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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1340
Introduced 2/20/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/27-8.1 |
from Ch. 122, par. 27-8.1 |
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Amends the School Code. Provides that a human immunodeficiency virus (HIV) test must be included as a part of the student health examination required under the School Code, and provides for Department of Public Health rules.
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A BILL FOR
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HB1340 |
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LRB095 04051 NHT 24089 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 27-8.1 as follows:
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| (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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| Sec. 27-8.1. Health examinations and immunizations.
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| (1) In compliance with rules and regulations which the |
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| Department of Public
Health shall promulgate, and except as |
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| hereinafter provided, all children in
Illinois shall have a |
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| health examination as follows: within one year prior to
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| entering kindergarten or the first grade of any public, |
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| private, or parochial
elementary school; upon entering the |
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| fifth and ninth grades of any public,
private, or parochial |
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| school; prior to entrance into any public, private, or
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| parochial nursery school; and, irrespective of grade, |
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| immediately prior to or
upon entrance into any public, private, |
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| or parochial school or nursery school,
each child shall present |
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| proof of having been examined in accordance with this
Section |
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| and the rules and regulations promulgated hereunder.
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| A tuberculosis skin test screening shall be included as a |
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| required part of
each health examination included under this |
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| Section if the child resides in an
area designated by the |
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LRB095 04051 NHT 24089 b |
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| Department of Public Health as having a high incidence
of |
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| tuberculosis. A human immunodeficiency virus (HIV) test must be |
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| included as a required part of each health examination included |
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| under this Section. Additional health examinations of pupils, |
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| including vision examinations, may be required when deemed |
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| necessary by school
authorities. Parents are encouraged to have |
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| their children undergo vision examinations at the same points |
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| in time required for health
examinations.
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| (1.5) In compliance with rules adopted by the Department of |
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| Public Health and except as otherwise provided in this Section, |
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| all children in kindergarten and the second and sixth grades of |
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| any public, private, or parochial school shall have a dental |
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| examination. Each of these children shall present proof of |
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| having been examined by a dentist in accordance with this |
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| Section and rules adopted under this Section before May 15th of |
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| the school year. If a child in the second or sixth grade fails |
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| to present proof by May 15th, the school may hold the child's |
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| report card until one of the following occurs: (i) the child |
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| presents proof of a completed dental examination or (ii) the |
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| child presents proof that a dental examination will take place |
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| within 60 days after May 15th. The Department of Public Health |
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| shall establish, by rule, a waiver for children who show an |
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| undue burden or a lack of access to a dentist. Each public, |
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| private, and parochial school must give notice of this dental |
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| examination requirement to the parents and guardians of |
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| students at least 60 days before May 15th of each school year.
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| (2) The Department of Public Health shall promulgate rules |
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| and regulations
specifying the examinations and procedures |
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| that constitute a health examination, which shall include the |
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| collection of data relating to obesity ,
( including at a |
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| minimum, date of birth, gender, height, weight, blood pressure, |
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| and date of exam ) ,
and a dental examination and may recommend |
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| by rule that certain additional examinations be performed.
The |
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| rules and regulations of the Department of Public Health shall |
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| specify that
a tuberculosis skin test screening shall be |
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| included as a required part of each
health examination included |
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| under this Section if the child resides in an area
designated |
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| by the Department of Public Health as having a high incidence |
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| of
tuberculosis.
The Department of Public Health shall specify |
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| that a diabetes
screening as defined by rule shall be included |
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| as a required part of each
health examination.
Diabetes testing |
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| is not required. The rules of the Department of Public Health |
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| shall specify that an HIV test must be included as a required |
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| part of each health examination included under this Section, |
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| which rules must be in accordance with the guidelines of the |
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| federal Centers for Disease Control and Prevention.
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| Physicians licensed to practice medicine in all of its |
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| branches, advanced
practice nurses who have a written |
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| collaborative agreement with
a collaborating physician which |
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| authorizes them to perform health
examinations, or physician |
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| assistants who have been delegated the
performance of health |
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| examinations by their supervising physician
shall be
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| responsible for the performance of the health examinations, |
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| other than dental
examinations and vision and hearing |
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| screening, and shall sign all report forms
required by |
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| subsection (4) of this Section that pertain to those portions |
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| of
the health examination for which the physician, advanced |
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| practice nurse, or
physician assistant is responsible.
If a |
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| registered
nurse performs any part of a health examination, |
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| then a physician licensed to
practice medicine in all of its |
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| branches must review and sign all required
report forms. |
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| Licensed dentists shall perform all dental examinations and
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| shall sign all report forms required by subsection (4) of this |
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| Section that
pertain to the dental examinations. Physicians |
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| licensed to practice medicine
in all its branches, or licensed |
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| optometrists, shall perform all vision exams
required by school |
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| authorities and shall sign all report forms required by
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| subsection (4) of this Section that pertain to the vision exam. |
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| Vision and
hearing screening tests, which shall not be |
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| considered examinations as that
term is used in this Section, |
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| shall be conducted in accordance with rules and
regulations of |
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| the Department of Public Health, and by individuals whom the
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| Department of Public Health has certified.
