Full Text of HB5717 95th General Assembly
HB5717eng 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 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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| 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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| 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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| 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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| 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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| (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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| 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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| (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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| 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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| (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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| 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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| 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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| 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, and a glaucoma evaluation, | 24 |
| as well as any other tests or observations that in the | 25 |
| professional judgment of the doctor are necessary. Vision and
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| hearing screening tests, which shall not be considered |
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| examinations as that
term is used in this Section, shall be | 2 |
| conducted in accordance with rules and
regulations of the | 3 |
| Department of Public Health, and by individuals whom the
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| Department of Public Health has certified.
In these rules and | 5 |
| regulations, the Department of Public Health shall
require that | 6 |
| individuals conducting vision screening tests give a child's
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| parent or guardian written notification, before the vision | 8 |
| screening is
conducted, that states, "Vision screening is not a | 9 |
| substitute for a
complete eye and vision evaluation by an eye | 10 |
| doctor. Your child is not
required to undergo this vision | 11 |
| screening if an optometrist or
ophthalmologist has completed | 12 |
| and signed a report form indicating that
an examination has | 13 |
| been administered within the previous 12 months."
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| (3) Every child shall, at or about the same time as he or | 15 |
| she receives
a health examination required by subsection (1) of | 16 |
| this Section, present
to the local school proof of having | 17 |
| received such immunizations against
preventable communicable | 18 |
| diseases as the Department of Public Health shall
require by | 19 |
| rules and regulations promulgated pursuant to this Section and | 20 |
| the
Communicable Disease Prevention Act.
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| (4) The individuals conducting the health examination,
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| dental examination, or eye examination shall record the
fact of | 23 |
| having conducted the examination, and such additional | 24 |
| information as
required, including for a health examination
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| data relating to obesity
(including at a minimum, date of | 26 |
| birth, gender, height, weight, blood pressure, and date of |
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| exam), on uniform forms which the Department of Public Health | 2 |
| and the State
Board of Education shall prescribe for statewide | 3 |
| use. The examiner shall
summarize on the report form any | 4 |
| condition that he or she suspects indicates a
need for special | 5 |
| services, including for a health examination factors relating | 6 |
| to obesity. The individuals confirming the administration of
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| required immunizations shall record as indicated on the form | 8 |
| that the
immunizations were administered.
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| (5) If a child does not submit proof of having had either | 10 |
| the health
examination or the immunization as required, then | 11 |
| the child shall be examined
or receive the immunization, as the | 12 |
| case may be, and present proof by October
15 of the current | 13 |
| 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 | 15 |
| October 15 of the
current school year for the health | 16 |
| examination or immunization as required, a
school district must | 17 |
| give notice of the requirements of this Section 60 days
prior | 18 |
| to the earlier established date. If for medical reasons one or | 19 |
| more of
the required immunizations must be given after October | 20 |
| 15 of the current school
year, or after an earlier established | 21 |
| date of the current school year, then
the child shall present, | 22 |
| by October 15, or by the earlier established date, a
schedule | 23 |
| for the administration of the immunizations and a statement of | 24 |
| the
medical reasons causing the delay, both the schedule and | 25 |
| the statement being
issued by the physician, advanced practice | 26 |
| nurse, physician assistant,
registered nurse, or local health |
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| department that will
be responsible for administration of the | 2 |
| remaining required immunizations. If
a child does not comply by | 3 |
| October 15, or by the earlier established date of
the current | 4 |
| school year, with the requirements of this subsection, then the
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| local school authority shall exclude that child from school | 6 |
| until such time as
the child presents proof of having had the | 7 |
| health examination as required and
presents proof of having | 8 |
| received those required immunizations which are
medically | 9 |
| possible to receive immediately. During a child's exclusion | 10 |
| from
school for noncompliance with this subsection, the child's | 11 |
| parents or legal
guardian shall be considered in violation of | 12 |
| Section 26-1 and subject to any
penalty imposed by Section | 13 |
| 26-10. This subsection (5) does not apply to dental | 14 |
| examinations and eye examinations.
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| (6) Every school shall report to the State Board of | 16 |
| Education by November
15, in the manner which that agency shall | 17 |
| require, the number of children who
have received the necessary | 18 |
| immunizations and the health examination (other than a dental | 19 |
| examination or eye examination) as
required, indicating, of | 20 |
| those who have not received the immunizations and
examination | 21 |
| as required, the number of children who are exempt from health
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| examination and immunization requirements on religious or | 23 |
| medical grounds as
provided in subsection (8). Every school | 24 |
| shall report to the State Board of Education by June 30, in the | 25 |
| manner that the State Board requires, the number of children | 26 |
| who have received the required dental examination, indicating, |
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| of those who have not received the required dental examination, | 2 |
| the number of children who are exempt from the dental | 3 |
| examination on religious grounds as provided in subsection (8) | 4 |
| of this Section and the number of children who have received a | 5 |
| waiver under subsection (1.5) of this Section. Every school | 6 |
| shall report to the State Board of Education by June 30, in the | 7 |
| manner that the State Board requires, the number of children | 8 |
| who have received the required eye examination, indicating, of | 9 |
| those who have not received the required eye examination, the | 10 |
| number of children who are exempt from the eye examination as | 11 |
| provided in subsection (8) of this Section, the number of | 12 |
| children who have received a waiver under subsection (1.10) of | 13 |
| this Section, and the total number of children in noncompliance | 14 |
| with the eye examination requirement. This reported | 15 |
| information shall be provided to the
Department of Public | 16 |
| Health by the State Board of Education.
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| (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.
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| (8) Parents or legal guardians who object to health,
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| dental, or eye examinations or any part thereof, or to |
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| 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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| dental, or eye examination does not exempt the child from
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| participation in the program of physical education training | 14 |
| provided in
Sections 27-5 through 27-7 of this Code.
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| (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.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; | 20 |
| 95-496, eff. 8-28-07; 95-671, eff. 1-1-08; revised 11-15-07.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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