Full Text of HB4674 96th General Assembly
HB4674eng 96TH 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 1. Short title. This Act may be cited as the | 5 |
| Educational Opportunity for Military Children Act. | 6 |
| Section 5. Purpose. It is the purpose of this Act to remove | 7 |
| barriers to educational success imposed on children of military | 8 |
| families because of frequent moves and deployment of their | 9 |
| parents by: | 10 |
| (1) facilitating the timely enrollment of children of | 11 |
| military families and ensuring that they are not placed at | 12 |
| a disadvantage due to difficulty in the transfer of | 13 |
| educational records from the previous school district; | 14 |
| (2) facilitating the student placement process through | 15 |
| which children of military families are not disadvantaged | 16 |
| by variations in attendance requirements, scheduling, | 17 |
| sequencing, or assessment; | 18 |
| (3) facilitating the qualification and eligibility for | 19 |
| enrollment and educational programs; | 20 |
| (4) facilitating the on-time graduation of children of | 21 |
| military families; and | 22 |
| (5) promoting flexibility and cooperation between the | 23 |
| educational system, parents, and the student in order to |
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| achieve educational success for the student. | 2 |
| Section 10. Findings; authority to enter into compact. The | 3 |
| General Assembly finds and declares that this State recognizes | 4 |
| that there is created an Interstate Commission on Educational | 5 |
| Opportunity for Military Children through the Council of State | 6 |
| Governments, in cooperation with the U.S. Department of Defense | 7 |
| Office of Personnel and Readiness, for addressing the needs of | 8 |
| students in transition. The Interstate Commission on | 9 |
| Educational Opportunity for Military Children is a group of | 10 |
| member states who have joined to create laws easing the | 11 |
| transition of children of military families. The Governor of | 12 |
| this State is authorized and directed to enter into a compact | 13 |
| governed by this Act on behalf of this State with any of the | 14 |
| United States legally joining therein. | 15 |
| Section 15. Applicability. This Act applies only if the | 16 |
| member states of the Interstate Commission on Educational | 17 |
| Opportunity for Military Children approve this State as a | 18 |
| member state with this Act governing. | 19 |
| Section 20. Definitions. For purposes of this Act: | 20 |
| "Active duty military personnel" means active duty members | 21 |
| of the uniformed military services, including any of the | 22 |
| following: | 23 |
| (1) Members of the National Guard and Reserve that are |
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| on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C. | 2 |
| 1211. | 3 |
| (2) Members or veterans of the uniformed services who | 4 |
| are severely injured and medically discharged or retired | 5 |
| for a period of one year after medical discharge or | 6 |
| retirement. | 7 |
| (3) Members of the uniformed services who die on active | 8 |
| duty for a period of one year after death. | 9 |
| "State Council" means the Illinois P-20 Council and | 10 |
| additional representatives appointed by the Illinois P-20 | 11 |
| Council as provided under Section 40 of this Act. | 12 |
| Section 25. Tuition for transfer students. | 13 |
| (a) For purposes of this Section, "non-custodial parent" | 14 |
| means a person who has temporary custody of the child of active | 15 |
| duty military personnel and who is responsible for making | 16 |
| decisions for that child. | 17 |
| (b) If a student who is a child of active duty military | 18 |
| personnel is (i) placed with a non-custodial parent and (ii) as | 19 |
| a result of placement, must attend a non-resident school | 20 |
| district, then the student must not be charged the tuition of | 21 |
| the school that the student attends as a result of placement | 22 |
| with the non-custodial parent and the student must be counted | 23 |
| in the calculation of average daily attendance under Section | 24 |
| 18-8.05 of the School Code. |
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| Section 30. Power of attorney for children of active duty | 2 |
| military personnel. A student who has a parent who is active | 3 |
| duty military personnel who must place the student with a | 4 |
| non-custodial parent may submit a special power of attorney to | 5 |
| the school district that authorizes the student (i) to enroll | 6 |
| in the district of the non-custodial parent and (ii) have | 7 |
| decisions made by the non-custodial parent. If a special power | 8 |
| of attorney created pursuant to this Section is filed with the | 9 |
| school district, then the school district must follow the | 10 |
| direction of the special power of attorney. | 11 |
| Section 35. Required courses for transfer students; | 12 |
| pre-requisites; credit transfer; graduation. | 13 |
| (a) A student that transfers to a new school district may | 14 |
| transfer into a comparable course to continue credit work for a | 15 |
| course from which the student transferred out of only if the | 16 |
| new school district offers the course and space is available. | 17 |
| This subsection (a) includes courses offered for gifted and | 18 |
| talented children pursuant to Article 14A of the School Code | 19 |
| and courses for English as a Second Language program. | 20 |
| (b) The school district of a school may determine if | 21 |
| courses taken by a transfer student at his or her old school | 22 |
| satisfy the pre-requisite course requirements for any courses | 23 |
| that the transfer student wishes to take at his or her current | 24 |
| school. The school district may determine a current and future | 25 |
| schedule that is appropriate for the student that satisfies any |
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| pre-requisite course requirements in order for that student to | 2 |
| take any courses that he or she wishes to attend. | 3 |
| (c) The school district of a school may work with a | 4 |
| transfer student to determine an appropriate schedule that | 5 |
| ensures that a student will graduate, provided that the student | 6 |
| has met the district's minimal graduation requirements, which | 7 |
| may be modified provided that the modifications are a result of | 8 |
| scheduling issues and not a result of the student's academic | 9 |
| failure. | 10 |
| (d) If a student transfers to a new school district during | 11 |
| his or her senior year and the receiving school district cannot | 12 |
| make reasonable adjustments under this Section to ensure | 13 |
| graduation, then the school district shall make every | 14 |
| reasonable effort to ensure that the school district from where | 15 |
| the student transfers issues the student a diploma. | 16 |
| Section 40. State coordination. | 17 |
| (a) Each member state of the Interstate Commission on | 18 |
| Educational Opportunity for Military Children shall, through | 19 |
| the creation of a State Council or
use of an existing body or | 20 |
| board, provide for the coordination among its
agencies of | 21 |
| government, local education agencies, and military
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| installations concerning the State's participation in and | 23 |
| compliance
with the compact and Interstate Commission | 24 |
| activities. In this State, the Illinois P-20 Council and | 25 |
| representatives appointed by the Illinois P-20 Council from the |
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| 3 school districts in this State with the highest percentage of | 2 |
| children from military families shall constitute the State | 3 |
| Council. | 4 |
| (b) The compact commissioner responsible for the | 5 |
| administration and
