Full Text of HB2242 98th General Assembly
HB2242 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2242 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | 105 ILCS 5/22-75 | | 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 | 105 ILCS 5/27-22.05 | | 105 ILCS 5/27-5 rep. | | 105 ILCS 5/27-6 rep. | | 105 ILCS 5/27-7 rep. | |
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Amends the School Code. Repeals Sections of the School Code concerning physical education and training, required courses in physical education, and a physical education course of study. Makes related changes. Effective July 1, 2013.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 School Code is amended by changing Sections | 5 | | 2-3.25g, 22-75, 27-8.1, and 27-22.05 as follows: | 6 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 7 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 8 | | School
Code and administrative rules and regulations. | 9 | | (a) In this Section: | 10 | | "Board" means a school board or the governing board or | 11 | | administrative district, as the case may be, for a joint | 12 | | agreement. | 13 | | "Eligible applicant" means a school district, joint | 14 | | agreement made up of school districts, or regional | 15 | | superintendent of schools on behalf of schools and programs | 16 | | operated by the regional office of education.
| 17 | | "Implementation date" has the meaning set forth in | 18 | | Section 24A-2.5 of this Code. | 19 | | "State Board" means the State Board of Education.
| 20 | | (b) Notwithstanding any other
provisions of this School | 21 | | Code or any other law of this State to the
contrary, eligible | 22 | | applicants may petition the State Board of Education for the
| 23 | | waiver or modification of the mandates of this School Code or |
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| 1 | | of the
administrative rules and regulations promulgated by the | 2 | | State Board of
Education. Waivers or modifications of | 3 | | administrative rules and regulations
and modifications of | 4 | | mandates of this School Code may be requested when an eligible | 5 | | applicant demonstrates that it can address the intent of the | 6 | | rule or
mandate in a more effective, efficient, or economical | 7 | | manner or when necessary
to stimulate innovation or improve | 8 | | student performance. Waivers of
mandates of
the School Code may | 9 | | be requested when the waivers are necessary to stimulate
| 10 | | innovation or improve student performance. Waivers may not be | 11 | | requested
from laws, rules, and regulations pertaining to | 12 | | special education, teacher
certification, teacher tenure and | 13 | | seniority, or Section 5-2.1 of this Code or from compliance | 14 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 15 | | On and after the applicable implementation date, eligible | 16 | | applicants may not seek a waiver or seek a modification of a | 17 | | mandate regarding the requirements for (i) student performance | 18 | | data to be a significant factor in teacher or principal | 19 | | evaluations or (ii) for teachers and principals to be rated | 20 | | using the 4 categories of "excellent", "proficient", "needs | 21 | | improvement", or "unsatisfactory". On the applicable | 22 | | implementation date, any previously authorized waiver or | 23 | | modification from such requirements shall terminate. | 24 | | (c) Eligible applicants, as a matter of inherent managerial | 25 | | policy, and any
Independent Authority established under | 26 | | Section 2-3.25f may submit an
application for a waiver or |
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| 1 | | modification authorized under this Section. Each
application | 2 | | must include a written request by the eligible applicant or
| 3 | | Independent Authority and must demonstrate that the intent of | 4 | | the mandate can
be addressed in a more effective, efficient, or | 5 | | economical manner
or be based
upon a specific plan for improved | 6 | | student performance and school improvement.
Any eligible | 7 | | applicant requesting a waiver or modification for the reason | 8 | | that intent
of the mandate can be addressed in a more | 9 | | economical manner shall include in
the application a fiscal | 10 | | analysis showing current expenditures on the mandate
and | 11 | | projected savings resulting from the waiver
or modification. | 12 | | Applications
and plans developed by eligible applicants must be | 13 | | approved by the board or regional superintendent of schools | 14 | | applying on behalf of schools or programs operated by the | 15 | | regional office of education following a public hearing on the | 16 | | application and plan and the
opportunity for the board or | 17 | | regional superintendent to hear testimony from staff
directly | 18 | | involved in
its implementation, parents, and students. The time | 19 | | period for such testimony shall be separate from the time | 20 | | period established by the eligible applicant for public comment | 21 | | on other matters. If the applicant is a school district or | 22 | | joint agreement requesting a waiver or modification of Section | 23 | | 27-6 of this Code, the public hearing shall be held on a day | 24 | | other than the day on which a regular meeting of the board is | 25 | | held. | 26 | | (c-5) If the applicant is a school district, then the |
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| 1 | | district shall post information that sets forth the time, date, | 2 | | place, and general subject matter of the public hearing on its | 3 | | Internet website at least 14 days prior to the hearing. If the | 4 | | district is requesting to increase the fee charged for driver | 5 | | education authorized pursuant to Section 27-24.2 of this Code, | 6 | | the website information shall include the proposed amount of | 7 | | the fee the district will request. All school districts must | 8 | | publish a notice of the public hearing at least 7 days prior to | 9 | | the hearing in a newspaper of general circulation within the | 10 | | school district that sets forth the time, date, place, and | 11 | | general subject matter of the hearing. Districts requesting to | 12 | | increase the fee charged for driver education shall include in | 13 | | the published notice the proposed amount of the fee the | 14 | | district will request. If the applicant is a joint agreement or | 15 | | regional superintendent, then the joint agreement or regional | 16 | | superintendent shall post information that sets forth the time, | 17 | | date, place, and general subject matter of the public hearing | 18 | | on its Internet website at least 14 days prior to the hearing. | 19 | | If the joint agreement or regional superintendent is requesting | 20 | | to increase the fee charged for driver education authorized | 21 | | pursuant to Section 27-24.2 of this Code, the website | 22 | | information shall include the proposed amount of the fee the | 23 | | applicant will request. All joint agreements and regional | 24 | | superintendents must publish a notice of the public hearing at | 25 | | least 7 days prior to the hearing in a newspaper of general | 26 | | circulation in each school district that is a member of the |
