necessary
6immunizations and the health examination (other than a dental
7examination or eye examination) as required, indicating, of
8those who have not received the immunizations and examination
9as required, the number of children who are exempt from health
10examination and immunization requirements on religious or
11medical grounds as provided in subsection (8). On or before
12December 1 of each year, every public school district and
13registered nonpublic school shall make publicly available the
14immunization data they are required to submit to the State
15Board of Education by November 15. The immunization data made
16publicly available must be identical to the data the school
17district or school has reported to the State Board of
18Education.
19    Every school shall report to the State Board of Education
20by June 30, in the manner that the State Board requires, the
21number of children who have received the required dental
22examination, indicating, of those who have not received the
23required dental examination, the number of children who are
24exempt from the dental examination on religious grounds as
25provided in subsection (8) of this Section and the number of
26children who have received a waiver under subsection (1.5) of

 

 

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

 

 

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1immunizations to which they so object if such parents or legal
2guardians present to the appropriate local school authority a
3signed statement of objection, detailing the grounds for the
4objection. If the physical condition of the child is such that
5any one or more of the immunizing agents should not be
6administered, the examining physician, advanced practice
7nurse, or physician assistant responsible for the performance
8of the health examination shall endorse that fact upon the
9health examination form. Exempting a child from the health,
10dental, or eye examination does not exempt the child from
11participation in the program of physical education training
12provided in Sections 27-5 through 27-7 of this Code.
13    (9) For the purposes of this Section, "nursery schools"
14means those nursery schools operated by elementary school
15systems or secondary level school units or institutions of
16higher learning.
17(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
18eff. 6-30-14.)".