management of the State's participation in | 6 |
| the compact shall be
appointed by the State Council. | 7 |
| Section 45. Interstate Commission on Educational | 8 |
| Opportunity for Military Children. | 9 |
| (a) The member states hereby create the "Interstate | 10 |
| Commission on Educational Opportunity for Military Children". | 11 |
| The activities of the Interstate Commission are the formation | 12 |
| of public policy and are a discretionary state function. The | 13 |
| Interstate Commission shall: | 14 |
| (1) Be a body corporate and joint agency of the member | 15 |
| states and shall have all the responsibilities, powers, and | 16 |
| duties set forth herein, and
such additional powers as may | 17 |
| be conferred upon it by a subsequent
concurrent action of | 18 |
| the respective legislatures of the member states in
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| accordance with the terms of the compact. | 20 |
| (2) Consist of one Interstate Commission voting | 21 |
| representative from each member state who shall be that | 22 |
| state's compact commissioner. | 23 |
| (A) Each member state represented at a meeting of | 24 |
| the Interstate Commission is entitled to one vote. | 25 |
| (B) A majority of the total member states shall |
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| constitute a
quorum for the transaction of business, | 2 |
| unless a larger
quorum is required by the bylaws of the | 3 |
| Interstate
Commission. | 4 |
| (C) A representative shall not delegate a vote to | 5 |
| another member state. In the event the compact | 6 |
| commissioner is unable to
attend a meeting of the | 7 |
| Interstate Commission, the State Council may delegate | 8 |
| voting authority to another
person from their state for | 9 |
| a specified meeting. | 10 |
| (D) The bylaws may provide for meetings of the | 11 |
| Interstate
Commission to be conducted by | 12 |
| telecommunication or
electronic communication. | 13 |
| (3) Consist of ex-officio, non-voting representatives | 14 |
| who are members of interested organizations. Such | 15 |
| ex-officio members, as defined in the bylaws, may include, | 16 |
| but not be limited to, members of the
representative | 17 |
| organizations of military family advocates, local
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| education agency officials, parent and teacher groups, the | 19 |
| U.S.
Department of Defense, the Education Commission of the | 20 |
| States, the
Interstate Agreement on the Qualification of | 21 |
| Educational Personnel, and
other interstate compacts | 22 |
| affecting the education of children of military
members. | 23 |
| (4) Meet at least once each calendar year. The | 24 |
| chairperson may call
additional meetings and, upon the | 25 |
| request of a simple majority of the
member states, shall | 26 |
| call additional meetings. |
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| (5) Establish an executive committee, whose members | 2 |
| shall include the officers of the Interstate Commission and | 3 |
| such other members of the
Interstate Commission as | 4 |
| determined by the bylaws. Members of the
executive | 5 |
| committee shall serve a one-year term. Members of the
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| executive committee shall be entitled to one vote each. The | 7 |
| executive
committee shall have the power to act on behalf | 8 |
| of the Interstate
Commission, with the exception of | 9 |
| rulemaking, during periods when
the Interstate Commission | 10 |
| is not in session. The executive committee
shall oversee | 11 |
| the day-to-day activities of the administration of the
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| compact, including enforcement and compliance with the | 13 |
| provisions of
the compact, its bylaws and rules, and other | 14 |
| such duties as deemed
necessary. The U.S. Department of | 15 |
| Defense shall serve as an ex-officio,
nonvoting member of | 16 |
| the executive committee. | 17 |
| (6) Establish bylaws and rules that provide for | 18 |
| conditions and procedures under which the Interstate | 19 |
| Commission shall make its information and official records | 20 |
| available to the public for inspection or copying. The | 21 |
| Interstate Commission may exempt from disclosure | 22 |
| information or official records to the extent they would | 23 |
| adversely affect personal privacy rights or proprietary | 24 |
| interests. | 25 |
| (7) Give public notice of all meetings, and all | 26 |
| meetings shall be open to the public, except as set forth |
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| in the rules or as otherwise provided in the compact. The | 2 |
| Interstate Commission and its committees may close a
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| meeting, or portion thereof, where it determines by | 4 |
| two-thirds vote that
an open meeting would be likely to: | 5 |
| (A) relate solely to the Interstate Commission's | 6 |
| internal personnel practices and procedures; | 7 |
| (B) disclose matters specifically exempted from | 8 |
| disclosure by
federal and state statute; | 9 |
| (C) disclose trade secrets or commercial or | 10 |
| financial information which is privileged or | 11 |
| confidential; | 12 |
| (D) involve accusing a person of a crime or | 13 |
| formally censuring a person; | 14 |
| (E) disclose information of a personal nature | 15 |
| where disclosure would constitute a clearly | 16 |
| unwarranted invasion of personal privacy; | 17 |
| (F) disclose investigative records compiled for | 18 |
| law enforcement purposes; or | 19 |
| (G) specifically relate to the Interstate | 20 |
| Commission's participation in a civil action or other | 21 |
| legal proceeding. | 22 |
| (8) Cause its legal counsel or designee to certify that | 23 |
| a meeting may be closed and shall reference each relevant | 24 |
| exemptible provision for any
meeting, or portion of a | 25 |
| meeting, which is closed pursuant to this
provision. The | 26 |
| Interstate Commission shall keep minutes, which shall
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| fully and clearly describe all matters discussed in a | 2 |
| meeting and shall
provide a full and accurate summary of | 3 |
| actions taken, and the reasons
therefore, including a | 4 |
| description of the views expressed and the record
of a roll | 5 |
| call vote. All documents considered in connection with an
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| action shall be identified in such minutes. All minutes and | 7 |
| documents
of a closed meeting shall remain under seal, | 8 |
| subject to release by a
majority vote of the Interstate | 9 |
| Commission. | 10 |
| (9) Collect standardized data concerning the | 11 |
| educational transition of the children of military | 12 |
| families under the compact as directed through its
rules, | 13 |
| which shall specify the data to be collected, the means of
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| collection and data exchange and reporting requirements. | 15 |
| Such
methods of data collection, exchange, and reporting | 16 |
| shall, in so far as is
reasonably possible, conform to | 17 |
| current technology and coordinate its
information | 18 |
| functions with the appropriate State custodian of | 19 |
| educational records as
identified in the rules. | 20 |
| (10) Create a process that permits military officials, | 21 |
| education officials, and parents to inform the Interstate | 22 |
| Commission if and when there are
alleged violations of the | 23 |
| compact or its rules or when issues subject to
the | 24 |
| jurisdiction of the compact or its rules are not addressed | 25 |
| by the
state or local education agency. This Section shall | 26 |
| not be construed to
create a private right of action |
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| against the Interstate Commission or
any member state.