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| 1 | | joint agreement or that is served by the educational service | 2 | | region that sets forth the time, date, place, and general | 3 | | subject matter of the hearing, provided that a notice appearing | 4 | | in a newspaper generally circulated in more than one school | 5 | | district shall be deemed to fulfill this requirement with | 6 | | respect to all of the affected districts. Joint agreements or | 7 | | regional superintendents requesting to increase the fee | 8 | | charged for driver education shall include in the published | 9 | | notice the proposed amount of the fee the applicant will | 10 | | request. The
eligible applicant must notify in writing the | 11 | | affected exclusive collective
bargaining agent and those State | 12 | | legislators representing the eligible applicant's territory of
| 13 | | its
intent to seek approval of a
waiver or
modification and of | 14 | | the hearing to be held to take testimony from staff.
The | 15 | | affected exclusive collective bargaining agents shall be | 16 | | notified of such
public hearing at least 7 days prior to the | 17 | | date of the hearing and shall be
allowed to attend
such public | 18 | | hearing. The eligible applicant shall attest to compliance with | 19 | | all of
the notification and procedural requirements set forth | 20 | | in this Section. | 21 | | (d) A request for a waiver or modification of | 22 | | administrative rules and
regulations or for a modification of | 23 | | mandates contained in this School Code
shall be submitted to | 24 | | the State Board of Education within 15 days after
approval by | 25 | | the board or regional superintendent of schools. The | 26 | | application as submitted to the
State Board of Education shall |
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| 1 | | include a description of the public hearing. Except with | 2 | | respect to contracting for adaptive driver education, an | 3 | | eligible applicant wishing to request a modification or waiver | 4 | | of administrative rules of the State Board of Education | 5 | | regarding contracting with a commercial driver training school | 6 | | to provide the course of study authorized under Section 27-24.2 | 7 | | of this Code must provide evidence with its application that | 8 | | the commercial driver training school with which it will | 9 | | contract holds a license issued by the Secretary of State under | 10 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 11 | | each instructor employed by the commercial driver training | 12 | | school to provide instruction to students served by the school | 13 | | district holds a valid teaching certificate or teaching | 14 | | license, as applicable, issued under the requirements of this | 15 | | Code and rules of the State Board of Education. Such evidence | 16 | | must include, but need not be limited to, a list of each | 17 | | instructor assigned to teach students served by the school | 18 | | district, which list shall include the instructor's name, | 19 | | personal identification number as required by the State Board | 20 | | of Education, birth date, and driver's license number. If the | 21 | | modification or waiver is granted, then the eligible applicant | 22 | | shall notify the State Board of Education of any changes in the | 23 | | personnel providing instruction within 15 calendar days after | 24 | | an instructor leaves the program or a new instructor is hired. | 25 | | Such notification shall include the instructor's name, | 26 | | personal identification number as required by the State Board |
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| 1 | | of Education, birth date, and driver's license number. If a | 2 | | school district maintains an Internet website, then the | 3 | | district shall post a copy of the final contract between the | 4 | | district and the commercial driver training school on the | 5 | | district's Internet website. If no Internet website exists, | 6 | | then the district shall make available the contract upon | 7 | | request. A record of all materials in relation to the | 8 | | application for contracting must be maintained by the school | 9 | | district and made available to parents and guardians upon | 10 | | request. The instructor's date of birth and driver's license | 11 | | number and any other personally identifying information as | 12 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 13 | | must be redacted from any public materials.
Following receipt | 14 | | of the waiver or modification request, the
State Board shall | 15 | | have 45 days to review the application and request. If the
| 16 | | State Board fails to disapprove the application within that 45 | 17 | | day period, the
waiver or modification shall be deemed granted. | 18 | | The State Board
may disapprove
any request if it is not based | 19 | | upon sound educational practices, endangers the
health or | 20 | | safety of students or staff, compromises equal opportunities | 21 | | for
learning, or fails to demonstrate that the intent of the | 22 | | rule or mandate can be
addressed in a more effective, | 23 | | efficient, or economical manner or have improved
student | 24 | | performance as a primary goal. Any request disapproved by the | 25 | | State
Board may be appealed to the General Assembly by the | 26 | | eligible applicant
as outlined in this Section. |
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| 1 | | A request for a waiver from mandates contained in this | 2 | | School Code shall be
submitted to the State Board within 15 | 3 | | days after approval by the board or regional superintendent of | 4 | | schools.
