AUTHORITY: Implementing and authorized by Section 27-8.1 of the School Code [105 ILCS 5].

SOURCE: Adopted at 46 Ill. Reg. 8337, effective May 5, 2022.

SUBPART A: APPLICABILITY AND GENERAL PROVISIONS

 

Section 664.10  Applicability

 

These rules are authorized by Section 27-8.1(2) of the School Code and apply only to socio-emotional and developmental screening services performed as part of a child health examination.

 

Section 664.20  Definitions

 

"Act" means the School Code [105 ILCS 5].

 

"Advanced practice registered nurse" or "APRN" means a person who has met the qualifications for a certified nurse midwife (CNM), certified nurse practitioner (CNP), certified registered nurse anesthetist (CRNA), or clinical nurse specialist (CNS) and has been licensed by the Department. All advanced practice registered nurses may only practice in accordance with national certification and the Nurse Practice Act [225 ILCS 65].

 

"Child Health Examination Form" means the form prescribed by the Department and the Illinois State Board of Education for reporting health examinations pursuant to the Child Health Examination Code.

 

"Department" or "IDPH" means the Illinois Department of Public Health.

 

"Developmental screening" means a screening based on research that asks questions about key dimensions of a child's development, including but not limited to motor and physical skills, cognitive skills, communication, and language skills, and self-help skills.

 

"Emancipated minor" has the meaning ascribed to it by the Emancipation of Minors Act [750 ILCS 30].

 

"Health care provider" or "health provider" means a physician, advanced practice registered nurse, or physician assistant who is authorized to conduct health examinations under Section 27-8.1(2) of the School Code [105 ILCS 5].

 

"Informed consent" means consent voluntarily given, by a parent, guardian or an emancipated minor after being informed of the nature, purpose, benefits, and potential uses of screening.

 

"Licensed clinical psychologist" means a person who is licensed as a clinical psychologist under the Clinical Psychologist Licensing Act [225 ILCS 15].

 

"Licensed clinical social worker" means a person who is licensed as a social worker under the Clinical Social Work and Social Work Practice Act [225 ILCS 20].

 

"Local school authority" means that person designated pursuant to the Act by the governing body of the school.

 

"Parent" means the person who has legal responsibility for the student and includes the term "guardian".

 

"Physician" means a person who is licensed to practice medicine in all of its branches as provided in the Medical Practice Act of 1987 [225 ILCS 60].

 

"Physician assistant" or "PA" means a person who is licensed as a physician assistant under the Physician Assistant Practice Act of 1987 [225 ILCS 95].

 

"Qualified school support personnel" means persons designated and qualified, as provided for in Section 664.110, to administer, review or interpret the results of a validated screening tool.

 

"School", for purposes of this Part, means an institution for educating children of compulsory school age, as set forth in Section 26-1 of the School Code [105 ILCS 5/26-1]. A school may be public, private, or parochial in nature.

 

"Screening" means administration of a validated screening tool to a student, designed to identify social, emotional or developmental needs.

 

"Screening results" means written and/or narrative interpretation of the findings by the health care provider or qualified school support personnel administering and interpreting the validated screening tools, including the completed validated screening tools.

 

"Social and emotional screening" or "socio-emotional screening" means a validated screening tool that asks questions about a child or youth's social and emotional skills, including but not limited to: self-awareness, self-management, social-awareness, interpersonal skills, decision-making, mood management, and responsible behaviors in personal, school, and community contexts.

 

"Validated screening tool" means a scientifically sound tool that has been psychometrically validated by the Department and is used in screening.

 

Section 664.30  Referenced Materials

 

a)         The following statutes and rules are referenced in this Part.

 

1)         Federal Statutes:

 

A)        Family Educational Rights and Privacy Act (FERPA) [20 U.S.C. 232]

 

B)        Health Insurance Portability and Accountability Act of 1996 (HIPAA) [110 U.S.C. 1936]

 

2)         State of Illinois Statutes:

 

A)        School Code [105 ILCS 5]

 

B)        Nurse Practice Act [225 ILCS 65]

 

C)        Medical Practice Act of 1987 [225 ILCS 60]

 

D)        Physician Assistant Practice Act of 1987 [225 ILCS 95]

 

E)        Emancipation of Minors Act [750 ILCS 30]

 

F)         Clinical Psychologist Licensing Act [225 ILCS 15]

 

G)        Clinical Social Work and Social Work Practice Act [225 ILCS 20]

 

3)         State of Illinois Administrative Rules:

 

A)        Child and Student Health Examination and Immunization Code (77 Ill. Adm. Code 665)

 

B)        School-Based/Linked Health Centers (77 Ill. Adm. Code 641)

 

C)        Standards for School Support Personnel Endorsements (23 Ill. Adm. Code 23)

SUBPART B: STANDARDS AND PROCEDURES FOR SOCIO-EMOTIONAL AND DEVELOPMENTAL SCREENING

 

Section 664.100  Validated Screening Tools

 

The Department will make available on its website a list of age-appropriate, validated developmental and socio-emotional screening tools for use by qualified school support personnel and health care providers.  Only tools listed on the Department's website may be used.  Persons may petition to add tools to the Department's website by using forms provided at https://www.dph.illinois.gov/topics-services/life-stages-populations/maternal-child-family-health-services/school-health.