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| (b) The Interstate Commission shall have the following | 3 |
| powers: | 4 |
| (1) To provide for dispute resolution among member | 5 |
| states. | 6 |
| (2) To promulgate rules and take all necessary actions | 7 |
| to effect the goals, purposes, and obligations as | 8 |
| enumerated in the compact. The rules
shall be binding in
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| the compact states to the extent and in the manner provided | 10 |
| in this
Act. These rules are not effective or enforceable | 11 |
| in this State until enacted into law in this State. | 12 |
| (3) To issue, upon request of a member state, advisory | 13 |
| opinions concerning the meaning or interpretation of the | 14 |
| interstate compact, its bylaws, rules, and actions. | 15 |
| (4) To enforce compliance with the compact provisions | 16 |
| and the rules
promulgated by the Interstate Commission | 17 |
| using all
necessary and proper means, including, but not | 18 |
| limited to, the use of
judicial process. These rules are | 19 |
| not effective or enforceable in this State until enacted | 20 |
| into law in this State. | 21 |
| (5) To establish and maintain offices, which shall be | 22 |
| located within one or more of the member states. | 23 |
| (6) To purchase and maintain insurance and bonds. | 24 |
| (7) To borrow, accept, hire, or contract for services | 25 |
| of personnel. | 26 |
| (8) To establish and appoint committees including, but |
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| not limited to, an executive committee as required by item | 2 |
| (5) of subsection (a) of this Section, which shall
have the | 3 |
| power to act on behalf of the Interstate Commission in
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| carrying out its powers and duties hereunder. | 5 |
| (9) To elect or appoint such officers, attorneys, | 6 |
| employees, agents, or consultants; to fix their | 7 |
| compensation, define their duties, and
determine their | 8 |
| qualifications; and to establish the Interstate
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| Commission's personnel policies and programs relating to | 10 |
| conflicts of
interest, rates of compensation, and | 11 |
| qualifications of personnel. | 12 |
| (10) To accept any and all donations and grants of | 13 |
| money, equipment, supplies, materials, and services, and | 14 |
| to receive, utilize, and dispose of it. | 15 |
| (11) To lease, purchase, accept contributions or | 16 |
| donations of, or otherwise to own, hold, improve, or use | 17 |
| any property, real, personal, or mixed. | 18 |
| (12) To sell, convey, mortgage, pledge, lease, | 19 |
| exchange, abandon, or
otherwise dispose of any property, | 20 |
| real, personal, or mixed. | 21 |
| (13) To establish a budget and make expenditures. | 22 |
| (14) To adopt a seal and bylaws governing the | 23 |
| management and operation of the Interstate Commission. | 24 |
| (15) To report annually to the legislatures, | 25 |
| governors, judiciary, and state councils of the member | 26 |
| states concerning the activities of the Interstate |
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| Commission during the preceding year. Such reports shall | 2 |
| also include any recommendations that may have been adopted | 3 |
| by the Interstate Commission. | 4 |
| (16) To coordinate education, training, and public | 5 |
| awareness regarding the compact, its implementation, and | 6 |
| operation for officials and parents involved in such | 7 |
| activity. | 8 |
| (17) To establish uniform standards for the reporting, | 9 |
| collecting, and
exchanging of data. These standards are not | 10 |
| effective or enforceable in this State until enacted into | 11 |
| law in this State. | 12 |
| (18) To maintain corporate books and records in | 13 |
| accordance with the
bylaws. | 14 |
| (19) To perform such functions as may be necessary or | 15 |
| appropriate to achieve the purposes of the compact. | 16 |
| (20) To provide for the uniform collection and sharing | 17 |
| of information
between and among member states, schools, | 18 |
| and military families under
the compact.