The application as submitted to the State Board of | 5 | | Education
shall include a description of the public hearing. | 6 | | The description shall
include, but need not be limited to, the | 7 | | means of notice, the number of people
in attendance, the number | 8 | | of people who spoke as proponents or opponents of the
waiver, a | 9 | | brief description of their comments, and whether there were any
| 10 | | written statements submitted.
The State Board shall review the | 11 | | applications and requests for
completeness and shall compile | 12 | | the requests in reports to be filed with the
General Assembly.
| 13 | | The State Board shall file
reports outlining the waivers
| 14 | | requested by eligible applicants
and appeals by eligible | 15 | | applicants of requests
disapproved by the State Board with the | 16 | | Senate and the House of
Representatives before each March 1 and
| 17 | | October
1. The General Assembly may disapprove the report of | 18 | | the State Board in whole
or in part within 60 calendar days | 19 | | after each house of the General Assembly
next
convenes after | 20 | | the report is filed by adoption of a resolution by a record | 21 | | vote
of the majority of members elected in each house. If the | 22 | | General Assembly
fails to disapprove any waiver request or | 23 | | appealed request within such 60
day period, the waiver or | 24 | | modification shall be deemed granted. Any resolution
adopted by | 25 | | the General Assembly disapproving a report of the State Board | 26 | | in
whole or in part shall be binding on the State Board. |
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| 1 | | (e) An approved waiver or modification (except a waiver | 2 | | from or modification to a physical education mandate) may | 3 | | remain in effect for a period not to
exceed 5 school years and | 4 | | may be renewed upon application by the
eligible applicant. | 5 | | However, such waiver or modification may be changed within that
| 6 | | 5-year period by a board or regional superintendent of schools | 7 | | applying on behalf of schools or programs operated by the | 8 | | regional office of education following the procedure as set
| 9 | | forth in this Section for the initial waiver or modification | 10 | | request. If
neither the State Board of Education nor the | 11 | | General Assembly disapproves, the
change is deemed granted. | 12 | | An approved waiver from or modification to a physical | 13 | | education mandate may remain in effect for a period not to | 14 | | exceed 2 school years and may be renewed no more than 2 times | 15 | | upon application by the eligible applicant. An approved waiver | 16 | | from or modification to a physical education mandate may be | 17 | | changed within the 2-year period by the board or regional | 18 | | superintendent of schools, whichever is applicable, following | 19 | | the procedure set forth in this Section for the initial waiver | 20 | | or modification request. If neither the State Board of | 21 | | Education nor the General Assembly disapproves, the change is | 22 | | deemed granted.
| 23 | | (f) (Blank). | 24 | | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; | 25 | | 97-1025, eff. 1-1-13.) |
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| 1 | | (105 ILCS 5/22-75) | 2 | | Sec. 22-75. The Eradicate Domestic Violence Task Force. | 3 | | (a) There is hereby created the Eradicate Domestic Violence | 4 | | Task Force. The Eradicate Domestic Violence Task Force shall | 5 | | develop a statewide effective and feasible prevention course | 6 | | for high school students designed to prevent interpersonal, | 7 | | adolescent violence based on the Step Back Program for boys and | 8 | | girls. The Clerk of the Circuit Court in the First Judicial | 9 | | District shall provide administrative staff and support to the | 10 | | task force. | 11 | | (b) The Eradicate Domestic Violence Task Force shall do the | 12 | | following: | 13 | | (1) Conduct meetings to evaluate the effectiveness and | 14 | | feasibility of statewide implementation of the curricula | 15 | | of the Step Back Program at Oak Park and River Forest High | 16 | | School, located in Cook County, Illinois, for the | 17 | | prevention of domestic violence. | 18 | | (2) Invite the testimony of and confer with experts on | 19 | | relevant topics as needed. | 20 | | (3) Propose content for integration into school | 21 | | curricula aimed at preventing domestic violence. | 22 | | (4) Propose a method of training facilitators on the | 23 | | school curricula aimed at preventing domestic violence. | 24 | | (5) Propose partnerships with anti-violence agencies | 25 | | to assist with the facilitator roles and the nature of the | 26 | | partnerships. |
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| 1 | | (6) Evaluate the approximate cost per school or school | 2 | | district to implement and maintain school curricula aimed | 3 | | at preventing domestic violence. | 4 | | (7) Propose a funding source or sources to support | 5 | | school curricula aimed at preventing domestic violence and | 6 | | agencies that provide training to the facilitators, such as | 7 | | a fee to be charged in domestic violence, sexual assault, | 8 | | and related cases to be collected by the clerk of the court | 9 | | for deposit into a special fund in the State treasury and | 10 | | to be used to fund a proposed eradicate domestic violence | 11 | | program in the schools of this State. | 12 | | (8) Propose an evaluation structure to ensure that the | 13 | | school curricula aimed at preventing domestic violence is | 14 | | effectively taught by trained facilitators. | 15 | | (9) Propose a method of evaluation for the purpose of | 16 | | modifying the content of the curriculum over time, | 17 | | including whether studies of the program should be | 18 | | conducted by the University of Illinois' Interpersonal | 19 | | Violence Prevention Information Center. | 20 | | (10) Recommend legislation developed by the task | 21 | | force, such as amending Sections 27-8.1 27-5 through | 22 | | 27-13.3 and 27-23.4 of this Code, and legislation to create | 23 | | a fee to be charged in domestic violence, sexual assault, | 24 | | and related cases to be collected by the clerk of court for | 25 | | deposit into a special fund in the State treasury and to be | 26 | | used to fund a proposed eradicate domestic violence program |
