Public Act 097-0216
 
HB3035 EnrolledLRB097 06008 NHT 46079 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 
sixth 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. Any child 
who received a health examination within one year prior to 
entering the fifth grade for the 2007-2008 school year is not 
required to receive an additional health examination in order 
to comply with the provisions of Public Act 95-422 when he or 
she attends school for the 2008-2009 school year, unless the 
child is attending school for the first time as provided in 
this paragraph. 
    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 examinations, may be required when deemed 
necessary by school
authorities.  Parents are encouraged to have 
their children undergo eye 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

required by this Section 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 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,


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. Until June 30, 2015 2012, if 
the student is an out-of-state transfer student and does not 
have the proof required under this subsection (5) before 
October 15 of the current year or whatever date is set by the 
school district, then he or she may only attend classes (i) if 
he or she has proof that an appointment for the required 
vaccinations has been scheduled with a party authorized to 
submit proof of the required vaccinations. If the proof of 
vaccination required under this subsection (5) is not submitted 
within 30 days after the student is permitted to attend 
classes, then the student is not to be permitted to attend 
classes until proof of the vaccinations has been properly 
submitted. No school district or employee of a school district 
shall be held liable for any injury or illness to another 
person that results from admitting an out-of-state transfer 
student to class that has an appointment scheduled pursuant to 
this subsection (5). 
    (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 may be 
withheld
by the State Board of Education 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,


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,


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. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 
95-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff. 
7-16-08; 95-876, eff. 8-21-08; 96-953, eff. 6-28-10.)
 
    Section 10. The Illinois School Student Records Act is 
amended  by changing Section 8.1 as follows:
 
    (105 ILCS 10/8.1)  (from Ch. 122, par. 50-8.1)
    Sec. 8.1. (a) No school may refuse to admit or enroll a 
student
because of that student's failure to present his 
student permanent or
temporary record from a school previously 
attended.
    (b) When a new student applies for admission to a school 
and does not
present his school student record, such school may 
notify the school or
school district last attended by such 
student, requesting that the
student's school student record be 
copied and sent to it; such request
shall be honored within 10 
days after it is received.  Within
10 days after receiving a 
request from the Department of Children and
Family Services, 
the school district last attended by the student shall
send the 
student's school student record to the receiving school 
district.
    (c) In the case of a transfer between school districts of a 
student
who is eligible for special education and related 
services, when the parent
or guardian of the student presents a 
copy of the student's then current
individualized education 
program (IEP) to the new school, the student shall
be placed in 
a special education program in accordance with that described

in the student's IEP.
    (d) Until June 30, 2015 2012, out-of-state transfer 
students, including children of military personnel that 
transfer into this State, may use unofficial transcripts for 
admission to a school until official transcripts are obtained 
from his or her last school district. 
(Source: P.A. 96-953, eff. 6-28-10.)
 
    Section 15. The Educational Opportunity for Military 
Children Act is amended  by changing Sections 40 and 995 as 
follows:
 
    (105 ILCS 70/40)
    (Section scheduled to be repealed on June 30, 2012)

    Sec. 40. State coordination. 
    (a)  Each member state of the Interstate Commission on 
Educational Opportunity for Military Children shall, through 
the creation of a State Council or
use of an existing body or 
board, provide for the coordination among its
agencies of 
government, local education agencies, and military

installations concerning the State's participation in and 
compliance
with the compact and Interstate Commission 
activities. The State Council shall be comprised of the 
Illinois P-20 Council, representatives appointed by the 
Illinois P-20 Council from the 3 school districts in this State 
with the highest percentage of children from military families, 
and one non-voting  representative appointed by each 
active-duty military installation commander in this State.  In 
this State, the Illinois P-20 Council and representatives 
appointed by the Illinois P-20 Council from the 3 school 
districts in this State with the highest percentage of children 
from military families shall constitute the State Council.
    (b)  The compact commissioner responsible for the 
administration and
management of the State's participation in 
the compact shall be
appointed by the State Council.

(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/995)
    (Section scheduled to be repealed on June 30, 2012)

    Sec. 995. Repealer. This Act is repealed on June 30, 2015 
2012.

(Source: P.A. 96-953, eff. 6-28-10.)