Full Text of HB3998 097th General Assembly
HB3998 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3998 Introduced 1/18/2012, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 |
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Amends the School Code. Makes a technical change in a Section concerning
health examinations and immunizations.
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| | 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 Section | 5 | | 27-8.1 as follows: | 6 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 7 | | Sec. 27-8.1. Health examinations and immunizations. | 8 | | (1) In compliance with rules and and regulations which the | 9 | | Department of Public
Health shall promulgate, and except as | 10 | | hereinafter provided, all children in
Illinois shall have a | 11 | | health examination as follows: within one year prior to
| 12 | | entering kindergarten or the first grade of any public, | 13 | | private, or parochial
elementary school; upon entering the | 14 | | sixth and ninth grades of any public,
private, or parochial | 15 | | school; prior to entrance into any public, private, or
| 16 | | parochial nursery school; and, irrespective of grade, | 17 | | immediately prior to or
upon entrance into any public, private, | 18 | | or parochial school or nursery school,
each child shall present | 19 | | proof of having been examined in accordance with this
Section | 20 | | and the rules and regulations promulgated hereunder. Any child | 21 | | who received a health examination within one year prior to | 22 | | entering the fifth grade for the 2007-2008 school year is not | 23 | | required to receive an additional health examination in order |
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| 1 | | to comply with the provisions of Public Act 95-422 when he or | 2 | | she attends school for the 2008-2009 school year, unless the | 3 | | child is attending school for the first time as provided in | 4 | | this paragraph. | 5 | | A tuberculosis skin test screening shall be included as a | 6 | | required part of
each health examination included under this | 7 | | Section if the child resides in an
area designated by the | 8 | | Department of Public Health as having a high incidence
of | 9 | | tuberculosis. Additional health examinations of pupils, | 10 | | including eye examinations, may be required when deemed | 11 | | necessary by school
authorities. Parents are encouraged to have | 12 | | their children undergo eye examinations at the same points in | 13 | | time required for health
examinations. | 14 | | (1.5) In compliance with rules adopted by the Department of | 15 | | Public Health and except as otherwise provided in this Section, | 16 | | all children in kindergarten and the second and sixth grades of | 17 | | any public, private, or parochial school shall have a dental | 18 | | examination. Each of these children shall present proof of | 19 | | having been examined by a dentist in accordance with this | 20 | | Section and rules adopted under this Section before May 15th of | 21 | | the school year. If a child in the second or sixth grade fails | 22 | | to present proof by May 15th, the school may hold the child's | 23 | | report card until one of the following occurs: (i) the child | 24 | | presents proof of a completed dental examination or (ii) the | 25 | | child presents proof that a dental examination will take place | 26 | | within 60 days after May 15th. The Department of Public Health |
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| 1 | | shall establish, by rule, a waiver for children who show an | 2 | | undue burden or a lack of access to a dentist. Each public, | 3 | | private, and parochial school must give notice of this dental | 4 | | examination requirement to the parents and guardians of | 5 | | students at least 60 days before May 15th of each school year.
| 6 | | (1.10) Except as otherwise provided in this Section, all | 7 | | children enrolling in kindergarten in a public, private, or | 8 | | parochial school on or after the effective date of this | 9 | | amendatory Act of the 95th General Assembly and any student | 10 | | enrolling for the first time in a public, private, or parochial | 11 | | school on or after the effective date of this amendatory Act of | 12 | | the 95th General Assembly shall have an eye examination. Each | 13 | | of these children shall present proof of having been examined | 14 | | by a physician licensed to practice medicine in all of its | 15 | | branches or a licensed optometrist within the previous year, in | 16 | | accordance with this Section and rules adopted under this | 17 | | Section, before October 15th of the school year. If the child | 18 | | fails to present proof by October 15th, the school may hold the | 19 | | child's report card until one of the following occurs: (i) the | 20 | | child presents proof of a completed eye examination or (ii) the | 21 | | child presents proof that an eye examination will take place | 22 | | within 60 days after October 15th. The Department of Public | 23 | | Health shall establish, by rule, a waiver for children who show | 24 | | an undue burden or a lack of access to a physician licensed to | 25 | | practice medicine in all of its branches who provides eye | 26 | | examinations or to a licensed optometrist. Each public, |
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| 1 | | private, and parochial school must give notice of this eye | 2 | | examination requirement to the parents and guardians of | 3 | | students in compliance with rules of the Department of Public | 4 | | Health. Nothing in this Section shall be construed to allow a | 5 | | school to exclude a child from attending because of a parent's | 6 | | or guardian's failure to obtain an eye examination for the | 7 | | child.
| 8 | | (2) The Department of Public Health shall promulgate rules | 9 | | and regulations
specifying the examinations and procedures | 10 | | that constitute a health examination, which shall include the | 11 | | collection of data relating to obesity
(including at a minimum, | 12 | | date of birth, gender, height, weight, blood pressure, and date | 13 | | of exam),
and a dental examination and may recommend by rule | 14 | | that certain additional examinations be performed.
