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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: |
6 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
7 | | Sec. 27-8.1. Health examinations and immunizations. |
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. |
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. |
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 a |
11 | | mental health examination and the collection of data relating |
12 | | to obesity
(including at a minimum, date of birth, gender, |
13 | | height, weight, blood pressure, and date of exam),
and a dental |
14 | | examination and may recommend by rule that certain additional |
15 | | examinations be performed.
The rules and regulations of the |
16 | | Department of Public Health shall specify that
a tuberculosis |
17 | | skin test screening shall be included as a required part of |
18 | | each
health examination included under this Section if the |
19 | | child resides in an area
designated by the Department of Public |
20 | | Health as having a high incidence of
tuberculosis.
The |
21 | | Department of Public Health shall specify that a diabetes
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22 | | screening as defined by rule shall be included as a required |
23 | | part of each
health examination.
Diabetes testing is not |
24 | | required. |
25 | | Physicians licensed to practice medicine in all of its |
26 | | branches, advanced
practice nurses who have a written |
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1 | | collaborative agreement with
a collaborating physician which |
2 | | authorizes them to perform health
examinations, or physician |
3 | | assistants who have been delegated the
performance of health |
4 | | examinations by their supervising physician
shall be
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5 | | responsible for the performance of the health examinations, |
6 | | other than dental
examinations, eye examinations, and vision |
7 | | and hearing screening, and shall sign all report forms
required |
8 | | by subsection (4) of this Section that pertain to those |
9 | | portions of
the health examination for which the physician, |
10 | | advanced practice nurse, or
physician assistant is |
11 | | responsible.
If a registered
nurse performs any part of a |
12 | | health examination, then a physician licensed to
practice |
13 | | medicine in all of its branches must review and sign all |
14 | | required
report forms. Licensed dentists shall perform all |
15 | | dental examinations and
shall sign all report forms required by |
16 | | subsection (4) of this Section that
pertain to the dental |
17 | | examinations. Physicians licensed to practice medicine
in all |
18 | | its branches or licensed optometrists shall perform all eye |
19 | | examinations
required by this Section and shall sign all report |
20 | | forms required by
subsection (4) of this Section that pertain |
21 | | to the eye examination. For purposes of this Section, an eye |
22 | | examination shall at a minimum include history, visual acuity, |
23 | | subjective refraction to best visual acuity near and far, |
24 | | internal and external examination, and a glaucoma evaluation, |
25 | | as well as any other tests or observations that in the |
26 | | professional judgment of the doctor are necessary. Vision and
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1 | | hearing screening tests, which shall not be considered |
2 | | examinations as that
term is used in this Section, shall be |
3 | | conducted in accordance with rules and
regulations of the |
4 | | Department of Public Health, and by individuals whom the
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5 | | Department of Public Health has certified.
