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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 27-8.1 as follows:
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6 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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7 | Sec. 27-8.1. Health examinations and immunizations.
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8 | (1) In compliance with rules and regulations which the | |||||||||||||||||||
9 | Department of Public
Health shall promulgate, and except as | |||||||||||||||||||
10 | hereinafter provided, all children in
Illinois shall have a | |||||||||||||||||||
11 | health examination as follows: within one year prior to
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12 | entering kindergarten or the first grade of any public, | |||||||||||||||||||
13 | private, or parochial
elementary school; upon entering the | |||||||||||||||||||
14 | sixth and ninth grades of any public,
private, or parochial | |||||||||||||||||||
15 | school; prior to entrance into any public, private, or
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16 | parochial nursery school; and, irrespective of grade, | |||||||||||||||||||
17 | immediately prior to or
upon entrance into any public, private, | |||||||||||||||||||
18 | or parochial school or nursery school,
each child shall present | |||||||||||||||||||
19 | proof of having been examined in accordance with this
Section | |||||||||||||||||||
20 | and the rules and regulations promulgated hereunder. Any child | |||||||||||||||||||
21 | who received a health examination within one year prior to | |||||||||||||||||||
22 | entering the fifth grade for the 2007-2008 school year is not | |||||||||||||||||||
23 | required to receive an additional health examination in order |
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1 | to comply with the provisions of Public Act 95-422 when he or | ||||||
2 | she attends school for the 2008-2009 school year, unless the | ||||||
3 | child is attending school for the first time as provided in | ||||||
4 | this paragraph.
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5 | A tuberculosis skin test screening shall be included as a | ||||||
6 | required part of
each health examination included under this | ||||||
7 | Section if the child resides in an
area designated by the | ||||||
8 | Department of Public Health as having a high incidence
of | ||||||
9 | tuberculosis. Additional health examinations of pupils, | ||||||
10 | including eye examinations, may be required when deemed | ||||||
11 | necessary by school
authorities. Parents are encouraged to have | ||||||
12 | their children undergo eye examinations at the same points in | ||||||
13 | time required for health
examinations.
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14 | (1.5) In compliance with rules adopted by the Department of | ||||||
15 | Public Health and except as otherwise provided in this Section, | ||||||
16 | all children in kindergarten and the second and sixth grades of | ||||||
17 | any public, private, or parochial school shall have a dental | ||||||
18 | examination. Each of these children shall present proof of | ||||||
19 | having been examined by a dentist in accordance with this | ||||||
20 | Section and rules adopted under this Section before May 15th of | ||||||
21 | the school year. If a child in the second or sixth grade fails | ||||||
22 | to present proof by May 15th, the school may hold the child's | ||||||
23 | report card until one of the following occurs: (i) the child | ||||||
24 | presents proof of a completed dental examination or (ii) the | ||||||
25 | child presents proof that a dental examination will take place | ||||||
26 | within 60 days after May 15th. The Department of Public Health |
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1 | shall establish, by rule, a waiver for children who show an | ||||||
2 | undue burden or a lack of access to a dentist. Each public, | ||||||
3 | private, and parochial school must give notice of this dental | ||||||
4 | examination requirement to the parents and guardians of | ||||||
5 | students at least 60 days before May 15th of each school year.
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6 | (1.10) Except as otherwise provided in this Section, all | ||||||
7 | children enrolling in kindergarten in a public, private, or | ||||||
8 | parochial school on or after the effective date of this | ||||||
9 | amendatory Act of the 95th General Assembly and any student | ||||||
10 | enrolling for the first time in a public, private, or parochial | ||||||
11 | school on or after the effective date of this amendatory Act of | ||||||
12 | the 95th General Assembly shall have an eye examination. Each | ||||||
13 | of these children shall present proof of having been examined | ||||||
14 | by a physician licensed to practice medicine in all of its | ||||||
15 | branches or a licensed optometrist within the previous year, in | ||||||
16 | accordance with this Section and rules adopted under this | ||||||
17 | Section, before October 15th of the school year. If the child | ||||||
18 | fails to present proof by October 15th, the school may hold the | ||||||
19 | child's report card until one of the following occurs: (i) the | ||||||
20 | child presents proof of a completed eye examination or (ii) the | ||||||
21 | child presents proof that an eye examination will take place | ||||||
22 | within 60 days after October 15th. The Department of Public | ||||||
23 | Health shall establish, by rule, a waiver for children who show | ||||||
24 | an undue burden or a lack of access to a physician licensed to | ||||||
25 | practice medicine in all of its branches who provides eye | ||||||
26 | examinations or to a licensed optometrist. Each public, |
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1 | private, and parochial school must give notice of this eye | ||||||
2 | examination requirement to the parents and guardians of | ||||||
3 | students in compliance with rules of the Department of Public | ||||||
4 | Health. Nothing in this Section shall be construed to allow a | ||||||
5 | school to exclude a child from attending because of a parent's | ||||||
6 | or guardian's failure to obtain an eye examination for the | ||||||
7 | child.