The rules | 15 | | and regulations of the Department of Public Health shall | 16 | | specify that
a tuberculosis skin test screening shall be | 17 | | included as a required part of each
health examination included | 18 | | under this Section if the child resides in an area
designated | 19 | | by the Department of Public Health as having a high incidence | 20 | | of
tuberculosis.
The Department of Public Health shall specify | 21 | | that a diabetes
screening as defined by rule shall be included | 22 | | as a required part of each
health examination.
Diabetes testing | 23 | | is not required. | 24 | | Physicians licensed to practice medicine in all of its | 25 | | branches, advanced
practice nurses who have a written | 26 | | collaborative agreement with
a collaborating physician which |
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| 1 | | authorizes them to perform health
examinations, or physician | 2 | | assistants who have been delegated the
performance of health | 3 | | examinations by their supervising physician
shall be
| 4 | | responsible for the performance of the health examinations, | 5 | | other than dental
examinations, eye examinations, and vision | 6 | | and hearing screening, and shall sign all report forms
required | 7 | | by subsection (4) of this Section that pertain to those | 8 | | portions of
the health examination for which the physician, | 9 | | advanced practice nurse, or
physician assistant is | 10 | | responsible.
If a registered
nurse performs any part of a | 11 | | health examination, then a physician licensed to
practice | 12 | | medicine in all of its branches must review and sign all | 13 | | required
report forms. Licensed dentists shall perform all | 14 | | dental examinations and
shall sign all report forms required by | 15 | | subsection (4) of this Section that
pertain to the dental | 16 | | examinations. Physicians licensed to practice medicine
in all | 17 | | its branches or licensed optometrists shall perform all eye | 18 | | examinations
required by this Section and shall sign all report | 19 | | forms required by
subsection (4) of this Section that pertain | 20 | | to the eye examination. For purposes of this Section, an eye | 21 | | examination shall at a minimum include history, visual acuity, | 22 | | subjective refraction to best visual acuity near and far, | 23 | | internal and external examination, and a glaucoma evaluation, | 24 | | as well as any other tests or observations that in the | 25 | | professional judgment of the doctor are necessary. Vision and
| 26 | | hearing screening tests, which shall not be considered |
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| 1 | | examinations as that
term is used in this Section, shall be | 2 | | conducted in accordance with rules and
regulations of the | 3 | | Department of Public Health, and by individuals whom the
| 4 | | Department of Public Health has certified.
In these rules and | 5 | | regulations, the Department of Public Health shall
require that | 6 | | individuals conducting vision screening tests give a child's
| 7 | | parent or guardian written notification, before the vision | 8 | | screening is
conducted, that states, "Vision screening is not a | 9 | | substitute for a
complete eye and vision evaluation by an eye | 10 | | doctor. Your child is not
required to undergo this vision | 11 | | screening if an optometrist or
ophthalmologist has completed | 12 | | and signed a report form indicating that
an examination has | 13 | | been administered within the previous 12 months." | 14 | | (3) Every child shall, at or about the same time as he or | 15 | | she receives
a health examination required by subsection (1) of | 16 | | this Section, present
to the local school proof of having | 17 | | received such immunizations against
preventable communicable | 18 | | diseases as the Department of Public Health shall
require by | 19 | | rules and regulations promulgated pursuant to this Section and | 20 | | the
Communicable Disease Prevention Act. | 21 | | (4) The individuals conducting the health examination,
| 22 | | dental examination, or eye examination shall record the
fact of | 23 | | having conducted the examination, and such additional | 24 | | information as
required, including for a health examination
| 25 | | data relating to obesity
(including at a minimum, date of | 26 | | birth, gender, height, weight, blood pressure, and date of |
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| 1 | | exam), on uniform forms which the Department of Public Health | 2 | | and the State
Board of Education shall prescribe for statewide | 3 | | use. The examiner shall
summarize on the report form any | 4 | | condition that he or she suspects indicates a
need for special | 5 | | services, including for a health examination factors relating | 6 | | to obesity. The individuals confirming the administration of
| 7 | | required immunizations shall record as indicated on the form | 8 | | that the
immunizations were administered. | 9 | | (5) If a child does not submit proof of having had either | 10 | | the health
examination or the immunization as required, then | 11 | | the child shall be examined
or receive the immunization, as the | 12 | | case may be, and present proof by October
15 of the current | 13 | | school year, or by an earlier date of the current school year
| 14 | | established by a school district. To establish a date before | 15 | | October 15 of the
current school year for the health | 16 | | examination or immunization as required, a
school district must | 17 | | give notice of the requirements of this Section 60 days
prior | 18 | | to the earlier established date. If for medical reasons one or | 19 | | more of
the required immunizations must be given after October | 20 | | 15 of the current school
year, or after an earlier established | 21 | | date of the current school year, then
the child shall present, | 22 | | by October 15, or by the earlier established date, a
schedule | 23 | | for the administration of the immunizations and a statement of | 24 | | the
medical reasons causing the delay, both the schedule and | 25 | | the statement being
