Public Act 93-0530

SB1081 Enrolled                      LRB093 10828 AMC 11283 b

    AN ACT concerning schools.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  School  Code  is  amended  by changing
Section 27-8.1 as follows:

    (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
    Sec. 27-8.1.  Health examinations and immunizations.
    (1)  In compliance with rules and regulations  which  the
Department  of  Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall  have  a
health  examination  as  follows:  within  one  year prior to
entering kindergarten or  the  first  grade  of  any  public,
private,  or  parochial  elementary school; upon entering the
fifth and ninth grades of any public, private,  or  parochial
school;  prior  to  entrance  into  any  public,  private, or
parochial  nursery  school;  and,  irrespective   of   grade,
immediately  prior  to  or  upon  entrance  into  any public,
private, or parochial school or nursery  school,  each  child
shall  present  proof  of  having been examined in accordance
with this Section and the rules and  regulations  promulgated
hereunder.
    A tuberculosis skin test screening shall be included as a
required  part of each health examination included under this
Section if the child resides in an  area  designated  by  the
Department  of  Public  Health  as having a high incidence of
tuberculosis.   Additional  health  examinations  of  pupils,
including dental and vision  examinations,  may  be  required
when  deemed  necessary  by  school authorities.  Parents are
encouraged to have their children undergo dental examinations
at the same points in time required for health examinations.
    (2)  The Department of  Public  Health  shall  promulgate
rules   and   regulations  specifying  the  examinations  and
procedures that  constitute  a  health  examination  and  may
recommend  by  rule  that  certain additional examinations be
performed. The rules and regulations  of  the  Department  of
Public  Health  shall  specify  that a tuberculosis skin test
screening shall be included as a required part of each health
examination included under this Section if the child  resides
in  an  area designated by the Department of Public Health as
having a high incidence of tuberculosis.  The  Department  of
Public  Health  shall  specify  that  a diabetes screening as
defined by rule shall be included as a required part of  each
health examination.  Diabetes testing is not required.
    Physicians  licensed  to  practice medicine in all of its
branches,  advanced  practice  nurses  who  have  a   written
collaborative  agreement with a collaborating physician which
authorizes them to perform health examinations, or  physician
assistants  who have been delegated the performance of health
examinations  by  their  supervising   physician   shall   be
responsible  for  the performance of the health examinations,
other  than  dental  examinations  and  vision  and   hearing
screening,  and  shall  sign  all  report  forms  required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the  physician,  advanced
practice  nurse, or physician assistant is responsible.  If a
registered nurse performs any part of a  health  examination,
then  a physician licensed to practice medicine in all of its
branches must review and  sign  all  required  report  forms.
Licensed  dentists  shall perform all dental examinations and
shall sign all report forms required  by  subsection  (4)  of
this   Section  that  pertain  to  the  dental  examinations.
Physicians licensed to practice medicine in all its branches,
or licensed optometrists,  shall  perform  all  vision  exams
required  by  school  authorities  and  shall sign all report
forms required by subsection (4) of this Section that pertain
to the vision exam.   Vision  and  hearing  screening  tests,
which  shall  not  be considered examinations as that term is
used in this Section, shall be conducted in  accordance  with
rules and regulations of the Department of Public Health, and
by  individuals  whom  the  Department  of  Public Health has
certified.
    (3)  Every child shall, at or about the same time  as  he
or  she  receives a health examination required by subsection
(1) of this Section, present to the  local  school  proof  of
having   received   such  immunizations  against  preventable
communicable diseases as  the  Department  of  Public  Health
shall  require  by rules and regulations promulgated pursuant
to this Section and the Communicable Disease Prevention Act.
    (4)  The individuals conducting  the  health  examination
shall  record  the  fact of having conducted the examination,
and such additional information as required, on uniform forms
which the Department of Public Health and the State Board  of
Education  shall  prescribe  for statewide use.  The examiner
shall summarize on the report form any condition that  he  or
she  suspects  indicates  a  need  for special services.  The
individuals  confirming  the   administration   of   required
immunizations  shall record as indicated on the form that the
immunizations were administered.
    (5)  If a child does  not  submit  proof  of  having  had
either   the   health  examination  or  the  immunization  as
required, then the child shall be  examined  or  receive  the
immunization,  as  the  case  may  be,  and  present proof by
October 15 of the current school year, or by an earlier  date
of  the current school year established by a school district.
To establish a date before October 15 of the  current  school
year  for the health examination or immunization as required,
a school district must give notice  of  the  requirements  of
this  Section  60 days prior to the earlier established date.
If  for  medical  reasons  one  or  more  of   the   required
immunizations  must  be given after October 15 of the current
school year, or after an  earlier  established  date  of  the
current school year, then the child shall present, by October
15,  or  by  the earlier established date, a schedule for the
administration of the immunizations and a  statement  of  the
medical  reasons causing the delay, both the schedule and the
statement being issued by the  physician,  advanced  practice
nurse, physician assistant, registered nurse, or local health
department that will be responsible for administration of the
remaining required immunizations.  If a child does not comply
by  October  15,  or  by  the earlier established date of the
current  school  year,  with   the   requirements   of   this
subsection,  then  the  local  school authority shall exclude
that child from school until such time as the child  presents
proof  of  having  had the health examination as required and
presents   proof   of   having   received   those    required
immunizations   which   are  medically  possible  to  receive
immediately.  During a  child's  exclusion  from  school  for
noncompliance  with  this  subsection, the child's parents or
legal guardian shall be considered in  violation  of  Section
26-1 and subject to any penalty imposed by Section 26-10.
    (6)  Every  school  shall  report  to  the State Board of
Education by November 15, in the  manner  which  that  agency
shall  require,  the number of children who have received the
necessary  immunizations  and  the  health   examination   as
required,  indicating,  of  those  who  have not received the
immunizations and examination  as  required,  the  number  of
children   who   are   exempt  from  health  examination  and
immunization requirements on religious or medical grounds  as
provided  in subsection (8).  This reported information shall
be provided to the Department of Public Health by  the  State
Board of Education.
    (7)  Upon  determining  that the number of pupils who are
required to be in compliance  with  subsection  (5)  of  this
Section  is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made  pursuant
to Section 18-8 to the school district for such year shall be
withheld  by  the regional superintendent until the number of
students in compliance with subsection (5) is the  applicable
specified percentage or higher.
    (8)  Parents  or  legal  guardians  who  object to health
examinations or any part thereof,  or  to  immunizations,  on
religious  grounds  shall  not  be  required  to submit their
children or wards to the  examinations  or  immunizations  to
which  they  so  object  if  such  parents or legal guardians
present to the appropriate local school  authority  a  signed
statement   of  objection,  detailing  the  grounds  for  the
objection.  If the physical condition of the  child  is  such
that  any  one or more of the immunizing agents should not be
administered,  the  examining  physician,  advanced  practice
nurse, or physician assistant responsible for the performance
of the health examination shall endorse that  fact  upon  the
health  examination  form.  Exempting a child from the health
examination does not exempt the child from  participation  in
the  program  of  physical  education  training  provided  in
Sections 27-5 through 27-7 of this Code.
    (9)  For  the purposes of this Section, "nursery schools"
means those nursery schools  operated  by  elementary  school
systems  or  secondary  level school units or institutions of
higher learning.
(Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)

    Section 99. Effective date.  This  Act  takes  effect  on
January 1, 2004.