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8 | (2) The Department of Public Health shall promulgate rules | ||||||
9 | and regulations
specifying the examinations and procedures | ||||||
10 | that constitute a health examination, which shall include the | ||||||
11 | collection of data relating to obesity
(including at a minimum, | ||||||
12 | date of birth, gender, height, weight, blood pressure, and date | ||||||
13 | of exam),
and a dental examination and may recommend by rule | ||||||
14 | that certain additional examinations be performed.
The rules | ||||||
15 | and regulations of the Department of Public Health shall | ||||||
16 | specify that
a tuberculosis skin test screening shall be | ||||||
17 | included as a required part of each
health examination included | ||||||
18 | under this Section if the child resides in an area
designated | ||||||
19 | by the Department of Public Health as having a high incidence | ||||||
20 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
21 | that a diabetes
screening as defined by rule shall be included | ||||||
22 | as a required part of each
health examination.
Diabetes testing | ||||||
23 | is not required.
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24 | Physicians licensed to practice medicine in all of its | ||||||
25 | branches, advanced
practice nurses who have a written | ||||||
26 | collaborative agreement with
a collaborating physician which |
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1 | authorizes them to perform health
examinations, or physician | ||||||
2 | assistants who have been delegated the
performance of health | ||||||
3 | examinations by their supervising physician
shall be
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4 | responsible for the performance of the health examinations, | ||||||
5 | other than dental
examinations, eye examinations, and vision | ||||||
6 | and hearing screening, and shall sign all report forms
required | ||||||
7 | by subsection (4) of this Section that pertain to those | ||||||
8 | portions of
the health examination for which the physician, | ||||||
9 | advanced practice nurse, or
physician assistant is | ||||||
10 | responsible.
If a registered
nurse performs any part of a | ||||||
11 | health examination, then a physician licensed to
practice | ||||||
12 | medicine in all of its branches must review and sign all | ||||||
13 | required
report forms. Licensed dentists shall perform all | ||||||
14 | dental examinations and
shall sign all report forms required by | ||||||
15 | subsection (4) of this Section that
pertain to the dental | ||||||
16 | examinations. Physicians licensed to practice medicine
in all | ||||||
17 | its branches or licensed optometrists shall perform all eye | ||||||
18 | examinations
required by this Section and shall sign all report | ||||||
19 | forms required by
subsection (4) of this Section that pertain | ||||||
20 | to the eye examination. For purposes of this Section, an eye | ||||||
21 | examination shall at a minimum include history, visual acuity, | ||||||
22 | subjective refraction to best visual acuity near and far, | ||||||
23 | internal and external examination with the use of dilating | ||||||
24 | drops , and a glaucoma evaluation, as well as any other tests or | ||||||
25 | observations that in the professional judgment of the doctor | ||||||
26 | are necessary. Vision and
hearing screening tests, which shall |
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1 | not be considered examinations as that
term is used in this | ||||||
2 | Section, shall be conducted in accordance with rules and
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3 | regulations of the Department of Public Health, and by | ||||||
4 | individuals whom the
Department of Public Health has certified.
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5 | In these rules and regulations, the Department of Public Health | ||||||
6 | shall
require that individuals conducting vision screening | ||||||
7 | tests give a child's
parent or guardian written notification, | ||||||
8 | before the vision screening is
conducted, that states, "Vision | ||||||
9 | screening is not a substitute for a
complete eye and vision | ||||||
10 | evaluation by an eye doctor. Your child is not
required to | ||||||
11 | undergo this vision screening if an optometrist or
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12 | ophthalmologist has completed and signed a report form | ||||||
13 | indicating that
an examination has been administered within the | ||||||
14 | previous 12 months."
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15 | (3) Every child shall, at or about the same time as he or | ||||||
16 | she receives
a health examination required by subsection (1) of | ||||||
17 | this Section, present
to the local school proof of having | ||||||
18 | received such immunizations against
preventable communicable | ||||||
19 | diseases as the Department of Public Health shall
require by | ||||||
20 | rules and regulations promulgated pursuant to this Section and | ||||||
21 | the
Communicable Disease Prevention Act.
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22 | (4) The individuals conducting the health examination,
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23 | dental examination, or eye examination shall record the
fact of | ||||||
24 | having conducted the examination, and such additional | ||||||
25 | information as
required, including for a health examination
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26 | data relating to obesity
(including at a minimum, date of |
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1 | birth, gender, height, weight, blood pressure, and date of | ||||||
2 | exam), on uniform forms which the Department of Public Health | ||||||
3 | and the State
Board of Education shall prescribe for statewide | ||||||
4 | use. The examiner shall
summarize on the report form any | ||||||
5 | condition that he or she suspects indicates a
need for special | ||||||
6 | services, including for a health examination factors relating | ||||||
7 | to obesity. The individuals confirming the administration of
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8 | required immunizations shall record as indicated on the form | ||||||
9 | that the
immunizations were administered.