Provision for the | 19 |
| collection and sharing of information is not effective or | 20 |
| enforceable in this State until enacted into law in this | 21 |
| State. | 22 |
| (c) The Interstate Commission shall, by a majority of the | 23 |
| members present
and voting, within 12 months after the first | 24 |
| Interstate Commission
meeting, adopt bylaws to govern its | 25 |
| conduct as may be necessary or
appropriate to carry out the | 26 |
| purposes of the compact, including, but
not limited to: |
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| (1) Establishing the fiscal year of the Interstate | 2 |
| Commission. | 3 |
| (2) Establishing an executive committee and such other
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| committees as may be necessary. | 5 |
| (3) Providing for the establishment of committees and | 6 |
| for
governing any general or specific delegation of | 7 |
| authority or
function of the Interstate Commission. | 8 |
| (4) Providing reasonable procedures for calling and | 9 |
| conducting
meetings of the Interstate Commission, and | 10 |
| ensuring
reasonable notice of each such meeting. | 11 |
| (5) Establishing the titles and responsibilities of | 12 |
| the officers and
staff of the Interstate Commission. | 13 |
| (6) Providing a mechanism for concluding the | 14 |
| operations of the
Interstate Commission and the return of | 15 |
| surplus funds that
may exist upon the termination of the | 16 |
| compact after the
payment and reserving of all of its debts | 17 |
| and obligations. | 18 |
| (7) Providing "start-up" rules for initial | 19 |
| administration of the
compact. These rules are not | 20 |
| effective or enforceable in this State until enacted into | 21 |
| law in this State. | 22 |
| (d) The Interstate Commission shall, by a majority of the | 23 |
| members, elect
annually from among its members a chairperson, a | 24 |
| vice-chairperson,
and a treasurer, each of whom shall have such | 25 |
| authority and duties as
may be specified in the bylaws. The | 26 |
| chairperson or, in the
chairperson's absence or disability, the |
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| vice-chairperson, shall preside
at all meetings of the | 2 |
| Interstate Commission. The officers so elected
shall serve | 3 |
| without compensation or remuneration from the Interstate
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| Commission, provided that, subject to the availability of | 5 |
| budgeted
funds, the officers shall be reimbursed for ordinary | 6 |
| and necessary costs
and expenses incurred by them in the | 7 |
| performance of their
responsibilities as officers of the | 8 |
| Interstate Commission. | 9 |
| (e) The executive committee shall have such authority and | 10 |
| duties
as may be set forth in the bylaws, including, but not | 11 |
| limited
to: | 12 |
| (1) managing the affairs of the Interstate Commission | 13 |
| in
a manner consistent with the bylaws and purposes of
the | 14 |
| Interstate Commission; | 15 |
| (2) overseeing an organizational structure within and
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| appropriate procedures for the Interstate
Commission to | 17 |
| provide for the creation of rules,
operating procedures, | 18 |
| and administrative and
technical support functions; and | 19 |
| (3) planning, implementing, and coordinating
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| communications and activities with other state,
federal, | 21 |
| and local government organizations in order
to advance the | 22 |
| goals of the Interstate Commission. | 23 |
| The executive committee may, subject to the approval of the
| 24 |
| Interstate Commission, appoint or retain an executive director
| 25 |
| for such period, upon such terms and conditions and for such
| 26 |
| compensation, as the Interstate Commission may deem
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| appropriate. The executive director shall serve as secretary to
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| the Interstate Commission, but shall not be a member of the
| 3 |
| Interstate Commission. The executive director shall hire and
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| supervise such other persons as may be authorized by the
| 5 |
| Interstate Commission. | 6 |
| (f) The Interstate Commission's executive director and its | 7 |
| employees shall
be immune from suit and liability, either | 8 |
| personally or in their official
capacity, for a claim for | 9 |
| damage to or loss of property or personal injury
or other civil | 10 |
| liability caused or arising out of or relating to an actual or
| 11 |
| alleged act, error, or omission that occurred, or that such | 12 |
| person had a
reasonable basis for believing occurred, within | 13 |
| the scope of Interstate
Commission employment, duties, or | 14 |
| responsibilities; provided, that
such person shall not be | 15 |
| protected from suit or liability for damage,
loss, injury, or | 16 |
| liability caused by the intentional or willful and wanton
| 17 |
| misconduct of such person. | 18 |
| (g) The liability of the Interstate Commission's executive | 19 |
| director
and employees or Interstate Commission | 20 |
| representatives,
acting within the scope of such person's | 21 |
| employment or duties,
for acts, errors, or omissions occurring | 22 |
| within such person's
state may not exceed the limits of | 23 |
| liability set forth under the
Constitution and laws of that | 24 |
| state for state officials,
employees, and agents. The | 25 |
| Interstate Commission is
considered to be an instrumentality of | 26 |
| the states for the
purposes of any such action. Nothing in this |
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| subsection (g) shall
be construed to protect such person from | 2 |
| suit or liability for
damage, loss, injury, or liability caused | 3 |
| by the intentional or
willful and wanton misconduct of such | 4 |
| person. | 5 |
| (h) The Interstate Commission shall defend the executive | 6 |
| director
and its employees and, subject to the approval of the | 7 |
| Attorney
General or other appropriate legal counsel of the | 8 |
| member state
represented by an Interstate Commission | 9 |
| representative, shall
defend such Interstate Commission | 10 |
| representative in any civil
action seeking to impose liability | 11 |
| arising out of an actual or
alleged act, error, or omission | 12 |
| that occurred within the scope of
Interstate Commission | 13 |
| employment, duties, or responsibilities,
or that the defendant | 14 |
| had a reasonable basis for believing
occurred within the scope | 15 |
| of Interstate Commission
employment, duties, or | 16 |
| responsibilities, provided that the
actual or alleged act, | 17 |
| error, or omission did not result from
intentional or willful | 18 |
| and wanton misconduct on the part of
such person. | 19 |
| (i) To the extent not covered by the state involved, member | 20 |
| state,
or the Interstate Commission, the representatives or
| 21 |
| employees of the Interstate Commission shall be held
harmless | 22 |
| in the amount of a settlement or judgment,
including attorney's | 23 |
| fees and costs, obtained against such
persons arising out of an | 24 |
| actual or alleged act, error, or
omission that occurred within | 25 |
| the scope of Interstate
Commission employment, duties, or | 26 |
| responsibilities, or that
such persons had a reasonable basis |
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| for believing occurred
within the scope of Interstate | 2 |
| Commission employment,
duties, or responsibilities, provided | 3 |
| that the actual or alleged
act, error, or omission did not | 4 |
| result from intentional or willful
and wanton misconduct on the | 5 |
| part of such persons.
