Public Act 098-0673
 
HB3939 EnrolledLRB098 15500 NHT 50530 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 Sections
10-20.12 and 27-8.1 as follows:
 
    (105 ILCS 5/10-20.12)  (from Ch. 122, par. 10-20.12)
    Sec. 10-20.12. School year - School age. To establish and
keep in operation in each year during a school term of at least
the minimum length required by Section 10-19, a sufficient
number of free schools for the accommodation of all persons in
the district who are 5 years of age or older but under 21 years
of age, and to secure for all such persons the right and
opportunity to an equal education in such schools; provided
that (i) children who will attain the age of 5 years on or
before September 1 of the year of the 1990-1991 school term and
each school term thereafter may attend school upon the
commencement of such term and (ii) based upon an assessment of
the child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain the age of 6 years on or
before December 31 of the year of the 2009-2010 school term and
each school term thereafter may attend first grade upon
commencement of such term. However, Section 33 of the
Educational Opportunity for Military Children Act shall apply
to children of active duty military personnel. Based upon an
assessment of a child's readiness to attend school, a school
district may permit a child to attend school prior to the dates
contained in this Section. In any school district operating on
a full year school basis children who will attain age 5 within
30 days after the commencement of a term may attend school upon
the commencement of such term and, based upon an assessment of
the child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain age 6 within 4 months after
the commencement of a term may attend first grade upon the
commencement of such term. The school district may, by
resolution of its board, allow for a full year school plan.
(Source: P.A. 96-864, eff. 1-21-10.)
 
    (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. If Until June 30, 2015, 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). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
    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.
    The reported information under this subsection (6) 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. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12;
97-910, eff. 1-1-13.)
 
    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) Out-of-state Until June 30, 2015, 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, including
children of military personnel that transfer into this State,
subject to Section 32 of the Educational Opportunity for
Military Children Act.
(Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.)
 
    Section 15. The Educational Opportunity for Military
Children Act is amended by changing Sections 5, 10, 20, 25, 35,
and 40 and by adding Sections 32 and 33 as follows:
 
    (105 ILCS 70/5)
    (Section scheduled to be repealed on June 30, 2015)
    Sec. 5. Purpose. It is the purpose of this Act to remove
barriers to educational success imposed on children of active
duty military personnel families because of frequent moves and
deployment of their parents by:
        (1) facilitating the timely enrollment of children of
    active duty military personnel families and ensuring that
    they are not placed at a disadvantage due to difficulty in
    the transfer of educational records from the previous
    school district;
        (2) facilitating the student placement process through
    which children of active duty military personnel families
    are not disadvantaged by variations in attendance
    requirements, scheduling, sequencing, or assessment;
        (3) facilitating the qualification and eligibility for
    enrollment and educational programs of children of active
    duty military personnel;
        (4) facilitating the on-time graduation of children of
    active duty military personnel families; and
        (5) promoting flexibility and cooperation between the
    educational system, parents, and the student in order to
    achieve educational success for the student.
(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/10)
    (Section scheduled to be repealed on June 30, 2015)
    Sec. 10. Findings; authority to enter into compact. The
General Assembly finds and declares that this State recognizes
that there is created an Interstate Commission on Educational
Opportunity for Military Children through the Council of State
Governments, in cooperation with the U.S. Department of Defense
Office of Personnel and Readiness, for addressing the needs of
students in transition. The Interstate Commission on
Educational Opportunity for Military Children is a group of
member states who have joined to create laws easing the
transition of children of active duty military personnel
families. The Governor of this State is authorized and directed
to enter into a compact governed by this Act on behalf of this
State with any of the United States legally joining therein.
(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/20)
    (Section scheduled to be repealed on June 30, 2015)
    Sec. 20. Definitions. For purposes of this Act:
    "Active duty military personnel" means active duty members
of the uniformed military services, including any of the
following:
        (1) Members of the National Guard and Reserve that are
    on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C.
    1211.
        (2) Members or veterans of the uniformed services who
    are severely injured and medically discharged or retired
    for a period of one year after medical discharge or
    retirement.
        (3) Members of the uniformed services who die on active
    duty for a period of one year after death.
    "Non-custodial parent" means a person who has temporary
custody of the child of any active duty military personnel and
who is responsible for making decisions for that child.
    "State Council" means the Illinois P-20 Council and
additional representatives appointed by the Illinois P-20
Council as provided under Section 40 of this Act.
(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/25)
    (Section scheduled to be repealed on June 30, 2015)
    Sec. 25. Tuition for children of active duty military
personnel who are transfer students. (a) For purposes of this
Section, "non-custodial parent" means a person who has
temporary custody of the child of active duty military
personnel and who is responsible for making decisions for that
child. (b) If a student who is a child of active duty military
personnel is (i) placed with a non-custodial parent and (ii) as
a result of placement, must attend a non-resident school
district, then the student must not be charged the tuition of
the school that the student attends as a result of placement
with the non-custodial parent and the student must be counted
in the calculation of average daily attendance under Section
18-8.05 of the School Code.
(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/32 new)
    Sec. 32. Educational records for children of active duty
military personnel.
    (a) In the event that official educational records cannot
be released to parents for the purpose of transfer, the
custodian of the records in the sending state shall prepare and
furnish to the parent a complete set of unofficial educational
records to the extent feasible. Upon receipt of the unofficial
educational records by a school in the receiving state, the
school shall enroll and appropriately place the student based
on the information provided in the unofficial records, pending
validation by the official records as quickly as possible. This
subsection (a) does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement and continued enrollment of the student
in a course or courses.
    (b) Simultaneous with the enrollment and conditional
placement of a student, the school in the receiving state shall
request the student's official educational record from the
school in the sending state. Upon receipt of this request, the
school in the sending state shall process and furnish the
official educational records to the receiving state within 15
days.
 