In these rules and |
6 | | regulations, the Department of Public Health shall
require that |
7 | | individuals conducting vision screening tests give a child's
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8 | | parent or guardian written notification, before the vision |
9 | | screening is
conducted, that states, "Vision screening is not a |
10 | | substitute for a
complete eye and vision evaluation by an eye |
11 | | doctor. Your child is not
required to undergo this vision |
12 | | screening if an optometrist or
ophthalmologist has completed |
13 | | and signed a report form indicating that
an examination has |
14 | | been administered within the previous 12 months." |
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. |
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. |
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. If the student is an |
16 | | out-of-state transfer student and does not have the proof |
17 | | required under this subsection (5) before October 15 of the |
18 | | current year or whatever date is set by the school district, |
19 | | then he or she may only attend classes (i) if he or she has |
20 | | proof that an appointment for the required vaccinations has |
21 | | been scheduled with a party authorized to submit proof of the |
22 | | required vaccinations. If the proof of vaccination required |
23 | | under this subsection (5) is not submitted within 30 days after |
24 | | the student is permitted to attend classes, then the student is |
25 | | not to be permitted to attend classes until proof of the |
26 | | vaccinations has been properly submitted. No school district or |
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1 | | employee of a school district shall be held liable for any |
2 | | injury or illness to another person that results from admitting |
3 | | an out-of-state transfer student to class that has an |
4 | | appointment scheduled pursuant to this subsection (5). |
5 | | (6) Every school shall report to the State Board of |
6 | | Education by November
15, in the manner which that agency shall |
7 | | require, the number of children who
have received the necessary |
8 | | immunizations and the health examination (other than a dental |
9 | | examination or eye examination) as
required, indicating, of |
10 | | those who have not received the immunizations and
examination |
11 | | as required, the number of children who are exempt from health
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12 | | examination and immunization requirements on religious or |
13 | | medical grounds as
provided in subsection (8). On or before |
14 | | December 1 of each year, every public school district and |
15 | | registered nonpublic school shall make publicly available the |
16 | | immunization data they are required to submit to the State |
17 | | Board of Education by November 15. The immunization data made |
18 | | publicly available must be identical to the data the school |
19 | | district or school has reported to the State Board of |
20 | | Education. |
21 | | Every school shall report to the State Board of Education |
22 | | by June 30, in the manner that the State Board requires, the |
23 | | number of children who have received the required dental |
24 | | examination, indicating, of those who have not received the |
25 | | required dental examination, the number of children who are |
26 | | exempt from the dental examination on religious grounds as |
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1 | | provided in subsection (8) of this Section and the number of |
2 | | children who have received a waiver under subsection (1.5) of |
3 | | this Section. |
4 | | Every school shall report to the State Board of Education |
5 | | by June 30, in the manner that the State Board requires, the |
6 | | number of children who have received the required eye |
7 | | examination, indicating, of those who have not received the |
8 | | required eye examination, the number of children who are exempt |
9 | | from the eye examination as provided in subsection (8) of this |
10 | | Section, the number of children who have received a waiver |
11 | | under subsection (1.10) of this Section, and the total number |
12 | | of children in noncompliance with the eye examination |
13 | | requirement. |
14 | | The reported information under this subsection (6) shall be |
15 | | provided to the
Department of Public Health by the State Board |
16 | | of Education. |
17 | | (7) Upon determining that the number of pupils who are |
18 | | required to be in
compliance with subsection (5) of this |
19 | | Section is below 90% of the number of
pupils enrolled in the |
20 | | school district, 10% of each State aid payment made
pursuant to |
21 | | Section 18-8.05 to the school district for such year may be |
22 | | withheld
by the State Board of Education until the number of |
23 | | students in compliance with
subsection (5) is the applicable |
24 | | specified percentage or higher. |
25 | | (8) Parents or legal guardians who object to health,
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26 | | dental, or eye examinations or any part thereof, or to |
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1 | | immunizations, on religious grounds
shall not be required to |
2 | | submit their children or wards to the examinations
or |
3 | | immunizations to which they so object if such parents or legal |
4 | | guardians
present to the appropriate local school authority a |
5 | | signed statement of
objection, detailing the grounds for the |
6 | | objection. If the physical condition
of the child is such that |
7 | | any one or more of the immunizing agents should not
be |
8 | | administered, the examining physician, advanced practice |
9 | | nurse, or
physician assistant responsible for the performance |
10 | | of the
health examination shall endorse that fact upon the |
11 | | health examination form.
Exempting a child from the health,
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12 | | dental, or eye examination does not exempt the child from
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13 | | participation in the program of physical education training |
14 | | provided in
Sections 27-5 through 27-7 of this Code. |
15 | | (9) For the purposes of this Section, "nursery schools" |
16 | | means those nursery
schools operated by elementary school |
17 | | systems or secondary level school units
or institutions of |
18 | | higher learning. |
19 | | (Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673, |
20 | | eff. 6-30-14.)
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