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| Section 50. Rulemaking of the Interstate Commission. The | 7 |
| Interstate Commission on Educational Opportunity for Military | 8 |
| Children shall promulgate
reasonable rules in order to | 9 |
| effectively and efficiently achieve the
purposes of the | 10 |
| compact. Notwithstanding the foregoing, in the
event the | 11 |
| Interstate Commission exercises its rulemaking authority in
a | 12 |
| manner that is beyond the scope of the purposes of the compact, | 13 |
| or the
powers granted hereunder, then such an action by the | 14 |
| Interstate
Commission shall be invalid and have no force or | 15 |
| effect. Notwithstanding the other provisions of this Section, | 16 |
| no rule is effective or enforceable in this State until enacted | 17 |
| into law in this State. | 18 |
| Rules shall be made pursuant to a
rulemaking process that | 19 |
| substantially conforms to the "Model State
Administrative | 20 |
| Procedure Act," of 1981 Act, Uniform Laws Annotated,
Vol. 15, | 21 |
| p.1 (2000) as amended, as may be appropriate to the
operations | 22 |
| of the Interstate Commission. | 23 |
| Notwithstanding any other provision of this Act, no rule of | 24 |
| the Interstate Commission has force and effect in this State | 25 |
| unless and until the State Council reviews the rule and |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| recommends to the General Assembly that the rule be enacted | 2 |
| into law in this State and the rule is enacted into law in this | 3 |
| State. | 4 |
| Section 55. Resolution of disputes. The Interstate | 5 |
| Commission on Educational Opportunity for Military Children | 6 |
| shall attempt, upon the request of
a member state, to resolve | 7 |
| disputes that are subject to the
compact and that may arise | 8 |
| among member states and
between member and non-member states. | 9 |
| Section 60. Financing of the Interstate Commission. | 10 |
| (a) The Interstate Commission on Educational Opportunity | 11 |
| for Military Children shall pay or provide for the payment of | 12 |
| the
reasonable expenses of its establishment, organization, | 13 |
| and ongoing
activities. | 14 |
| (b) The Interstate Commission may levy and collect an | 15 |
| annual
assessment of $1 per student who has a parent who is | 16 |
| active duty military personnel. | 17 |
| (c) The Interstate Commission shall not incur obligations | 18 |
| of any kind prior
to securing the funds adequate to meet the | 19 |
| same; nor shall the
Interstate Commission pledge the credit of | 20 |
| any of the member states,
except by and with the authority of | 21 |
| the member state. | 22 |
| (d) The Interstate Commission shall keep accurate accounts | 23 |
| of all receipts
and disbursements. The receipts and | 24 |
| disbursements of the Interstate
Commission shall be subject to |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| the audit and accounting procedures
established under its | 2 |
| bylaws. However, all receipts and disbursements
of funds | 3 |
| handled by the Interstate Commission shall be audited yearly
by | 4 |
| a certified or licensed public accountant, and the report of | 5 |
| the audit
shall be included in and become part of the annual | 6 |
| report of the
Interstate Commission.
| 7 |
| Section 65. Withdrawal and dissolution of compact. | 8 |
| (a) Once effective, the compact shall continue in force and | 9 |
| remain
binding upon each and every member state, provided that | 10 |
| a
member state may withdraw from the compact by specifically
| 11 |
| repealing the statute that enacted the compact into law. | 12 |
| (b) Withdrawal from the compact shall be by the enactment | 13 |
| of a
statute repealing the same. | 14 |
| (c) The withdrawing state shall immediately notify the
| 15 |
| chairperson of the Interstate Commission on Educational | 16 |
| Opportunity for Military Children in writing upon the
| 17 |
| introduction of legislation repealing the compact in the
| 18 |
| withdrawing state. The Interstate Commission shall notify the
| 19 |
| other member states of the withdrawing state's intent to
| 20 |
| withdraw within 60 days of its receipt thereof. | 21 |
| (d) The withdrawing state is responsible for all | 22 |
| assessments,
obligations, and liabilities incurred through the | 23 |
| effective date of
withdrawal. | 24 |
| (e) Reinstatement following withdrawal of a member state | 25 |
| shall
occur upon the withdrawing state reenacting the compact |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| or
upon such later date as determined by the Interstate
| 2 |
| Commission. | 3 |
| (f) The compact shall dissolve effective upon the date of | 4 |
| the
withdrawal or default of the member state that reduces the
| 5 |
| membership in the compact to one member state. | 6 |
| (g) Upon the dissolution of the compact, the compact | 7 |
| becomes
null and void and shall be of no further force or | 8 |
| effect, and the
business and affairs of the Interstate | 9 |
| Commission shall be
concluded and surplus funds shall be | 10 |
| distributed in
accordance with the bylaws.
| 11 |
| Section 70. Severability and construction. | 12 |
| (a) The provisions of this Act are severable, and if any | 13 |
| phrase,
clause, sentence, or provision is deemed | 14 |
| unenforceable, the remaining
provisions of this Act are | 15 |
| enforceable. | 16 |
| (b) The provisions of this Act shall be liberally construed | 17 |
| to effectuate
its purposes. | 18 |
| (c) Nothing in this Act shall be construed to prohibit the | 19 |
| applicability
of other interstate compacts to which the states | 20 |
| are members.