In these rules and |
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| regulations, the Department of Public Health shall
require that |
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| individuals conducting vision screening tests give a child's
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| parent or guardian written notification, before the vision |
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| screening is
conducted, that states, "Vision screening is not a |
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| substitute for a
complete eye and vision evaluation by an eye |
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| doctor. Your child is not
required to undergo this vision |
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| screening if an optometrist or
ophthalmologist has completed |
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| and signed a report form indicating that
an examination has |
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| been administered within the previous 12 months."
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| (3) Every child shall, at or about the same time as he or |
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| she receives
a health examination required by subsection (1) of |
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| this Section, present
to the local school proof of having |
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| received such immunizations against
preventable communicable |
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| diseases as the Department of Public Health shall
require by |
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| rules and regulations promulgated pursuant to this Section and |
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| the
Communicable Disease Prevention Act.
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| (4) The individuals conducting the health examination or |
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| dental examination shall record the
fact of having conducted |
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| the examination, and such additional information as
required, |
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| including for a health examination data relating to obesity ,
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| ( including at a minimum, date of birth, gender, height, weight, |
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| blood pressure, and date of exam ) , on uniform forms which the |
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| Department of Public Health and the State
Board of Education |
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| shall prescribe for statewide use. The examiner shall
summarize |
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| on the report form any condition that he or she suspects |
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| indicates a
need for special services, including for a health |
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| examination factors relating to obesity. The individuals |
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| confirming the administration of
required immunizations shall |
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| record as indicated on the form that the
immunizations were |
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| administered.
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| (5) If a child does not submit proof of having had either |
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| the health
examination or the immunization as required, then |
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| the child shall be examined
or receive the immunization, as the |
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| case may be, and present proof by October
15 of the current |
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| school year, or by an earlier date of the current school year
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| established by a school district. To establish a date before |
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| October 15 of the
current school year for the health |
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| examination or immunization as required, a
school district must |
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| give notice of the requirements of this Section 60 days
prior |
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| to the earlier established date. If for medical reasons one or |
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| more of
the required immunizations must be given after October |
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| 15 of the current school
year, or after an earlier established |
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| date of the current school year, then
the child shall present, |
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| by October 15, or by the earlier established date, a
schedule |
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| for the administration of the immunizations and a statement of |
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| the
medical reasons causing the delay, both the schedule and |
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| the statement being
issued by the physician, advanced practice |
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| nurse, physician assistant,
registered nurse, or local health |
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| department that will
be responsible for administration of the |
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| remaining required immunizations. If
a child does not comply by |
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| October 15, or by the earlier established date of
the current |
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| school year, with the requirements of this subsection, then the
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| local school authority shall exclude that child from school |
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| until such time as
the child presents proof of having had the |
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| health examination as required and
presents proof of having |
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| received those required immunizations which are
medically |
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| possible to receive immediately. During a child's exclusion |
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| from
school for noncompliance with this subsection, the child's |
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| parents or legal
guardian shall be considered in violation of |
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| Section 26-1 and subject to any
penalty imposed by Section |
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| 26-10. This subsection (5) does not apply to dental |
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| examinations.
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| (6) Every school shall report to the State Board of |
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| Education by November
15, in the manner which that agency shall |
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| require, the number of children who
have received the necessary |
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| immunizations and the health examination (other than a dental |
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| examination) as
required, indicating, of those who have not |
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| received the immunizations and
examination as required, the |
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| number of children who are exempt from health
examination and |
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| immunization requirements on religious or medical grounds as
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| provided in subsection (8). Every school shall report to the |
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| State Board of Education by June 30, in the manner that the |
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| State Board requires, the number of children who have received |
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| the required dental examination, indicating, of those who have |
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| not received the required dental examination, the number of |
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| children who are exempt from the dental examination on |
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| religious grounds as provided in subsection (8) of this Section |
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| and the number of children who have received a waiver under |
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| subsection (1.5) of this Section. This reported information |
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| shall be provided to the
Department of Public Health by the |
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| State Board of Education.
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| (7) Upon determining that the number of pupils who are |
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| required to be in
compliance with subsection (5) of this |
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| Section is below 90% of the number of
pupils enrolled in the |
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| school district, 10% of each State aid payment made
pursuant to |
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| Section 18-8.05 to the school district for such year shall be |
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| withheld
by the regional superintendent until the number of |
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| students in compliance with
subsection (5) is the applicable |
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| specified percentage or higher.
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| (8) Parents or legal guardians who object to health
or |
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| dental examinations or any part thereof, or to immunizations, |
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| on religious grounds
shall not be required to submit their |
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| children or wards to the examinations
or immunizations to which |
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| they so object if such parents or legal guardians
present to |
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| the appropriate local school authority a signed statement of
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| objection, detailing the grounds for the objection. If the |
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| physical condition
of the child is such that any one or more of |
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| the immunizing agents should not
be administered, the examining |
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| physician, advanced practice nurse, or
physician assistant |
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| responsible for the performance of the
health examination shall |
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| endorse that fact upon the health examination form.
Exempting a |
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| child from the health or dental examination does not exempt the |
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| child from
participation in the program of physical education |
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| training provided in
Sections 27-5 through 27-7 of this Code.
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| (9) For the purposes of this Section, "nursery schools" |
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| means those nursery
schools operated by elementary school |
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| systems or secondary level school units
or institutions of |
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| higher learning.
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| (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; |