issued by the physician, advanced practice | 26 | | nurse, physician assistant,
registered nurse, or local health |
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| 1 | | department that will
be responsible for administration of the | 2 | | remaining required immunizations. If
a child does not comply by | 3 | | October 15, or by the earlier established date of
the current | 4 | | school year, with the requirements of this subsection, then the
| 5 | | local school authority shall exclude that child from school | 6 | | until such time as
the child presents proof of having had the | 7 | | health examination as required and
presents proof of having | 8 | | received those required immunizations which are
medically | 9 | | possible to receive immediately. During a child's exclusion | 10 | | from
school for noncompliance with this subsection, the child's | 11 | | parents or legal
guardian shall be considered in violation of | 12 | | Section 26-1 and subject to any
penalty imposed by Section | 13 | | 26-10. This subsection (5) does not apply to dental | 14 | | examinations and eye examinations. Until June 30, 2015, if the | 15 | | student is an out-of-state transfer student and does not have | 16 | | the proof required under this subsection (5) before October 15 | 17 | | of the current year or whatever date is set by the school | 18 | | district, then he or she may only attend classes (i) if he or | 19 | | she has proof that an appointment for the required vaccinations | 20 | | has been scheduled with a party authorized to submit proof of | 21 | | the required vaccinations. If the proof of vaccination required | 22 | | under this subsection (5) is not submitted within 30 days after | 23 | | the student is permitted to attend classes, then the student is | 24 | | not to be permitted to attend classes until proof of the | 25 | | vaccinations has been properly submitted. No school district or | 26 | | employee of a school district shall be held liable for any |
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| 1 | | injury or illness to another person that results from admitting | 2 | | an out-of-state transfer student to class that has an | 3 | | appointment scheduled pursuant to this subsection (5). | 4 | | (6) Every school shall report to the State Board of | 5 | | Education by November
15, in the manner which that agency shall | 6 | | require, the number of children who
have received the necessary | 7 | | immunizations and the health examination (other than a dental | 8 | | examination or eye examination) as
required, indicating, of | 9 | | those who have not received the immunizations and
examination | 10 | | as required, the number of children who are exempt from health
| 11 | | examination and immunization requirements on religious or | 12 | | medical grounds as
provided in subsection (8). Every school | 13 | | shall report to the State Board of Education by June 30, in the | 14 | | manner that the State Board requires, the number of children | 15 | | who have received the required dental examination, indicating, | 16 | | of those who have not received the required dental examination, | 17 | | the number of children who are exempt from the dental | 18 | | examination on religious grounds as provided in subsection (8) | 19 | | of this Section and the number of children who have received a | 20 | | waiver under subsection (1.5) of this Section. Every school | 21 | | shall report to the State Board of Education by June 30, in the | 22 | | manner that the State Board requires, the number of children | 23 | | who have received the required eye examination, indicating, of | 24 | | those who have not received the required eye examination, the | 25 | | number of children who are exempt from the eye examination as | 26 | | provided in subsection (8) of this Section, the number of |
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| 1 | | children who have received a waiver under subsection (1.10) of | 2 | | this Section, and the total number of children in noncompliance | 3 | | with the eye examination requirement. This reported | 4 | | information shall be provided to the
Department of Public | 5 | | Health by the State Board of Education. | 6 | | (7) Upon determining that the number of pupils who are | 7 | | required to be in
compliance with subsection (5) of this | 8 | | Section is below 90% of the number of
pupils enrolled in the | 9 | | school district, 10% of each State aid payment made
pursuant to | 10 | | Section 18-8.05 to the school district for such year may be | 11 | | withheld
by the State Board of Education until the number of | 12 | | students in compliance with
subsection (5) is the applicable | 13 | | specified percentage or higher. | 14 | | (8) Parents or legal guardians who object to health,
| 15 | | dental, or eye examinations or any part thereof, or to | 16 | | immunizations, on religious grounds
shall not be required to | 17 | | submit their children or wards to the examinations
or | 18 | | immunizations to which they so object if such parents or legal | 19 | | guardians
present to the appropriate local school authority a | 20 | | signed statement of
objection, detailing the grounds for the | 21 | | objection. If the physical condition
of the child is such that | 22 | | any one or more of the immunizing agents should not
be | 23 | | administered, the examining physician, advanced practice | 24 | | nurse, or
physician assistant responsible for the performance | 25 | | of the
health examination shall endorse that fact upon the | 26 | | health examination form.
Exempting a child from the health,
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| 1 | | dental, or eye examination does not exempt the child from
| 2 | | participation in the program of physical education training | 3 | | provided in
Sections 27-5 through 27-7 of this Code. | 4 | | (9) For the purposes of this Section, "nursery schools" | 5 | | means those nursery
schools operated by elementary school | 6 | | systems or secondary level school units
or institutions of | 7 | | higher learning. | 8 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.) |
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