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Public Act 095-0737 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27-8.1 as follows:
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(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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Sec. 27-8.1. Health examinations and immunizations.
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(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
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entering kindergarten or the first grade of any public, | ||||
private, or parochial
elementary school; upon entering the | ||||
sixth and ninth grades of any public,
private, or parochial | ||||
school; prior to entrance into any public, private, or
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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. Any child | ||||
who received a health examination within one year prior to | ||||
entering the fifth grade for the 2007-2008 school year is not | ||||
required to receive an additional health examination in order |
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph.
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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 eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations.
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(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health |
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
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(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after the effective date of this | ||
amendatory Act of the 95th General Assembly and any student | ||
enrolling for the first time in a public, private, or parochial | ||
school on or after the effective date of this amendatory Act of | ||
the 95th General Assembly shall have an eye examination. Each | ||
of these children shall present proof of having been examined | ||
by a physician licensed to practice medicine in all of its | ||
branches or a licensed optometrist within the previous year, in | ||
accordance with this Section and rules adopted under this | ||
Section, before October 15th of the school year. If the child | ||
fails to present proof by October 15th, the school may hold the | ||
child's report card until one of the following occurs: (i) the | ||
child presents proof of a completed eye examination or (ii) the | ||
child presents proof that an eye examination will take place | ||
within 60 days after October 15th. The Department of Public | ||
Health shall establish, by rule, a waiver for children who show | ||
an undue burden or a lack of access to a physician licensed to | ||
practice medicine in all of its branches who provides eye | ||
examinations or to a licensed optometrist. Each public, |
private, and parochial school must give notice of this eye | ||
examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
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(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include the | ||
collection of data relating to obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam),
and a dental 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.
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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
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responsible for the performance of the health examinations, | ||
other than dental
examinations, eye 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 eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
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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
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Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
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parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months."
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(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.
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(4) The individuals conducting the health examination,
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dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
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data relating to obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of |
exam), 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, including for a health examination factors relating | ||
to obesity. The individuals confirming the administration of
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required immunizations shall record as indicated on the form | ||
that the
immunizations were administered.
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(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
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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
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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. This subsection (5) does not apply to dental | ||
examinations and eye examinations.
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(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 (other than a dental | ||
examination or eye 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
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examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). Every school | ||
shall report to the State Board of Education by June 30, in the | ||
manner that the State Board requires, the number of children | ||
who have received the required dental examination, indicating, |
of those who have not received the required dental examination, | ||
the number of children who are exempt from the dental | ||
examination on religious grounds as provided in subsection (8) | ||
of this Section and the number of children who have received a | ||
waiver under subsection (1.5) of this Section. Every school | ||
shall report to the State Board of Education by June 30, in the | ||
manner that the State Board requires, the number of children | ||
who have received the required eye examination, indicating, of | ||
those who have not received the required eye examination, the | ||
number of children who are exempt from the eye examination as | ||
provided in subsection (8) of this Section, the number of | ||
children who have received a waiver under subsection (1.10) of | ||
this Section, and the total number of children in noncompliance | ||
with the eye examination requirement. This reported | ||
information shall be provided to the
Department of Public | ||
Health by the State Board of Education.
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(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 18-8.05 to the school district for such year may be | ||
withheld
by the State Board of Education until the number of | ||
students in compliance with
subsection (5) is the applicable | ||
specified percentage or higher.
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(8) Parents or legal guardians who object to health,
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dental, or eye 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,
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dental, or eye examination does not exempt the child from
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participation in the program of physical education training | ||
provided in
Sections 27-5 through 27-7 of this Code.
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(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.
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(Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; | ||
95-496, eff. 8-28-07; 95-671, eff. 1-1-08; revised 11-15-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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