| 21 |
| Section 75. Binding effect of Act and other laws. | 22 |
| (a) Nothing in this Act prevents the enforcement of any | 23 |
| other law that is not inconsistent with this Act. | 24 |
| (b) All laws conflicting with this Act are
superseded to |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| the extent of the conflict. | 2 |
| (c) All agreements between the Interstate Commission on | 3 |
| Educational Opportunity for Military Children and the
member | 4 |
| states are binding in accordance with their terms. | 5 |
| (d) In the event any provision of this Act exceeds the
| 6 |
| constitutional limits imposed on the legislature, such | 7 |
| provision shall be ineffective to the extent of the
conflict | 8 |
| with the constitutional provision in question.
| 9 |
| Section 905. The School Code is amended by changing Section | 10 |
| 27-8.1 as follows: | 11 |
| (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 12 |
| Sec. 27-8.1. Health examinations and immunizations. | 13 |
| (1) In compliance with rules and regulations which the | 14 |
| Department of Public
Health shall promulgate, and except as | 15 |
| hereinafter provided, all children in
Illinois shall have a | 16 |
| health examination as follows: within one year prior to
| 17 |
| entering kindergarten or the first grade of any public, | 18 |
| private, or parochial
elementary school; upon entering the | 19 |
| sixth and ninth grades of any public,
private, or parochial | 20 |
| school; prior to entrance into any public, private, or
| 21 |
| parochial nursery school; and, irrespective of grade, | 22 |
| immediately prior to or
upon entrance into any public, private, | 23 |
| or parochial school or nursery school,
each child shall present | 24 |
| proof of having been examined in accordance with this
Section |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| and the rules and regulations promulgated hereunder. Any child | 2 |
| who received a health examination within one year prior to | 3 |
| entering the fifth grade for the 2007-2008 school year is not | 4 |
| required to receive an additional health examination in order | 5 |
| to comply with the provisions of Public Act 95-422 when he or | 6 |
| she attends school for the 2008-2009 school year, unless the | 7 |
| child is attending school for the first time as provided in | 8 |
| this paragraph. | 9 |
| A tuberculosis skin test screening shall be included as a | 10 |
| required part of
each health examination included under this | 11 |
| Section if the child resides in an
area designated by the | 12 |
| Department of Public Health as having a high incidence
of | 13 |
| tuberculosis. Additional health examinations of pupils, | 14 |
| including eye examinations, may be required when deemed | 15 |
| necessary by school
authorities. Parents are encouraged to have | 16 |
| their children undergo eye examinations at the same points in | 17 |
| time required for health
examinations. | 18 |
| (1.5) In compliance with rules adopted by the Department of | 19 |
| Public Health and except as otherwise provided in this Section, | 20 |
| all children in kindergarten and the second and sixth grades of | 21 |
| any public, private, or parochial school shall have a dental | 22 |
| examination. Each of these children shall present proof of | 23 |
| having been examined by a dentist in accordance with this | 24 |
| Section and rules adopted under this Section before May 15th of | 25 |
| the school year. If a child in the second or sixth grade fails | 26 |
| to present proof by May 15th, the school may hold the child's |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| report card until one of the following occurs: (i) the child | 2 |
| presents proof of a completed dental examination or (ii) the | 3 |
| child presents proof that a dental examination will take place | 4 |
| within 60 days after May 15th. The Department of Public Health | 5 |
| shall establish, by rule, a waiver for children who show an | 6 |
| undue burden or a lack of access to a dentist. Each public, | 7 |
| private, and parochial school must give notice of this dental | 8 |
| examination requirement to the parents and guardians of | 9 |
| students at least 60 days before May 15th of each school year.
| 10 |
| (1.10) Except as otherwise provided in this Section, all | 11 |
| children enrolling in kindergarten in a public, private, or | 12 |
| parochial school on or after the effective date of this | 13 |
| amendatory Act of the 95th General Assembly and any student | 14 |
| enrolling for the first time in a public, private, or parochial | 15 |
| school on or after the effective date of this amendatory Act of | 16 |
| the 95th General Assembly shall have an eye examination. Each | 17 |
| of these children shall present proof of having been examined | 18 |
| by a physician licensed to practice medicine in all of its | 19 |
| branches or a licensed optometrist within the previous year, in | 20 |
| accordance with this Section and rules adopted under this | 21 |
| Section, before October 15th of the school year. If the child | 22 |
| fails to present proof by October 15th, the school may hold the | 23 |
| child's report card until one of the following occurs: (i) the | 24 |
| child presents proof of a completed eye examination or (ii) the | 25 |
| child presents proof that an eye examination will take place | 26 |
| within 60 days after October 15th. The Department of Public |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| Health shall establish, by rule, a waiver for children who show | 2 |
| an undue burden or a lack of access to a physician licensed to | 3 |
| practice medicine in all of its branches who provides eye | 4 |
| examinations or to a licensed optometrist. Each public, | 5 |
| private, and parochial school must give notice of this eye | 6 |
| examination requirement to the parents and guardians of | 7 |
| students in compliance with rules of the Department of Public | 8 |
| Health. Nothing in this Section shall be construed to allow a | 9 |
| school to exclude a child from attending because of a parent's | 10 |
| or guardian's failure to obtain an eye examination for the | 11 |
| child.
| 12 |
| (2) The Department of Public Health shall promulgate rules | 13 |
| and regulations
specifying the examinations and procedures | 14 |
| that constitute a health examination, which shall include the | 15 |
| collection of data relating to obesity
(including at a minimum, | 16 |
| date of birth, gender, height, weight, blood pressure, and date | 17 |
| of exam),
and a dental examination and may recommend by rule | 18 |
| that certain additional examinations be performed.
The rules | 19 |
| and regulations of the Department of Public Health shall | 20 |
| specify that
a tuberculosis skin test screening shall be | 21 |
| included as a required part of each
health examination included | 22 |
| under this Section if the child resides in an area
designated | 23 |
| by the Department of Public Health as having a high incidence | 24 |
| of
tuberculosis.