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| 1 | | in the schools of this State. | 2 | | (11) Produce a report of the task force's findings on | 3 | | best practices and policies, which shall include a plan | 4 | | with a phased and prioritized implementation timetable for | 5 | | implementation of school curricula aimed at preventing | 6 | | domestic violence in schools. The task force shall submit a | 7 | | report to the General Assembly on or before April 1, 2013 | 8 | | on its findings, recommendations, and implementation plan. | 9 | | Any task force reports must be published on the State Board | 10 | | of Education's Internet website on the date the report is | 11 | | delivered to the General Assembly. | 12 | | (c) The President of the Senate and the Speaker of the | 13 | | House of Representatives shall each appoint one co-chairperson | 14 | | of the Eradicate Domestic Violence Task Force. The Minority | 15 | | Leader of the Senate and the Minority Leader of the House of | 16 | | Representatives shall each appoint one member to the task | 17 | | force. In addition, the task force shall be comprised of the | 18 | | following members appointed by the State Board of Education and | 19 | | shall be representative of the geographic, racial, and ethnic | 20 | | diversity of this State: | 21 | | (1) Four representatives involved with a program for | 22 | | high school students at a high school that is located in a | 23 | | municipality with a population of 2,000,000 or more and the | 24 | | program is a daily, 6-week to 9-week, 45-session, | 25 | | gender-specific, primary prevention course designed to | 26 | | raise awareness of topics such as dating and domestic |
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| 1 | | violence, any systematic conduct that causes measurable | 2 | | physical harm or emotional distress, sexual assault, | 3 | | digital abuse, self-defense, and suicide. | 4 | | (2) A representative of an interpersonal violence | 5 | | prevention program within a State university. | 6 | | (3) A representative of a statewide nonprofit, | 7 | | nongovernmental, domestic violence organization. | 8 | | (4) A representative of a different nonprofit, | 9 | | nongovernmental domestic violence organization that is | 10 | | located in a municipality with a population of 2,000,000 or | 11 | | more. | 12 | | (5) A representative of a statewide nonprofit, | 13 | | nongovernmental, sexual assault organization. | 14 | | (6) A representative of a different nonprofit, | 15 | | nongovernmental, sexual assault organization based in a | 16 | | county with a population of 3,000,000 or more. | 17 | | (7) The State Superintendent of Education or his or her | 18 | | designee. | 19 | | (8) The Chief Executive Officer of City of Chicago | 20 | | School District 299 or his or her designee or the President | 21 | | of the Chicago Board of Education or his or her designee. | 22 | | (9) A representative of the Department of Human | 23 | | Services. | 24 | | (10) A representative of a statewide, nonprofit | 25 | | professional organization representing law enforcement | 26 | | executives. |
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| 1 | | (11) A representative of the Chicago Police | 2 | | Department, Youth Services Division. | 3 | | (12) The Clerk of the Circuit Court in the First | 4 | | Judicial District or his or her designee. | 5 | | (13) A representative of a statewide professional | 6 | | teachers organization. | 7 | | (14) A representative of a different statewide | 8 | | professional teachers organization. | 9 | | (15) A representative of a professional teachers | 10 | | organization in a city having a population exceeding | 11 | | 500,000. | 12 | | (16) A representative of an organization representing | 13 | | principals. | 14 | | (17) A representative of an organization representing | 15 | | school administrators. | 16 | | (18) A representative of an organization representing | 17 | | school boards. | 18 | | (19) A representative of an organization representing | 19 | | school business officials. | 20 | | (20) A representative of an organization representing | 21 | | large unit school districts. | 22 | | (d) The following underlying purposes should be liberally | 23 | | construed by the task force convened under this Section: | 24 | | (1) Recognize that, according to the Centers for | 25 | | Disease Control and Prevention, National Intimate Partner | 26 | | and Sexual Violence Survey, December 2010 Summary Report, |
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| 1 | | on average 24 people per minute are victims of rape, | 2 | | physical violence, or stalking by an intimate partner in | 3 | | the United States, equaling more than 12 million women and | 4 | | men. | 5 | | (2) Recognize that abused children and children | 6 | | exposed to domestic violence in their homes may have short | 7 | | and long-term physical, emotional, and learning problems, | 8 | | including increased aggression, decreased responsiveness | 9 | | to adults, failure to thrive, posttraumatic stress | 10 | | disorder, depression, anxiety, hypervigilance and | 11 | | hyperactivity, eating and sleeping problems, and | 12 | | developmental delays, according to the Journal of | 13 | | Interpersonal Violence and the Futures Without Violence | 14 | | organization. | 15 | | (3) Recognize that the Illinois Violence Prevention | 16 | | Authority has found that children exposed to violence in | 17 | | the media may become numb to the horror of violence, may | 18 | | gradually accept violence as a way to solve problems, may | 19 | | imitate the violence they see, and may identify with | 20 | | certain characters, victims, or victimizers. | 21 | | (4) Recognize that crimes and the incarceration of | 22 | | youth are often associated with a history of child abuse | 23 | | and exposure to domestic violence, according to Futures | 24 | | Without Violence. | 25 | | (5) Recognize that the cost of prosecuting crime in | 26 | | this State is unnecessarily high due to a lack of |
