Full Text of SB2654 100th General Assembly
SB2654eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-391 and by adding Section | 7 | | 2310-700 as follows: | 8 | | (20 ILCS 2310/2310-391) | 9 | | Sec. 2310-391. Meningitis; educational materials. The | 10 | | Department shall develop educational materials on meningitis | 11 | | for distribution in elementary and secondary schools. In | 12 | | addition, the Department shall comply with Section 2310-700 of | 13 | | this Law.
| 14 | | (Source: P.A. 94-769, eff. 5-12-06.) | 15 | | (20 ILCS 2310/2310-700 new) | 16 | | Sec. 2310-700. Influenza and meningococcal disease and | 17 | | vaccine information; school districts. The Department shall | 18 | | develop, provide, or approve and shall publish informational | 19 | | materials for school districts in this State regarding | 20 | | influenza and influenza vaccinations and meningococcal disease | 21 | | and meningococcal vaccinations in accordance with the latest | 22 | | information provided by the Advisory Committee on Immunization |
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| 1 | | Practices of the Centers for Disease Control and Prevention. | 2 | | Section 10. The School Code is amended by changing Section | 3 | | 27-8.1 as follows: | 4 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 5 | | Sec. 27-8.1. Health examinations and immunizations. | 6 | | (1) In compliance with rules and regulations which the | 7 | | Department of Public
Health shall promulgate, and except as | 8 | | hereinafter provided, all children in
Illinois shall have a | 9 | | health examination as follows: within one year prior to
| 10 | | entering kindergarten or the first grade of any public, | 11 | | private, or parochial
elementary school; upon entering the | 12 | | sixth and ninth grades of any public,
private, or parochial | 13 | | school; prior to entrance into any public, private, or
| 14 | | parochial nursery school; and, irrespective of grade, | 15 | | immediately prior to or
upon entrance into any public, private, | 16 | | or parochial school or nursery school,
each child shall present | 17 | | proof of having been examined in accordance with this
Section | 18 | | and the rules and regulations promulgated hereunder. Any child | 19 | | who received a health examination within one year prior to | 20 | | entering the fifth grade for the 2007-2008 school year is not | 21 | | required to receive an additional health examination in order | 22 | | to comply with the provisions of Public Act 95-422 when he or | 23 | | she attends school for the 2008-2009 school year, unless the | 24 | | child is attending school for the first time as provided in |
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| 1 | | this paragraph. | 2 | | A tuberculosis skin test screening shall be included as a | 3 | | required part of
each health examination included under this | 4 | | Section if the child resides in an
area designated by the | 5 | | Department of Public Health as having a high incidence
of | 6 | | tuberculosis. Additional health examinations of pupils, | 7 | | including eye examinations, may be required when deemed | 8 | | necessary by school
authorities. Parents are encouraged to have | 9 | | their children undergo eye examinations at the same points in | 10 | | time required for health
examinations. | 11 | | (1.5) In compliance with rules adopted by the Department of | 12 | | Public Health and except as otherwise provided in this Section, | 13 | | all children in kindergarten and the second and sixth grades of | 14 | | any public, private, or parochial school shall have a dental | 15 | | examination. Each of these children shall present proof of | 16 | | having been examined by a dentist in accordance with this | 17 | | Section and rules adopted under this Section before May 15th of | 18 | | the school year. If a child in the second or sixth grade fails | 19 | | to present proof by May 15th, the school may hold the child's | 20 | | report card until one of the following occurs: (i) the child | 21 | | presents proof of a completed dental examination or (ii) the | 22 | | child presents proof that a dental examination will take place | 23 | | within 60 days after May 15th. The Department of Public Health | 24 | | shall establish, by rule, a waiver for children who show an | 25 | | undue burden or a lack of access to a dentist. Each public, | 26 | | private, and parochial school must give notice of this dental |
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| 1 | | examination requirement to the parents and guardians of | 2 | | students at least 60 days before May 15th of each school year.