The Department of Public Health shall specify | 25 |
| that a diabetes
screening as defined by rule shall be included | 26 |
| as a required part of each
health examination.
Diabetes testing |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| is not required. | 2 |
| Physicians licensed to practice medicine in all of its | 3 |
| branches, advanced
practice nurses who have a written | 4 |
| collaborative agreement with
a collaborating physician which | 5 |
| authorizes them to perform health
examinations, or physician | 6 |
| assistants who have been delegated the
performance of health | 7 |
| examinations by their supervising physician
shall be
| 8 |
| responsible for the performance of the health examinations, | 9 |
| other than dental
examinations, eye examinations, and vision | 10 |
| and hearing screening, and shall sign all report forms
required | 11 |
| by subsection (4) of this Section that pertain to those | 12 |
| portions of
the health examination for which the physician, | 13 |
| advanced practice nurse, or
physician assistant is | 14 |
| responsible.
If a registered
nurse performs any part of a | 15 |
| health examination, then a physician licensed to
practice | 16 |
| medicine in all of its branches must review and sign all | 17 |
| required
report forms. Licensed dentists shall perform all | 18 |
| dental examinations and
shall sign all report forms required by | 19 |
| subsection (4) of this Section that
pertain to the dental | 20 |
| examinations. Physicians licensed to practice medicine
in all | 21 |
| its branches or licensed optometrists shall perform all eye | 22 |
| examinations
required by this Section and shall sign all report | 23 |
| forms required by
subsection (4) of this Section that pertain | 24 |
| to the eye examination. For purposes of this Section, an eye | 25 |
| examination shall at a minimum include history, visual acuity, | 26 |
| subjective refraction to best visual acuity near and far, |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| internal and external examination, and a glaucoma evaluation, | 2 |
| as well as any other tests or observations that in the | 3 |
| professional judgment of the doctor are necessary. Vision and
| 4 |
| hearing screening tests, which shall not be considered | 5 |
| examinations as that
term is used in this Section, shall be | 6 |
| conducted in accordance with rules and
regulations of the | 7 |
| Department of Public Health, and by individuals whom the
| 8 |
| Department of Public Health has certified.
In these rules and | 9 |
| regulations, the Department of Public Health shall
require that | 10 |
| individuals conducting vision screening tests give a child's
| 11 |
| parent or guardian written notification, before the vision | 12 |
| screening is
conducted, that states, "Vision screening is not a | 13 |
| substitute for a
complete eye and vision evaluation by an eye | 14 |
| doctor. Your child is not
required to undergo this vision | 15 |
| screening if an optometrist or
ophthalmologist has completed | 16 |
| and signed a report form indicating that
an examination has | 17 |
| been administered within the previous 12 months." | 18 |
| (3) Every child shall, at or about the same time as he or | 19 |
| she receives
a health examination required by subsection (1) of | 20 |
| this Section, present
to the local school proof of having | 21 |
| received such immunizations against
preventable communicable | 22 |
| diseases as the Department of Public Health shall
require by | 23 |
| rules and regulations promulgated pursuant to this Section and | 24 |
| the
Communicable Disease Prevention Act. | 25 |
| (4) The individuals conducting the health examination,
| 26 |
| dental examination, or eye examination shall record the
fact of |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| having conducted the examination, and such additional | 2 |
| information as
required, including for a health examination
| 3 |
| data relating to obesity
(including at a minimum, date of | 4 |
| birth, gender, height, weight, blood pressure, and date of | 5 |
| exam), on uniform forms which the Department of Public Health | 6 |
| and the State
Board of Education shall prescribe for statewide | 7 |
| use. The examiner shall
summarize on the report form any | 8 |
| condition that he or she suspects indicates a
need for special | 9 |
| services, including for a health examination factors relating | 10 |
| to obesity. The individuals confirming the administration of
| 11 |
| required immunizations shall record as indicated on the form | 12 |
| that the
immunizations were administered. | 13 |
| (5) If a child does not submit proof of having had either | 14 |
| the health
examination or the immunization as required, then | 15 |
| the child shall be examined
or receive the immunization, as the | 16 |
| case may be, and present proof by October
15 of the current | 17 |
| school year, or by an earlier date of the current school year
| 18 |
| established by a school district. To establish a date before | 19 |
| October 15 of the
current school year for the health | 20 |
| examination or immunization as required, a
school district must | 21 |
| give notice of the requirements of this Section 60 days
prior | 22 |
| to the earlier established date. If for medical reasons one or | 23 |
| more of
the required immunizations must be given after October | 24 |
| 15 of the current school
year, or after an earlier established | 25 |
| date of the current school year, then
the child shall present, | 26 |
| by October 15, or by the earlier established date, a
schedule |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| for the administration of the immunizations and a statement of | 2 |
| the
medical reasons causing the delay, both the schedule and | 3 |
| the statement being
issued by the physician, advanced practice | 4 |
| nurse, physician assistant,
registered nurse, or local health | 5 |
| department that will
be responsible for administration of the | 6 |
| remaining required immunizations. If
a child does not comply by | 7 |
| October 15, or by the earlier established date of
the current | 8 |
| school year, with the requirements of this subsection, then the
| 9 |
| local school authority shall exclude that child from school | 10 |
| until such time as
the child presents proof of having had the | 11 |
| health examination as required and
presents proof of having | 12 |
| received those required immunizations which are
medically | 13 |
| possible to receive immediately. During a child's exclusion | 14 |
| from
school for noncompliance with this subsection, the child's | 15 |
| parents or legal
guardian shall be considered in violation of | 16 |
| Section 26-1 and subject to any
penalty imposed by Section | 17 |
| 26-10. This subsection (5) does not apply to dental | 18 |
| examinations and eye examinations. Until June 30, 2012, if the | 19 |
| student is an out-of-state transfer student and does not have | 20 |