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| 1 | | prevention programs designed to eradicate domestic | 2 | | violence. | 3 | | (6) Recognize that sexual violence, stalking, and | 4 | | intimate partner violence are serious and widespread | 5 | | public health problems for children and adults in this | 6 | | State. | 7 | | (7) Recognize that intervention programs aimed at | 8 | | preventing domestic violence may yield better results than | 9 | | programs aimed at treating the victims of domestic | 10 | | violence, because treatment programs may reduce the | 11 | | likelihood that a particular woman will be re-victimized, | 12 | | but might not otherwise reduce the overall amount of | 13 | | domestic violence. | 14 | | (8) Recognize that uniform, effective, feasible, and | 15 | | widespread prevention of sexual violence and intimate | 16 | | partner violence is a high priority in this State. | 17 | | (9) Recognize that the Step Back Program at Oak Park | 18 | | and River Forest High School in Cook County, Illinois, is a | 19 | | daily, 6 to 9 week, 45-session, gender-specific, primary | 20 | | prevention course for high school students designed to | 21 | | raise awareness of topics, including dating and domestic | 22 | | violence, bullying and harassment, sexual assault, digital | 23 | | abuse, self-defense, and suicide. The Step Back Program is | 24 | | co-facilitated by the high school and a nonprofit, | 25 | | nongovernmental domestic violence prevention specialist | 26 | | and service provider. |
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| 1 | | (10) Develop a statewide effective prevention course | 2 | | for high school students based on the Step Back Program for | 3 | | boys and girls designed to prevent interpersonal, | 4 | | adolescent violence. | 5 | | (e) Members of the Eradicate Domestic Violence Task Force | 6 | | shall receive no compensation for their participation, but may | 7 | | be reimbursed by the State Board of Education for expenses in | 8 | | connection with their participation, including travel, if | 9 | | funds are available. | 10 | | (f) Nothing in this Section or in the prevention course is | 11 | | intended to infringe upon any right to exercise free expression | 12 | | or the free exercise of religion or religiously based views | 13 | | protected under the First Amendment to the United States | 14 | | Constitution or under Section 3 or 4 of Article 1 of the | 15 | | Illinois Constitution.
| 16 | | (Source: P.A. 97-1037, eff. 8-20-12.) | 17 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 18 | | Sec. 27-8.1. Health examinations and immunizations. | 19 | | (1) In compliance with rules and regulations which the | 20 | | Department of Public
Health shall promulgate, and except as | 21 | | hereinafter provided, all children in
Illinois shall have a | 22 | | health examination as follows: within one year prior to
| 23 | | entering kindergarten or the first grade of any public, | 24 | | private, or parochial
elementary school; upon entering the | 25 | | sixth and ninth grades of any public,
private, or parochial |
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| 1 | | school; prior to entrance into any public, private, or
| 2 | | parochial nursery school; and, irrespective of grade, | 3 | | immediately prior to or
upon entrance into any public, private, | 4 | | or parochial school or nursery school,
each child shall present | 5 | | proof of having been examined in accordance with this
Section | 6 | | and the rules and regulations promulgated hereunder. Any child | 7 | | who received a health examination within one year prior to | 8 | | entering the fifth grade for the 2007-2008 school year is not | 9 | | required to receive an additional health examination in order | 10 | | to comply with the provisions of Public Act 95-422 when he or | 11 | | she attends school for the 2008-2009 school year, unless the | 12 | | child is attending school for the first time as provided in | 13 | | this paragraph. | 14 | | A tuberculosis skin test screening shall be included as a | 15 | | required part of
each health examination included under this | 16 | | Section if the child resides in an
area designated by the | 17 | | Department of Public Health as having a high incidence
of | 18 | | tuberculosis. Additional health examinations of pupils, | 19 | | including eye examinations, may be required when deemed | 20 | | necessary by school
authorities. Parents are encouraged to have | 21 | | their children undergo eye examinations at the same points in | 22 | | time required for health
examinations. | 23 | | (1.5) In compliance with rules adopted by the Department of | 24 | | Public Health and except as otherwise provided in this Section, | 25 | | all children in kindergarten and the second and sixth grades of | 26 | | any public, private, or parochial school shall have a dental |
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| 1 | | examination. Each of these children shall present proof of | 2 | | having been examined by a dentist in accordance with this | 3 | | Section and rules adopted under this Section before May 15th of | 4 | | the school year. If a child in the second or sixth grade fails | 5 | | to present proof by May 15th, the school may hold the child's | 6 | | report card until one of the following occurs: (i) the child | 7 | | presents proof of a completed dental examination or (ii) the | 8 | | child presents proof that a dental examination will take place | 9 | | within 60 days after May 15th. The Department of Public Health | 10 | | shall establish, by rule, a waiver for children who show an | 11 | | undue burden or a lack of access to a dentist. Each public, | 12 | | private, and parochial school must give notice of this dental | 13 | | examination requirement to the parents and guardians of | 14 | | students at least 60 days before May 15th of each school year.