    (105 ILCS 70/33 new)
    Sec. 33. Enrollment and entrance age for children of active
duty military personnel. Students must be allowed to continue
their enrollment at grade level in the receiving state
commensurate with their grade level (including kindergarten)
at the school in the sending state at the time of transition. A
student who has satisfactorily completed the requisite grade
level in the school in the sending state is eligible for
enrollment in the next highest grade level in the receiving
state. A student transferring after the start of the school
year in the receiving state shall enter the school in the
receiving state at his or her validated grade level at an
accredited school in the sending state. This Section does not
preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the
student.
 
    (105 ILCS 70/35)
    (Section scheduled to be repealed on June 30, 2015)
    Sec. 35. Course placement; program placement; placement
flexibility; graduation; extracurricular activities; absences
related to deployment activities for children of active duty
military personnel Required courses for transfer students;
pre-requisites; credit transfer; graduation.
    (a) If a student transfers before or during the school
year, the school in the receiving state shall initially honor
placement of the student in educational courses based on the
student's enrollment in the school in the sending state or
educational assessments conducted at the school in the sending
state if the courses are offered and space is available. Course
placement includes, but is not limited to, honors,
International Baccalaureate, Advanced Placement, vocational,
and technical and career pathways courses. Continuing the
student's academic program from the school in the sending state
and promoting placement in academically and career-challenging
courses must be paramount when considering placement. This
subsection (a) does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement and continued enrollment of the student
in the course or courses. A student that transfers to a new
school district may transfer into a comparable course to
continue credit work for a course from which the student
transferred out of only if the new school district offers the
course and space is available. This subsection (a) includes
courses offered for gifted and talented children pursuant to
Article 14A of the School Code and courses for English as a
Second Language program.
    (b) The receiving school shall initially honor the
placement of the student in educational programs based on
current educational assessments conducted at the school in the
sending state or participation or placement in like programs in
the school in the sending state. Such programs include, but are
not limited to, gifted and talented programs and English as a
Second Language (ESL). This subsection (b) does not preclude
the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student. The
school district of a school may determine if courses taken by a
transfer student at his or her old school satisfy the
pre-requisite course requirements for any courses that the
transfer student wishes to take at his or her current school.
The school district may determine a current and future schedule
that is appropriate for the student that satisfies any
pre-requisite course requirements in order for that student to
take any courses that he or she wishes to attend.
    (c) The school district of a school shall have flexibility
in waiving course or program prerequisites or other
preconditions for placement in offered courses or programs. The
school district of a school shall may work with a transfer
student to determine an appropriate schedule that ensures that
a student will graduate, provided that the student has met the
district's minimal graduation requirements, which may be
modified provided that the modifications are a result of
scheduling issues and not a result of the student's academic
failure.
    (d) If a student transfers to a new school district during
his or her senior year and the receiving school district cannot
make reasonable adjustments under this Section to ensure
graduation, then the school district shall make every
reasonable effort to ensure that the school district from where
the student transfers issues the student a diploma.
    (e) Schools shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, to the extent the children are otherwise qualified
and space is available as determined by the school principal.
    (f) A student whose parent or legal guardian is an active
duty member of the uniformed services and has been called to
duty for, is on leave from, or has immediately returned from
deployment to a combat zone or combat-support posting must be
granted additional absences, at the discretion of the school
district's superintendent, to visit with his or her parent or
legal guardian relative to such leave or deployment of the
parent or guardian.
(Source: P.A. 96-953, eff. 6-28-10.)
 
    (105 ILCS 70/40)
    (Section scheduled to be repealed on June 30, 2015)
    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, a representative from a school district
associated with U.S. Army Garrison - Rock Island Arsenal having
the highest percentage of students who are children of active
duty military personnel, a representative from a school
district associated with Scott Air Force Base having the
highest percentage of students who are children of active duty
military personnel, a representative from a school district
associated with Naval Station Great Lakes having the highest
percentage of students who are children of active duty military
personnel, a representative from the school district with the
highest percentage of students who are children of active duty
military personnel not already represented in the State
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 a
one non-voting representative appointed by each active-duty
military installation commander in this State.
    (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; 97-216, eff. 1-1-12.)
 
    (105 ILCS 70/995 rep.)
    Section 20. The Educational Opportunity for Military
Children Act is amended by repealing Section 995.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.