| the proof required under this subsection (5) before October 15 | 21 |
| of the current year or whatever date is set by the school | 22 |
| district, then he or she may only attend classes (i) if he or | 23 |
| she has proof that an appointment for the required vaccinations | 24 |
| has been scheduled with a party authorized to submit proof of | 25 |
| the required vaccinations. If the proof of vaccination required | 26 |
| under this subsection (5) is not submitted within 30 days after |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| the student is permitted to attend classes, then the student is | 2 |
| not to be permitted to attend classes until proof of the | 3 |
| vaccinations has been properly submitted. No school district or | 4 |
| employee of a school district shall be held liable for any | 5 |
| injury or illness to another person that results from admitting | 6 |
| an out-of-state transfer student to class that has an | 7 |
| appointment scheduled pursuant to this subsection (5). | 8 |
| (6) Every school shall report to the State Board of | 9 |
| Education by November
15, in the manner which that agency shall | 10 |
| require, the number of children who
have received the necessary | 11 |
| immunizations and the health examination (other than a dental | 12 |
| examination or eye examination) as
required, indicating, of | 13 |
| those who have not received the immunizations and
examination | 14 |
| as required, the number of children who are exempt from health
| 15 |
| examination and immunization requirements on religious or | 16 |
| medical grounds as
provided in subsection (8). Every school | 17 |
| shall report to the State Board of Education by June 30, in the | 18 |
| manner that the State Board requires, the number of children | 19 |
| who have received the required dental examination, indicating, | 20 |
| of those who have not received the required dental examination, | 21 |
| the number of children who are exempt from the dental | 22 |
| examination on religious grounds as provided in subsection (8) | 23 |
| of this Section and the number of children who have received a | 24 |
| waiver under subsection (1.5) of this Section. 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 |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| who have received the required eye examination, indicating, of | 2 |
| those who have not received the required eye examination, the | 3 |
| number of children who are exempt from the eye examination as | 4 |
| provided in subsection (8) of this Section, the number of | 5 |
| children who have received a waiver under subsection (1.10) of | 6 |
| this Section, and the total number of children in noncompliance | 7 |
| with the eye examination requirement. This reported | 8 |
| information shall be provided to the
Department of Public | 9 |
| Health by the State Board of Education. | 10 |
| (7) Upon determining that the number of pupils who are | 11 |
| required to be in
compliance with subsection (5) of this | 12 |
| Section is below 90% of the number of
pupils enrolled in the | 13 |
| school district, 10% of each State aid payment made
pursuant to | 14 |
| Section 18-8.05 to the school district for such year may be | 15 |
| withheld
by the State Board of Education until the number of | 16 |
| students in compliance with
subsection (5) is the applicable | 17 |
| specified percentage or higher. | 18 |
| (8) Parents or legal guardians who object to health,
| 19 |
| dental, or eye examinations or any part thereof, or to | 20 |
| immunizations, on religious grounds
shall not be required to | 21 |
| submit their children or wards to the examinations
or | 22 |
| immunizations to which they so object if such parents or legal | 23 |
| guardians
present to the appropriate local school authority a | 24 |
| signed statement of
objection, detailing the grounds for the | 25 |
| objection. If the physical condition
of the child is such that | 26 |
| any one or more of the immunizing agents should not
be |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| administered, the examining physician, advanced practice | 2 |
| nurse, or
physician assistant responsible for the performance | 3 |
| of the
health examination shall endorse that fact upon the | 4 |
| health examination form.
Exempting a child from the health,
| 5 |
| dental, or eye examination does not exempt the child from
| 6 |
| participation in the program of physical education training | 7 |
| provided in
Sections 27-5 through 27-7 of this Code. | 8 |
| (9) For the purposes of this Section, "nursery schools" | 9 |
| means those nursery
schools operated by elementary school | 10 |
| systems or secondary level school units
or institutions of | 11 |
| higher learning. | 12 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; | 13 |
| 95-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff. | 14 |
| 7-16-08; 95-876, eff. 8-21-08.) | 15 |
| Section 910. The Illinois School Student Records Act is | 16 |
| amended by changing Section 8.1 as follows: | 17 |
| (105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1) | 18 |
| Sec. 8.1. (a) No school may refuse to admit or enroll a | 19 |
| student
because of that student's failure to present his | 20 |
| student permanent or
temporary record from a school previously | 21 |
| attended. | 22 |
| (b) When a new student applies for admission to a school | 23 |
| and does not
present his school student record, such school may | 24 |
| notify the school or
school district last attended by such |
|
|
|
HB4674 Engrossed |
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LRB096 15406 MJR 30569 b |
|
| 1 |
| student, requesting that the
student's school student record be | 2 |
| copied and sent to it; such request
shall be honored within 10 | 3 |
| days after it is received. Within
10 days after receiving a | 4 |
| request from the Department of Children and
Family Services, | 5 |
| the school district last attended by the student shall
send the | 6 |
| student's school student record to the receiving school | 7 |
| district. | 8 |
| (c) In the case of a transfer between school districts of a | 9 |
| student
who is eligible for special education and related | 10 |
| services, when the parent
or guardian of the student presents a | 11 |
| copy of the student's then current
individualized education | 12 |
| program (IEP) to the new school, the student shall
be placed in | 13 |
| a special education program in accordance with that described
| 14 |
| in the student's IEP. | 15 |
| (d) Until June 30, 2012, out-of-state transfer students, | 16 |
| including children of military personnel that transfer into | 17 |
| this State, may use unofficial transcripts for admission to a | 18 |
| school until official transcripts are obtained from his or her | 19 |
| last school district. | 20 |
| (Source: P.A. 87-372.) | 21 |
| Section 995. Repealer. This Act is repealed on June 30, | 22 |
| 2012.
| 23 |
| Section 999. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|