| 15 | | (1.10) Except as otherwise provided in this Section, all | 16 | | children enrolling in kindergarten in a public, private, or | 17 | | parochial school on or after the effective date of this | 18 | | amendatory Act of the 95th General Assembly and any student | 19 | | enrolling for the first time in a public, private, or parochial | 20 | | school on or after the effective date of this amendatory Act of | 21 | | the 95th General Assembly shall have an eye examination. Each | 22 | | of these children shall present proof of having been examined | 23 | | by a physician licensed to practice medicine in all of its | 24 | | branches or a licensed optometrist within the previous year, in | 25 | | accordance with this Section and rules adopted under this | 26 | | Section, before October 15th of the school year. If the child |
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| 1 | | fails to present proof by October 15th, the school may hold the | 2 | | child's report card until one of the following occurs: (i) the | 3 | | child presents proof of a completed eye examination or (ii) the | 4 | | child presents proof that an eye examination will take place | 5 | | within 60 days after October 15th. The Department of Public | 6 | | Health shall establish, by rule, a waiver for children who show | 7 | | an undue burden or a lack of access to a physician licensed to | 8 | | practice medicine in all of its branches who provides eye | 9 | | examinations or to a licensed optometrist. Each public, | 10 | | private, and parochial school must give notice of this eye | 11 | | examination requirement to the parents and guardians of | 12 | | students in compliance with rules of the Department of Public | 13 | | Health. Nothing in this Section shall be construed to allow a | 14 | | school to exclude a child from attending because of a parent's | 15 | | or guardian's failure to obtain an eye examination for the | 16 | | child.
| 17 | | (2) The Department of Public Health shall promulgate rules | 18 | | and regulations
specifying the examinations and procedures | 19 | | that constitute a health examination, which shall include the | 20 | | collection of data relating to obesity
(including at a minimum, | 21 | | date of birth, gender, height, weight, blood pressure, and date | 22 | | of exam),
and a dental examination and may recommend by rule | 23 | | that certain additional examinations be performed.
The rules | 24 | | and regulations of the Department of Public Health shall | 25 | | specify that
a tuberculosis skin test screening shall be | 26 | | included as a required part of each
health examination included |
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| 1 | | under this Section if the child resides in an area
designated | 2 | | by the Department of Public Health as having a high incidence | 3 | | of
tuberculosis.
The Department of Public Health shall specify | 4 | | that a diabetes
screening as defined by rule shall be included | 5 | | as a required part of each
health examination.
Diabetes testing | 6 | | is not required. | 7 | | Physicians licensed to practice medicine in all of its | 8 | | branches, advanced
practice nurses who have a written | 9 | | collaborative agreement with
a collaborating physician which | 10 | | authorizes them to perform health
examinations, or physician | 11 | | assistants who have been delegated the
performance of health | 12 | | examinations by their supervising physician
shall be
| 13 | | responsible for the performance of the health examinations, | 14 | | other than dental
examinations, eye examinations, and vision | 15 | | and hearing screening, and shall sign all report forms
required | 16 | | by subsection (4) of this Section that pertain to those | 17 | | portions of
the health examination for which the physician, | 18 | | advanced practice nurse, or
physician assistant is | 19 | | responsible.
If a registered
nurse performs any part of a | 20 | | health examination, then a physician licensed to
practice | 21 | | medicine in all of its branches must review and sign all | 22 | | required
report forms. Licensed dentists shall perform all | 23 | | dental examinations and
shall sign all report forms required by | 24 | | subsection (4) of this Section that
pertain to the dental | 25 | | examinations. Physicians licensed to practice medicine
in all | 26 | | its branches or licensed optometrists shall perform all eye |
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| 1 | | examinations
required by this Section and shall sign all report | 2 | | forms required by
subsection (4) of this Section that pertain | 3 | | to the eye examination. For purposes of this Section, an eye | 4 | | examination shall at a minimum include history, visual acuity, | 5 | | subjective refraction to best visual acuity near and far, | 6 | | internal and external examination, and a glaucoma evaluation, | 7 | | as well as any other tests or observations that in the | 8 | | professional judgment of the doctor are necessary. Vision and
| 9 | | hearing screening tests, which shall not be considered | 10 | | examinations as that
term is used in this Section, shall be | 11 | | conducted in accordance with rules and
regulations of the | 12 | | Department of Public Health, and by individuals whom the
| 13 | | Department of Public Health has certified.