| 3 | | (1.10) Except as otherwise provided in this Section, all | 4 | | children enrolling in kindergarten in a public, private, or | 5 | | parochial school on or after January 1, 2008 ( the effective | 6 | | date of Public Act 95-671) this amendatory Act of the 95th | 7 | | General Assembly and any student enrolling for the first time | 8 | | in a public, private, or parochial school on or after January | 9 | | 1, 2008 ( the effective date of Public Act 95-671) this | 10 | | amendatory Act of the 95th General Assembly shall have an eye | 11 | | examination. Each of these children shall present proof of | 12 | | having been examined by a physician licensed to practice | 13 | | medicine in all of its branches or a licensed optometrist | 14 | | within the previous year, in accordance with this Section and | 15 | | rules adopted under this Section, before October 15th of the | 16 | | school year. If the child fails to present proof by October | 17 | | 15th, the school may hold the child's report card until one of | 18 | | the following occurs: (i) the child presents proof of a | 19 | | completed eye examination or (ii) the child presents proof that | 20 | | an eye examination will take place within 60 days after October | 21 | | 15th. The Department of Public Health shall establish, by rule, | 22 | | a waiver for children who show an undue burden or a lack of | 23 | | access to a physician licensed to practice medicine in all of | 24 | | its branches who provides eye examinations or to a licensed | 25 | | optometrist. Each public, private, and parochial school must | 26 | | give notice of this eye examination requirement to the parents |
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| 1 | | and guardians of students in compliance with rules of the | 2 | | Department of Public Health. Nothing in this Section shall be | 3 | | construed to allow a school to exclude a child from attending | 4 | | because of a parent's or guardian's failure to obtain an eye | 5 | | examination for the child.
| 6 | | (2) The Department of Public Health shall promulgate rules | 7 | | and regulations
specifying the examinations and procedures | 8 | | that constitute a health examination, which shall include an | 9 | | age-appropriate developmental screening, an age-appropriate | 10 | | social and emotional screening, and the collection of data | 11 | | relating to asthma and obesity
(including at a minimum, date of | 12 | | birth, gender, height, weight, blood pressure, and date of | 13 | | exam),
and a dental examination and may recommend by rule that | 14 | | certain additional examinations be performed.
The rules and | 15 | | regulations of the Department of Public Health shall specify | 16 | | that
a tuberculosis skin test screening shall be included as a | 17 | | required part of each
health examination included under this | 18 | | Section if the child resides in an area
designated by the | 19 | | Department of Public Health as having a high incidence of
| 20 | | tuberculosis.
With respect to the developmental screening and | 21 | | the social and emotional screening, the Department of Public | 22 | | Health must develop rules and appropriate revisions to the | 23 | | Child Health Examination form in conjunction with a statewide | 24 | | organization representing school boards; a statewide | 25 | | organization representing pediatricians; statewide | 26 | | organizations representing individuals holding Illinois |
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| 1 | | educator licenses with school support personnel endorsements, | 2 | | including school social workers, school psychologists, and | 3 | | school nurses; a statewide organization representing | 4 | | children's mental health experts; a statewide organization | 5 | | representing school principals; the Director of Healthcare and | 6 | | Family Services or his or her designee, the State | 7 | | Superintendent of Education or his or her designee; and | 8 | | representatives of other appropriate State agencies and, at a | 9 | | minimum, must recommend the use of validated screening tools | 10 | | appropriate to the child's age or grade, and, with regard to | 11 | | the social and emotional screening, require recording only | 12 | | whether or not the screening was completed. The rules shall | 13 | | take into consideration the screening recommendations of the | 14 | | American Academy of Pediatrics and must be consistent with the | 15 | | State Board of Education's social and emotional learning | 16 | | standards. The Department of Public Health shall specify that a | 17 | | diabetes
screening as defined by rule shall be included as a | 18 | | required part of each
health examination.
Diabetes testing is | 19 | | not required. | 20 | | Physicians licensed to practice medicine in all of its | 21 | | branches, licensed advanced
practice registered nurses, or | 22 | | licensed physician assistants shall be
responsible for the | 23 | | performance of the health examinations, other than dental
| 24 | | examinations, eye examinations, and vision and hearing | 25 | | screening, and shall sign all report forms
required by | 26 | | subsection (4) of this Section that pertain to those portions |
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| 1 | | of
the health examination for which the physician, advanced | 2 | | practice registered nurse, or
physician assistant is | 3 | | responsible.
If a registered
nurse performs any part of a | 4 | | health examination, then a physician licensed to
practice | 5 | | medicine in all of its branches must review and sign all | 6 | | required
report forms. Licensed dentists shall perform all | 7 | | dental examinations and
shall sign all report forms required by | 8 | | subsection (4) of this Section that
pertain to the dental | 9 | | examinations. Physicians licensed to practice medicine
in all | 10 | | its branches or licensed optometrists shall perform all eye | 11 | | examinations
required by this Section and shall sign all report | 12 | | forms required by
subsection (4) of this Section that pertain | 13 | | to the eye examination. For purposes of this Section, an eye | 14 | | examination shall at a minimum include history, visual acuity, | 15 | | subjective refraction to best visual acuity near and far, | 16 | | internal and external examination, and a glaucoma evaluation, | 17 | | as well as any other tests or observations that in the | 18 | | professional judgment of the doctor are necessary. Vision and
| 19 | | hearing screening tests, which shall not be considered | 20 | | examinations as that
term is used in this Section, shall be | 21 | | conducted in accordance with rules and
regulations of the | 22 | | Department of Public Health, and by individuals whom the
| 23 | | Department of Public Health has certified.
