TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 664 SOCIO-EMOTIONAL AND DEVELOPMENTAL SCREENING
SECTION 664.150 SCHOOLS


 

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.