Public Act 099-0249
 
SB1410 EnrolledLRB099 09018 NHT 29200 b


  
    AN ACT concerning education.
  
 
    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 
sixth 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. 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. 
    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.
    (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.

    (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.

    (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.
    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, 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

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.
In these rules and 
regulations, the Department of Public Health shall
require that 
individuals conducting vision screening tests give a child's

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."
    (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,


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

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

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. This subsection (5) does not apply to dental 
examinations and eye examinations. If the student is an 
out-of-state transfer student and does not have the proof 
required under this subsection (5) before October 15 of the 
current year or whatever date is set by the school district, 
then he or she may only attend classes (i) if he or she has 
proof that an appointment for the required vaccinations has 
been scheduled with a party authorized to submit proof of the 
required vaccinations. If the proof of vaccination required 
under this subsection (5) is not submitted within 30 days after 
the student is permitted to attend classes, then the student is 
not to be permitted to attend classes until proof of the 
vaccinations has been properly submitted. No school district or 
employee of a school district shall be held liable for any 
injury or illness to another person that results from admitting 
an out-of-state transfer student to class that has an 
appointment scheduled pursuant to this subsection (5). 
    (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

examination and immunization requirements on religious or 
medical grounds as
provided in subsection (8).  On or before 
December 1 of each year, every public school district and 
registered nonpublic school shall make publicly available the 
immunization data they are required to submit to the State 
Board of Education by November 15.  The immunization data made 
publicly available must be identical to the data the school 
district or school has reported to the State Board of 
Education.
    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.
    The reported information under this subsection (6) 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 18-8.05 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.
    (8) Children of parents or legal guardians who object to 
health, dental, or eye examinations or any part thereof, to 
immunizations, or to vision and hearing screening tests on 
religious grounds shall not be required to undergo the 
examinations, tests,  or immunizations to which they so object 
if such parents or legal guardians present to the appropriate 
local school authority a signed Certificate of Religious 
Exemption detailing the grounds for objection and the specific 
immunizations, tests,  or examinations to which they object.  The 
grounds for objection must set forth the specific religious 
belief that conflicts with the examination, test, 
immunization, or other medical intervention.  The signed 
certificate shall also reflect the parent's or legal guardian's 
understanding of the school's exclusion policies in the case of 
a vaccine-preventable disease outbreak or exposure.  The 
certificate must also be signed by the authorized examining 
health care provider responsible for the performance of the 
child's health examination confirming that the provider 
provided education to the parent or legal guardian on the 
benefits of immunization and the health risks to the student 
and to the community of the communicable diseases for which 
immunization is required in this State.  However, the health 
care provider's signature on the certificate reflects only that 
education was provided and does not allow a health care 
provider grounds to determine a religious exemption. Those 
receiving immunizations required under this Code shall be 
provided with the relevant vaccine information statements that 
are required to be disseminated by the federal National 
Childhood Vaccine Injury Act of 1986, which may contain 
information on circumstances when a vaccine should not be 
administered, prior to administering a vaccine. A healthcare 
provider may consider including without limitation the 
nationally accepted recommendations from federal agencies such 
as the Advisory Committee on Immunization Practices, the 
information outlined in the relevant vaccine information 
statement, and vaccine package inserts, along with the 
healthcare provider's clinical judgment, to determine whether 
any child may be more susceptible to experiencing an adverse 
vaccine reaction than the general population, and if so, the 
healthcare provider may exempt the child from an immunization 
or adopt an individualized immunization schedule. The 
Certificate of Religious Exemption shall be created by the 
Department of Public Health and shall be made available and 
used by parents and legal guardians by the beginning of the 
2015-2016 school year.  Parents or legal guardians must submit 
the Certificate of Religious Exemption to their local school 
authority prior to entering kindergarten, sixth grade, and 
ninth grade for each child for which they are requesting an 
exemption. The religious objection stated need not be directed 
by the tenets of an established religious organization. 
However, general philosophical or moral reluctance to allow 
physical examinations, eye examinations, immunizations, vision 
and hearing screenings, or dental examinations does not provide 
a sufficient basis for an exception to statutory requirements. 
The local school authority is responsible for determining if

the content of the Certificate of Religious Exemption

constitutes a valid religious objection.
The local school 
authority shall inform the parent or legal guardian of 
exclusion procedures, in accordance with the Department's 
rules under Part 690 of Title 77 of the Illinois Administrative 
Code, at the time the objection is presented. Parents or legal 
guardians who object to health,

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,

dental, or eye 
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. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673, 
eff. 6-30-14.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/3/2015