In these rules and | 24 | | regulations, the Department of Public Health shall
require that | 25 | | individuals conducting vision screening tests give a child's
| 26 | | parent or guardian written notification, before the vision |
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| 1 | | screening is
conducted, that states, "Vision screening is not a | 2 | | substitute for a
complete eye and vision evaluation by an eye | 3 | | doctor. Your child is not
required to undergo this vision | 4 | | screening if an optometrist or
ophthalmologist has completed | 5 | | and signed a report form indicating that
an examination has | 6 | | been administered within the previous 12 months." . | 7 | | (2.5) With respect to the developmental screening and the | 8 | | social and emotional screening portion of the health | 9 | | examination, each child may present proof of having been | 10 | | screened in accordance with this Section and the rules adopted | 11 | | under this Section before October 15th of the school year. With | 12 | | regard to the social and emotional screening only, the | 13 | | examining health care provider shall only record whether or not | 14 | | the screening was completed. If the child fails to present | 15 | | proof of the developmental screening or the social and | 16 | | emotional screening portions of the health examination by | 17 | | October 15th of the school year, qualified school support | 18 | | personnel may, with a parent's or guardian's consent, offer the | 19 | | developmental screening or the social and emotional screening | 20 | | to the child. Each public, private, and parochial school must | 21 | | give notice of the developmental screening and social and | 22 | | emotional screening requirements to the parents and guardians | 23 | | of students in compliance with the rules of the Department of | 24 | | Public Health. Nothing in this Section shall be construed to | 25 | | allow a school to exclude a child from attending because of a | 26 | | parent's or guardian's failure to obtain a developmental |
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| 1 | | screening or a social and emotional screening for the child. | 2 | | Once a developmental screening or a social and emotional | 3 | | screening is completed and proof has been presented to the | 4 | | school, the school may, with a parent's or guardian's consent, | 5 | | make available appropriate school personnel to work with the | 6 | | parent or guardian, the child, and the provider who signed the | 7 | | screening form to obtain any appropriate evaluations and | 8 | | services as indicated on the form and in other information and | 9 | | documentation provided by the parents, guardians, or provider. | 10 | | (3) Every child shall, at or about the same time as he or | 11 | | she receives
a health examination required by subsection (1) of | 12 | | this Section, present
to the local school proof of having | 13 | | received such immunizations against
preventable communicable | 14 | | diseases as the Department of Public Health shall
require by | 15 | | rules and regulations promulgated pursuant to this Section and | 16 | | the
Communicable Disease Prevention Act. | 17 | | (4) The individuals conducting the health examination,
| 18 | | dental examination, or eye examination shall record the
fact of | 19 | | having conducted the examination, and such additional | 20 | | information as
required, including for a health examination
| 21 | | data relating to asthma and obesity
(including at a minimum, | 22 | | date of birth, gender, height, weight, blood pressure, and date | 23 | | of exam), on uniform forms which the Department of Public | 24 | | Health and the State
Board of Education shall prescribe for | 25 | | statewide use. The examiner shall
summarize on the report form | 26 | | any condition that he or she suspects indicates a
need for |
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| 1 | | special services, including for a health examination factors | 2 | | relating to asthma or obesity. The duty to summarize on the | 3 | | report form does not apply to social and emotional screenings. | 4 | | The confidentiality of the information and records relating to | 5 | | the developmental screening and the social and emotional | 6 | | screening shall be determined by the statutes, rules, and | 7 | | professional ethics governing the type of provider conducting | 8 | | the screening. The individuals confirming the administration | 9 | | of
required immunizations shall record as indicated on the form | 10 | | that the
immunizations were administered. | 11 | | (5) If a child does not submit proof of having had either | 12 | | the health
examination or the immunization as required, then | 13 | | the child shall be examined
or receive the immunization, as the | 14 | | case may be, and present proof by October
15 of the current | 15 | | school year, or by an earlier date of the current school year
| 16 | | established by a school district. To establish a date before | 17 | | October 15 of the
current school year for the health | 18 | | examination or immunization as required, a
school district must | 19 | | give notice of the requirements of this Section 60 days
prior | 20 | | to the earlier established date. If for medical reasons one or | 21 | | more of
the required immunizations must be given after October | 22 | | 15 of the current school
year, or after an earlier established | 23 | | date of the current school year, then
the child shall present, | 24 | | by October 15, or by the earlier established date, a
schedule | 25 | | for the administration of the immunizations and a statement of | 26 | | the
medical reasons causing the delay, both the schedule and |