In these rules and | 14 | | regulations, the Department of Public Health shall
require that | 15 | | individuals conducting vision screening tests give a child's
| 16 | | parent or guardian written notification, before the vision | 17 | | screening is
conducted, that states, "Vision screening is not a | 18 | | substitute for a
complete eye and vision evaluation by an eye | 19 | | doctor. Your child is not
required to undergo this vision | 20 | | screening if an optometrist or
ophthalmologist has completed | 21 | | and signed a report form indicating that
an examination has | 22 | | been administered within the previous 12 months." | 23 | | (3) Every child shall, at or about the same time as he or | 24 | | she receives
a health examination required by subsection (1) of | 25 | | this Section, present
to the local school proof of having | 26 | | received such immunizations against
preventable communicable |
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| 1 | | diseases as the Department of Public Health shall
require by | 2 | | rules and regulations promulgated pursuant to this Section and | 3 | | the
Communicable Disease Prevention Act. | 4 | | (4) The individuals conducting the health examination,
| 5 | | dental examination, or eye examination shall record the
fact of | 6 | | having conducted the examination, and such additional | 7 | | information as
required, including for a health examination
| 8 | | data relating to obesity
(including at a minimum, date of | 9 | | birth, gender, height, weight, blood pressure, and date of | 10 | | exam), on uniform forms which the Department of Public Health | 11 | | and the State
Board of Education shall prescribe for statewide | 12 | | use. The examiner shall
summarize on the report form any | 13 | | condition that he or she suspects indicates a
need for special | 14 | | services, including for a health examination factors relating | 15 | | to obesity. The individuals confirming the administration of
| 16 | | required immunizations shall record as indicated on the form | 17 | | that the
immunizations were administered. | 18 | | (5) If a child does not submit proof of having had either | 19 | | the health
examination or the immunization as required, then | 20 | | the child shall be examined
or receive the immunization, as the | 21 | | case may be, and present proof by October
15 of the current | 22 | | school year, or by an earlier date of the current school year
| 23 | | established by a school district. To establish a date before | 24 | | October 15 of the
current school year for the health | 25 | | examination or immunization as required, a
school district must | 26 | | give notice of the requirements of this Section 60 days
prior |
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| 1 | | to the earlier established date. If for medical reasons one or | 2 | | more of
the required immunizations must be given after October | 3 | | 15 of the current school
year, or after an earlier established | 4 | | date of the current school year, then
the child shall present, | 5 | | by October 15, or by the earlier established date, a
schedule | 6 | | for the administration of the immunizations and a statement of | 7 | | the
medical reasons causing the delay, both the schedule and | 8 | | the statement being
issued by the physician, advanced practice | 9 | | nurse, physician assistant,
registered nurse, or local health | 10 | | department that will
be responsible for administration of the | 11 | | remaining required immunizations. If
a child does not comply by | 12 | | October 15, or by the earlier established date of
the current | 13 | | school year, with the requirements of this subsection, then the
| 14 | | local school authority shall exclude that child from school | 15 | | until such time as
the child presents proof of having had the | 16 | | health examination as required and
presents proof of having | 17 | | received those required immunizations which are
medically | 18 | | possible to receive immediately. During a child's exclusion | 19 | | from
school for noncompliance with this subsection, the child's | 20 | | parents or legal
guardian shall be considered in violation of | 21 | | Section 26-1 and subject to any
penalty imposed by Section | 22 | | 26-10. This subsection (5) does not apply to dental | 23 | | examinations and eye examinations. Until June 30, 2015, if the | 24 | | student is an out-of-state transfer student and does not have | 25 | | the proof required under this subsection (5) before October 15 | 26 | | of the current year or whatever date is set by the school |
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| 1 | | district, then he or she may only attend classes (i) if he or | 2 | | she has proof that an appointment for the required vaccinations | 3 | | has been scheduled with a party authorized to submit proof of | 4 | | the required vaccinations. If the proof of vaccination required | 5 | | under this subsection (5) is not submitted within 30 days after | 6 | | the student is permitted to attend classes, then the student is | 7 | | not to be permitted to attend classes until proof of the | 8 | | vaccinations has been properly submitted. No school district or | 9 | | employee of a school district shall be held liable for any | 10 | | injury or illness to another person that results from admitting | 11 | | an out-of-state transfer student to class that has an | 12 | | appointment scheduled pursuant to this subsection (5). | 13 | | (6) Every school shall report to the State Board of | 14 | | Education by November
15, in the manner which that agency shall | 15 | | require, the number of children who
have received the necessary | 16 | | immunizations and the health examination (other than a dental | 17 | | examination or eye examination) as
required, indicating, of | 18 | | those who have not received the immunizations and
examination | 19 | | as required, the number of children who are exempt from health