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10 | (5) If a child does not submit proof of having had either | ||||||
11 | the health
examination or the immunization as required, then | ||||||
12 | the child shall be examined
or receive the immunization, as the | ||||||
13 | case may be, and present proof by October
15 of the current | ||||||
14 | school year, or by an earlier date of the current school year
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15 | established by a school district. To establish a date before | ||||||
16 | October 15 of the
current school year for the health | ||||||
17 | examination or immunization as required, a
school district must | ||||||
18 | give notice of the requirements of this Section 60 days
prior | ||||||
19 | to the earlier established date. If for medical reasons one or | ||||||
20 | more of
the required immunizations must be given after October | ||||||
21 | 15 of the current school
year, or after an earlier established | ||||||
22 | date of the current school year, then
the child shall present, | ||||||
23 | by October 15, or by the earlier established date, a
schedule | ||||||
24 | for the administration of the immunizations and a statement of | ||||||
25 | the
medical reasons causing the delay, both the schedule and | ||||||
26 | the statement being
issued by the physician, advanced practice |
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1 | nurse, physician assistant,
registered nurse, or local health | ||||||
2 | department that will
be responsible for administration of the | ||||||
3 | remaining required immunizations. If
a child does not comply by | ||||||
4 | October 15, or by the earlier established date of
the current | ||||||
5 | school year, with the requirements of this subsection, then the
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6 | local school authority shall exclude that child from school | ||||||
7 | until such time as
the child presents proof of having had the | ||||||
8 | health examination as required and
presents proof of having | ||||||
9 | received those required immunizations which are
medically | ||||||
10 | possible to receive immediately. During a child's exclusion | ||||||
11 | from
school for noncompliance with this subsection, the child's | ||||||
12 | parents or legal
guardian shall be considered in violation of | ||||||
13 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
14 | 26-10. This subsection (5) does not apply to dental | ||||||
15 | examinations and eye examinations.
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16 | (6) Every school shall report to the State Board of | ||||||
17 | Education by November
15, in the manner which that agency shall | ||||||
18 | require, the number of children who
have received the necessary | ||||||
19 | immunizations and the health examination (other than a dental | ||||||
20 | examination or eye examination) as
required, indicating, of | ||||||
21 | those who have not received the immunizations and
examination | ||||||
22 | as required, the number of children who are exempt from health
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23 | examination and immunization requirements on religious or | ||||||
24 | medical grounds as
provided in subsection (8). Every school | ||||||
25 | shall report to the State Board of Education by June 30, in the | ||||||
26 | manner that the State Board requires, the number of children |
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1 | who have received the required dental examination, indicating, | ||||||
2 | of those who have not received the required dental examination, | ||||||
3 | the number of children who are exempt from the dental | ||||||
4 | examination on religious grounds as provided in subsection (8) | ||||||
5 | of this Section and the number of children who have received a | ||||||
6 | waiver under subsection (1.5) of this Section. Every school | ||||||
7 | shall report to the State Board of Education by June 30, in the | ||||||
8 | manner that the State Board requires, the number of children | ||||||
9 | who have received the required eye examination, indicating, of | ||||||
10 | those who have not received the required eye examination, the | ||||||
11 | number of children who are exempt from the eye examination as | ||||||
12 | provided in subsection (8) of this Section, the number of | ||||||
13 | children who have received a waiver under subsection (1.10) of | ||||||
14 | this Section, and the total number of children in noncompliance | ||||||
15 | with the eye examination requirement. This reported | ||||||
16 | information shall be provided to the
Department of Public | ||||||
17 | Health by the State Board of Education.
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18 | (7) Upon determining that the number of pupils who are | ||||||
19 | required to be in
compliance with subsection (5) of this | ||||||
20 | Section is below 90% of the number of
pupils enrolled in the | ||||||
21 | school district, 10% of each State aid payment made
pursuant to | ||||||
22 | Section 18-8.05 to the school district for such year may be | ||||||
23 | withheld
by the State Board of Education until the number of | ||||||
24 | students in compliance with
subsection (5) is the applicable | ||||||
25 | specified percentage or higher.
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26 | (8) Parents or legal guardians who object to health,
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1 | dental, or eye examinations or any part thereof, or to | ||||||
2 | immunizations, on religious grounds
shall not be required to | ||||||
3 | submit their children or wards to the examinations
or | ||||||
4 | immunizations to which they so object if such parents or legal | ||||||
5 | guardians
present to the appropriate local school authority a | ||||||
6 | signed statement of
objection, detailing the grounds for the | ||||||
7 | objection. If the physical condition
of the child is such that | ||||||
8 | any one or more of the immunizing agents should not
be | ||||||
9 | administered, the examining physician, advanced practice | ||||||
10 | nurse, or
physician assistant responsible for the performance | ||||||
11 | of the
health examination shall endorse that fact upon the | ||||||
12 | health examination form.
Exempting a child from the health,
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13 | dental, or eye examination does not exempt the child from
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14 | participation in the program of physical education training | ||||||
15 | provided in
Sections 27-5 through 27-7 of this Code.
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16 | (9) For the purposes of this Section, "nursery schools" | ||||||
17 | means those nursery
schools operated by elementary school | ||||||
18 | systems or secondary level school units
or institutions of | ||||||
19 | higher learning.
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20 | (Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; | ||||||
21 | 95-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff. | ||||||
22 | 7-16-08; 95-876, eff. 8-21-08.)
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