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| 1 | | the statement being
issued by the physician, advanced practice | 2 | | registered nurse, physician assistant,
registered nurse, or | 3 | | local health department that will
be responsible for | 4 | | administration of the remaining required immunizations. If
a | 5 | | child does not comply by October 15, or by the earlier | 6 | | established date of
the current school year, with the | 7 | | requirements of this subsection, then the
local school | 8 | | authority shall exclude that child from school until such time | 9 | | as
the child presents proof of having had the health | 10 | | examination as required and
presents proof of having received | 11 | | those required immunizations which are
medically possible to | 12 | | receive immediately. During a child's exclusion from
school for | 13 | | noncompliance with this subsection, the child's parents or | 14 | | legal
guardian shall be considered in violation of Section 26-1 | 15 | | and subject to any
penalty imposed by Section 26-10. This | 16 | | subsection (5) does not apply to dental examinations, eye | 17 | | examinations, and the developmental screening and the social | 18 | | and emotional screening portions of the health examination. If | 19 | | the student is an out-of-state transfer student and does not | 20 | | have the proof required under this subsection (5) before | 21 | | October 15 of the current year or whatever date is set by the | 22 | | school district, then he or she may only attend classes (i) if | 23 | | he or she has proof that an appointment for the required | 24 | | vaccinations has been scheduled with a party authorized to | 25 | | submit proof of the required vaccinations. If the proof of | 26 | | vaccination required under this subsection (5) is not submitted |
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| 1 | | within 30 days after the student is permitted to attend | 2 | | classes, then the student is not to be permitted to attend | 3 | | classes until proof of the vaccinations has been properly | 4 | | submitted. No school district or employee of a school district | 5 | | shall be held liable for any injury or illness to another | 6 | | person that results from admitting an out-of-state transfer | 7 | | student to class that has an appointment scheduled pursuant to | 8 | | this subsection (5). | 9 | | (6) Every school shall report to the State Board of | 10 | | Education by November
15, in the manner which that agency shall | 11 | | require, the number of children who
have received the necessary | 12 | | immunizations and the health examination (other than a dental | 13 | | examination or eye examination) as
required, indicating, of | 14 | | those who have not received the immunizations and
examination | 15 | | as required, the number of children who are exempt from health
| 16 | | examination and immunization requirements on religious or | 17 | | medical grounds as
provided in subsection (8). On or before | 18 | | December 1 of each year, every public school district and | 19 | | registered nonpublic school shall make publicly available the | 20 | | immunization data they are required to submit to the State | 21 | | Board of Education by November 15. The immunization data made | 22 | | publicly available must be identical to the data the school | 23 | | district or school has reported to the State Board of | 24 | | Education. | 25 | | Every school shall report to the State Board of Education | 26 | | by June 30, in the manner that the State Board requires, the |
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| 1 | | number of children who have received the required dental | 2 | | examination, indicating, of those who have not received the | 3 | | required dental examination, the number of children who are | 4 | | exempt from the dental examination on religious grounds as | 5 | | provided in subsection (8) of this Section and the number of | 6 | | children who have received a waiver under subsection (1.5) of | 7 | | this Section. | 8 | | Every school shall report to the State Board of Education | 9 | | by June 30, in the manner that the State Board requires, the | 10 | | number of children who have received the required eye | 11 | | examination, indicating, of those who have not received the | 12 | | required eye examination, the number of children who are exempt | 13 | | from the eye examination as provided in subsection (8) of this | 14 | | Section, the number of children who have received a waiver | 15 | | under subsection (1.10) of this Section, and the total number | 16 | | of children in noncompliance with the eye examination | 17 | | requirement. | 18 | | The reported information under this subsection (6) shall be | 19 | | provided to the
Department of Public Health by the State Board | 20 | | of Education. | 21 | | (7) Upon determining that the number of pupils who are | 22 | | required to be in
compliance with subsection (5) of this | 23 | | Section is below 90% of the number of
pupils enrolled in the | 24 | | school district, 10% of each State aid payment made
pursuant to | 25 | | Section 18-8.05 or 18-8.15 to the school district for such year | 26 | | may be withheld
by the State Board of Education until the |
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| 1 | | number of students in compliance with