| 20 | | examination and immunization requirements on religious or | 21 | | medical grounds as
provided in subsection (8). On or before | 22 | | December 1 of each year, every public school district and | 23 | | registered nonpublic school shall make publicly available the | 24 | | immunization data they are required to submit to the State | 25 | | Board of Education by November 15. The immunization data made | 26 | | publicly available must be identical to the data the school |
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| 1 | | district or school has reported to the State Board of | 2 | | Education. | 3 | | Every school shall report to the State Board of Education | 4 | | by June 30, in the manner that the State Board requires, the | 5 | | number of children who have received the required dental | 6 | | examination, indicating, of those who have not received the | 7 | | required dental examination, the number of children who are | 8 | | exempt from the dental examination on religious grounds as | 9 | | provided in subsection (8) of this Section and the number of | 10 | | children who have received a waiver under subsection (1.5) of | 11 | | this Section. | 12 | | Every school shall report to the State Board of Education | 13 | | by June 30, in the manner that the State Board requires, the | 14 | | number of children who have received the required eye | 15 | | examination, indicating, of those who have not received the | 16 | | required eye examination, the number of children who are exempt | 17 | | from the eye examination as provided in subsection (8) of this | 18 | | Section, the number of children who have received a waiver | 19 | | under subsection (1.10) of this Section, and the total number | 20 | | of children in noncompliance with the eye examination | 21 | | requirement. | 22 | | The reported information under this subsection (6) shall be | 23 | | provided to the
Department of Public Health by the State Board | 24 | | of Education. | 25 | | (7) Upon determining that the number of pupils who are | 26 | | required to be in
compliance with subsection (5) of this |
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| 1 | | Section is below 90% of the number of
pupils enrolled in the | 2 | | school district, 10% of each State aid payment made
pursuant to | 3 | | Section 18-8.05 to the school district for such year may be | 4 | | withheld
by the State Board of Education until the number of | 5 | | students in compliance with
subsection (5) is the applicable | 6 | | specified percentage or higher. | 7 | | (8) Parents or legal guardians who object to health,
| 8 | | dental, or eye examinations or any part thereof, or to | 9 | | immunizations, on religious grounds
shall not be required to | 10 | | submit their children or wards to the examinations
or | 11 | | immunizations to which they so object if such parents or legal | 12 | | guardians
present to the appropriate local school authority a | 13 | | signed statement of
objection, detailing the grounds for the | 14 | | objection. If the physical condition
of the child is such that | 15 | | any one or more of the immunizing agents should not
be | 16 | | administered, the examining physician, advanced practice | 17 | | nurse, or
physician assistant responsible for the performance | 18 | | of the
health examination shall endorse that fact upon the | 19 | | health examination form.
Exempting a child from the health,
| 20 | | dental, or eye examination does not exempt the child from
| 21 | | participation in a the program of physical education training | 22 | | provided in
Sections 27-5 through 27-7 of this Code . | 23 | | (9) For the purposes of this Section, "nursery schools" | 24 | | means those nursery
schools operated by elementary school | 25 | | systems or secondary level school units
or institutions of | 26 | | higher learning. |
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| 1 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12; | 2 | | 97-910, eff. 1-1-13.)
| 3 | | (105 ILCS 5/27-22.05)
| 4 | | Sec. 27-22.05. Required course substitute. Notwithstanding | 5 | | any other
provision of this Article or this Code, a school | 6 | | board that maintains any of
grades 9 through 12 is authorized | 7 | | to adopt a policy under which
a student who is enrolled in any | 8 | | of those grades
may satisfy one or more high school course or | 9 | | graduation requirements,
including but not limited to any | 10 | | requirements under Section Sections 27-6 and 27-22, by
| 11 | | substituting for and successfully completing in place of the | 12 | | high school course
or graduation requirement a related | 13 | | vocational or technical education course.
A vocational or | 14 | | technical education course shall not qualify as a related
| 15 | | vocational or technical education course within the meaning of | 16 | | this Section
unless it contains at least 50% of the content of | 17 | | the required course or
graduation requirement for which it is | 18 | | substituted, as determined by the State
Board of Education in | 19 | | accordance with standards that it shall adopt and
uniformly | 20 | | apply for purposes of this Section. No vocational or technical
| 21 | | education course may be substituted for a required course or | 22 | | graduation
requirement under any policy adopted by a school | 23 | | board as authorized in this
Section unless the pupil's parent | 24 | | or guardian first
requests the substitution and approves it in | 25 | | writing on forms that the school
district makes available for |
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| 1 | | purposes of this Section.
| 2 | | (Source: P.A. 88-269.)
| 3 | | (105 ILCS 5/27-5 rep.)
| 4 | | (105 ILCS 5/27-6 rep.)
| 5 | | (105 ILCS 5/27-7 rep.)
| 6 | | Section 10. The School Code is amended by repealing | 7 | | Sections 27-5, 27-6, and 27-7.
| 8 | | Section 99. Effective date. This Act takes effect July 1, | 9 | | 2013.
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