 

a)         Anyone may petition the Department to add validated screening tools to its list.  A petitioner shall file one original petition per validated tool. For a petition to be processed and reviewed, it must include the following information:

 

1)         A complete description of the screening tool, including a sample of the tool and evidence of validation, including but not limited to a description of those populations, age groups, languages and ethnicities for which the tools are validated;

 

2)         A list of the type of individuals, and their credentials, who are qualified to conduct the screening;

 

3)         A list of the type of individuals, and their credentials, who are qualified to interpret the screening;

 

4)         A narrative explanation of how the tool satisfies these requirements set forth in this Part;

 

5)         If the petitioner has a business interest in the tool, a disclosure of such interest;

 

6)         The petitioner's name, address, and phone number and, if the petitioner has a business interest in the tool, complete contact information for the business; and

 

7)         Any additional information the petitioner wishes to include.

 

b)         The Department will assess the petitions put forth, based on the required petition elements outlined in subsection (a), to determine if a proposed tool meets the requirements of the statute. Specifically, the Department will look to ensure that there is sufficient evidence (including in peer-reviewed journals) that the tool is valid for the ages, screenings, and populations (including languages) the petitioner proposes. The Department will also review available literature to determine whether there are peer-reviewed studies showing evidence that the tool is not valid for the ages, screenings, and populations proposed.

 

Section 664.110  Minimum Qualifications of Persons Administering Screenings in a School

 

Persons administering screenings in schools shall minimally be:

 

a)         A licensed clinical social worker;

 

b)         A licensed clinical psychologist;

 

c)         A licensed physician;

 

d)         A licensed APRN; or

 

e)         A licensed physician assistant.

 

Section 664.120  Frequency of Screening

 

Socio-emotional and developmental screenings shall be performed in accordance with Section 27-8.1(2.5) of the School Code, and shall be done in conjunction with the school physical form and the child health examination as provided for in the School Code within one year prior to 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 parochial preschool; and, irrespective of grade, immediately prior to or upon entrance into any public, private, or parochial school or preschool. [105 ILCS 5/27-8.1]

 

Section 664.130  Reporting

 

a)         Proof of Screening

 

1)         Developmental Screenings: Each child may present proof of having been screened to the local school authority in accordance with Section 27-8.1(2.5) of the School Code before October 15th of the school year in which screening is required. Proof of whether the developmental screening was completed or is inapplicable shall be recorded on the Certificate of Child Health Examination that the Department of Public Health and the Illinois State Board of Education prescribe for statewide use.  The required form is the Certificate of Child Health Examination provided by the Department at https://www.dph.illinois.gov/sites/default/files/forms/certificate-ofchild-health-examination-03032017.pdf. [105 ILCS 5/27-8.1]

 

2)         Socio-emotional Screenings: Each child may present proof of having been screened to the local school authority in accordance with Section 27-8.1(2.5) of the School Code before October 15th of the school year in which screening is required. A notation of whether or not the socio-emotional screening was completed shall be recorded on the forms that the Department of Public Health and the Illinois State Board of Education prescribed for statewide use. The required form is the Certificate of Child Health Examination provided by the Department. The report form is available on the Department's website. [105 ILCS 5/27-8.1]

 

b)         Screening Results may, with the written consent of the parent, be shared with the local school authority. Results of screenings shall not be recorded on the Certificate of Child Health Examination.

 

Section 664.140  Failure to Screen

 

a)         If the child fails to present proof of the developmental screening or the social and emotional screening portions of the health examination by October 15^th 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. [105 ILCS 5/27-8.1]

 

b)         Nothing in this Part 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. [105 ILCS 5/27-8.1]

 

Section 664.150  Schools

 

a)         Screening Locations

Screenings may be administered in schools or administrative buildings where the qualified school support personnel shall ensure the student's privacy during administration and reporting of results.

 

b)         Confidentiality

 

1)         The confidentiality of the information and records relating to the developmental screening and the social emotional screening, and the manner in which confidentiality is protected and maintained, shall be determined by statutes, rules, and professional ethics governing the type of provider conducting the screening and interpretation. [105 ILCS 5/27-8.1]

 

2)         The screening results shall only be given to the parent and shall not be recorded in the student's school records.

 

c)         School Responsibilities

 

1)         Each public, private, and parochial school, and preschool, must give notice of the developmental screening and social and emotional screening requirements to the parents and guardians of students in compliance with this Part. [105 ILCS 5/27-8.1]

 

2)         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 [105 ILCS 5/27-8.1].

 

d)         Informed Consent at Schools

 

1)         Screenings may only be performed after consent is given by the parent or the student, in the case of an emancipated minor.

 

2)         Informed consent shall be obtained as follows:

 

A)        The procedure for obtaining consent shall include written notification to the student's parent or guardian explaining the nature of the screening that may be performed and alternative methods by which the screening can be obtained from a health care provider.

 

B)        A written notification including, at a minimum, the following information shall be provided to the parent:

 

i)          Acknowledgement that the screening is recommended but that no student will be denied enrollment if a screening is not performed;

 

ii)         Information about who will administer the screening and how the results will be disseminated;

 

iii)        An explanation that the screening results will be maintained in accordance with FERPA and HIPAA when applicable; and

 

iv)        An explanation that a parent or guardian can have the screening done by a health care provider outside of the school.