subsection (5) is the | 2 | | applicable specified percentage or higher. | 3 | | (8) Children of parents or legal guardians who object to | 4 | | health, dental, or eye examinations or any part thereof, to | 5 | | immunizations, or to vision and hearing screening tests on | 6 | | religious grounds shall not be required to undergo the | 7 | | examinations, tests, or immunizations to which they so object | 8 | | if such parents or legal guardians present to the appropriate | 9 | | local school authority a signed Certificate of Religious | 10 | | Exemption detailing the grounds for objection and the specific | 11 | | immunizations, tests, or examinations to which they object. The | 12 | | grounds for objection must set forth the specific religious | 13 | | belief that conflicts with the examination, test, | 14 | | immunization, or other medical intervention. The signed | 15 | | certificate shall also reflect the parent's or legal guardian's | 16 | | understanding of the school's exclusion policies in the case of | 17 | | a vaccine-preventable disease outbreak or exposure. The | 18 | | certificate must also be signed by the authorized examining | 19 | | health care provider responsible for the performance of the | 20 | | child's health examination confirming that the provider | 21 | | provided education to the parent or legal guardian on the | 22 | | benefits of immunization and the health risks to the student | 23 | | and to the community of the communicable diseases for which | 24 | | immunization is required in this State. However, the health | 25 | | care provider's signature on the certificate reflects only that | 26 | | education was provided and does not allow a health care |
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| 1 | | provider grounds to determine a religious exemption. Those | 2 | | receiving immunizations required under this Code shall be | 3 | | provided with the relevant vaccine information statements that | 4 | | are required to be disseminated by the federal National | 5 | | Childhood Vaccine Injury Act of 1986, which may contain | 6 | | information on circumstances when a vaccine should not be | 7 | | administered, prior to administering a vaccine. A healthcare | 8 | | provider may consider including without limitation the | 9 | | nationally accepted recommendations from federal agencies such | 10 | | as the Advisory Committee on Immunization Practices, the | 11 | | information outlined in the relevant vaccine information | 12 | | statement, and vaccine package inserts, along with the | 13 | | healthcare provider's clinical judgment, to determine whether | 14 | | any child may be more susceptible to experiencing an adverse | 15 | | vaccine reaction than the general population, and, if so, the | 16 | | healthcare provider may exempt the child from an immunization | 17 | | or adopt an individualized immunization schedule. The | 18 | | Certificate of Religious Exemption shall be created by the | 19 | | Department of Public Health and shall be made available and | 20 | | used by parents and legal guardians by the beginning of the | 21 | | 2015-2016 school year. Parents or legal guardians must submit | 22 | | the Certificate of Religious Exemption to their local school | 23 | | authority prior to entering kindergarten, sixth grade, and | 24 | | ninth grade for each child for which they are requesting an | 25 | | exemption. The religious objection stated need not be directed | 26 | | by the tenets of an established religious organization. |
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| 1 | | However, general philosophical or moral reluctance to allow | 2 | | physical examinations, eye examinations, immunizations, vision | 3 | | and hearing screenings, or dental examinations does not provide | 4 | | a sufficient basis for an exception to statutory requirements. | 5 | | The local school authority is responsible for determining if
| 6 | | the content of the Certificate of Religious Exemption
| 7 | | constitutes a valid religious objection.
The local school | 8 | | authority shall inform the parent or legal guardian of | 9 | | exclusion procedures, in accordance with the Department's | 10 | | rules under Part 690 of Title 77 of the Illinois Administrative | 11 | | Code, at the time the objection is presented. | 12 | | If the physical condition
of the child is such that any one | 13 | | or more of the immunizing agents should not
be administered, | 14 | | the examining physician, advanced practice registered nurse, | 15 | | or
physician assistant responsible for the performance of the
| 16 | | health examination shall endorse that fact upon the health | 17 | | examination form. | 18 | | Exempting a child from the health,
dental, or eye | 19 | | examination does not exempt the child from
participation in the | 20 | | program of physical education training provided in
Sections | 21 | | 27-5 through 27-7 of this Code. | 22 | | (8.5) The school board of a school district shall include | 23 | | informational materials regarding influenza and influenza | 24 | | vaccinations and meningococcal disease and meningococcal | 25 | | vaccinations developed, provided, or approved by the | 26 | | Department of Public Health under Section 2310-700 of the |
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| 1 | | Department of Public Health Powers and Duties Law of the Civil | 2 | | Administrative Code of Illinois when the board provides | 3 | | information on immunizations, infectious diseases, | 4 | | medications, or other school health issues to the parents or | 5 | | guardians of students. | 6 | | (9) For the purposes of this Section, "nursery schools" | 7 | | means those nursery
schools operated by elementary school | 8 | | systems or secondary level school units
or institutions of | 9 | | higher learning. | 10 | | (Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15; | 11 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff. | 12 | | 1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised | 13 | | 9-22-17.)
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