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91_SB1145
LRB9106157NTsb
1 AN ACT to amend the School Code by changing Section
2 27-8.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 27-8.1 as follows:
7 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
8 Sec. 27-8.1. Required health examinations and
9 immunizations.
10 (1) In compliance with rules and regulations which the
11 Department of Public Health shall promulgate, and except as
12 hereinafter provided, all children in Illinois shall have a
13 health examination as follows: within one year prior to
14 entering kindergarten or the first grade of any public,
15 private, or parochial elementary school; upon entering the
16 fifth and ninth grades of any public, private, or parochial
17 school; prior to entrance into any public, private, or
18 parochial nursery school; and, irrespective of grade,
19 immediately prior to or upon entrance into any public,
20 private, or parochial school or nursery school, each child
21 shall present proof of having been examined in accordance
22 with this Section and the rules and regulations promulgated
23 hereunder.
24 A tuberculosis skin test screening shall be included as a
25 required part of each health examination included under this
26 Section if the child resides in an area designated by the
27 Department of Public Health as having a high incidence of
28 tuberculosis. Additional health examinations of pupils,
29 including dental and vision examinations, may be required
30 when deemed necessary by school authorities. Parents are
31 encouraged to have their children undergo dental examinations
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1 at the same points in time required for health examinations.
2 (2) The Department of Public Health shall promulgate
3 rules and regulations specifying the examinations and
4 procedures that constitute a health examination and may
5 recommend by rule that certain additional examinations be
6 performed. The rules and regulations of the Department of
7 Public Health shall specify that a tuberculosis skin test
8 screening shall be included as a required part of each health
9 examination included under this Section if the child resides
10 in an area designated by the Department of Public Health as
11 having a high incidence of tuberculosis.
12 Physicians licensed to practice medicine in all of its
13 branches shall be responsible for the performance of the
14 health examinations, other than dental examinations and
15 vision and hearing screening, and shall sign all report forms
16 required by subsection (4) of this Section that pertain to
17 those portions of the health examination for which the
18 physician is responsible. If a registered nurse performs any
19 part of a health examination, then a physician licensed to
20 practice medicine in all of its branches must review and sign
21 all required report forms. Licensed dentists shall perform
22 all dental examinations and shall sign all report forms
23 required by subsection (4) of this Section that pertain to
24 the dental examinations. Physicians licensed to practice
25 medicine in all its branches, or licensed optometrists, shall
26 perform all vision exams required by school authorities and
27 shall sign all report forms required by subsection (4) of
28 this Section that pertain to the vision exam. Vision and
29 hearing screening tests, which shall not be considered
30 examinations as that term is used in this Section, shall be
31 conducted in accordance with rules and regulations of the
32 Department of Public Health, and by individuals whom the
33 Department of Public Health has certified.
34 (3) Every child shall, at or about the same time as he
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1 or she receives a health examination required by subsection
2 (1) of this Section, present to the local school, proof of
3 having received such immunizations against preventable
4 communicable diseases as the Department of Public Health
5 shall require by rules and regulations promulgated pursuant
6 to this Section and the Communicable Disease Prevention Act.
7 (4) The individuals conducting the health examination
8 shall record the fact of having conducted the examination,
9 and such additional information as required, on uniform forms
10 which the Department of Public Health and the State Board of
11 Education shall prescribe for statewide use. The examiner
12 shall summarize on the report form any condition that he or
13 she suspects indicates a need for special services. The
14 individuals confirming the administration of required
15 immunizations shall record as indicated on the form that the
16 immunizations were administered.
17 (5) If a child does not submit proof of having had
18 either the health examination or the immunization as
19 required, then the child shall be examined or receive the
20 immunization, as the case may be, and present proof by
21 October 15 of the current school year, or by an earlier date
22 of the current school year established by a school district.
23 To establish a date before October 15 of the current school
24 year for the health examination or immunization as required,
25 a school district must give notice of the requirements of
26 this Section 60 days prior to the earlier established date.
27 If for medical reasons one or more of the required
28 immunizations must be given after October 15 of the current
29 school year, or after an earlier established date of the
30 current school year, then the child shall present, by October
31 15, or by the earlier established date, a schedule for the
32 administration of the immunizations and a statement of the
33 medical reasons causing the delay, both the schedule and the
34 statement being issued by the physician, registered nurse, or
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1 local health department that will be responsible for
2 administration of the remaining required immunizations. If a
3 child does not comply by October 15, or by the earlier
4 established date of the current school year, with the
5 requirements of this subsection, then the local school
6 authority shall exclude that child from school until such
7 time as the child presents proof of having had the health
8 examination as required and presents proof of having received
9 those required immunizations which are medically possible to
10 receive immediately. During a child's exclusion from school
11 for noncompliance with this subsection, the child's parents
12 or legal guardian shall be considered in violation of Section
13 26-1 and subject to any penalty imposed by Section 26-10.
14 (6) Every school shall report to the State Board of
15 Education by November 15, in the manner which that agency
16 shall require, the number of children who have received the
17 necessary immunizations and the health examination as
18 required, indicating, of those who have not received the
19 immunizations and examination as required, the number of
20 children who are exempt from health examination and
21 immunization requirements on religious or medical grounds as
22 provided in subsection (8). This reported information shall
23 be provided to the Department of Public Health by the State
24 Board of Education.
25 (7) Upon determining that the number of pupils who are
26 required to be in compliance with subsection (5) of this
27 Section is below 90% of the number of pupils enrolled in the
28 school district, 10% of each State aid payment made pursuant
29 to Section 18-8 to the school district for such year shall be
30 withheld by the regional superintendent until the number of
31 students in compliance with subsection (5) is the applicable
32 specified percentage or higher.
33 (8) Children whose Parents or legal guardians who object
34 to health examinations or any part thereof, or to
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1 immunizations, on religious grounds shall not be required to
2 submit their children or wards to the examinations or
3 immunizations to which they so object if such parents or
4 legal guardians present to the appropriate local school
5 authority a signed statement of objection, detailing the
6 grounds for the objection. If the physical condition of the
7 child is such that any one or more of the immunizing agents
8 should not be administered, the examining physician
9 responsible for the performance of the health examination
10 shall endorse that fact upon the health examination form.
11 Exempting a child from the health examination does not exempt
12 the child from participation in the program of physical
13 education training provided in Sections 27-5 through 27-7 of
14 this Code.
15 (9) For the purposes of this Section, "nursery schools"
16 means those nursery schools operated by elementary school
17 systems or secondary level school units or institutions of
18 higher learning.
19 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
20 8-9-96; revised 3-10-98.)