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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 |
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Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination.
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| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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 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
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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
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16 | | parochial nursery school; and, irrespective of grade, |
17 | | immediately prior to or
upon entrance into any public, |
18 | | private, or parochial school or nursery school,
each child |
19 | | shall present proof of having been examined in accordance with |
20 | | this
Section and the rules and regulations promulgated |
21 | | hereunder. Any child who received a health examination within |
22 | | one year prior to entering the fifth grade for the 2007-2008 |
23 | | school year is not required to receive an additional health |
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1 | | examination in order to comply with the provisions of Public |
2 | | Act 95-422 when he or she attends school for the 2008-2009 |
3 | | school year, unless the child is attending school for the |
4 | | first time as provided in 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 |
12 | | have their children undergo eye examinations at the same |
13 | | points in time required for health
examinations. |
14 | | (1.5) In compliance with rules adopted by the Department |
15 | | of Public Health and except as otherwise provided in this |
16 | | Section, all children in kindergarten and the second, sixth, |
17 | | and ninth grades of any public, private, or parochial school |
18 | | shall have a dental examination. Each of these children shall |
19 | | present proof of having been examined by a dentist in |
20 | | accordance with this Section and rules adopted under this |
21 | | Section before May 15th of the school year. If a child in the |
22 | | second, sixth, or ninth grade fails to present proof by May |
23 | | 15th, the school may hold the child's report card until one of |
24 | | the following occurs: (i) the child presents proof of a |
25 | | completed dental examination or (ii) the child presents proof |
26 | | that a dental examination will take place within 60 days after |
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1 | | May 15th. A school may not withhold a child's report card |
2 | | during a school year in which the Governor has declared a |
3 | | disaster due to a public health emergency pursuant to Section |
4 | | 7 of the Illinois Emergency Management Agency Act. The |
5 | | Department of Public Health shall establish, by rule, a waiver |
6 | | for children who show an undue burden or a lack of access to a |
7 | | dentist. Each public, private, and parochial school must give |
8 | | notice of this dental examination requirement to the parents |
9 | | and guardians of students at least 60 days before May 15th of |
10 | | each school year.
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11 | | (1.10) Except as otherwise provided in this Section, all |
12 | | children enrolling in kindergarten in a public, private, or |
13 | | parochial school on or after January 1, 2008 (the effective |
14 | | date of Public Act 95-671) and any student enrolling for the |
15 | | first time in a public, private, or parochial school on or |
16 | | after January 1, 2008 (the effective date of Public Act |
17 | | 95-671) shall have an eye examination. Each of these children |
18 | | shall present proof of having been examined by a physician |
19 | | licensed to practice medicine in all of its branches or a |
20 | | licensed optometrist within the previous year, in accordance |
21 | | with this Section and rules adopted under this Section, before |
22 | | October 15th of the school year. If the child fails to present |
23 | | proof by October 15th, the school may hold the child's report |
24 | | card until one of the following occurs: (i) the child presents |
25 | | proof of a completed eye examination or (ii) the child |
26 | | presents proof that an eye examination will take place within |
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1 | | 60 days after October 15th. A school may not withhold a child's |
2 | | report card during a school year in which the Governor has |
3 | | declared a disaster due to a public health emergency pursuant |
4 | | to Section 7 of the Illinois Emergency Management Agency Act. |
5 | | The Department of Public Health shall establish, by rule, a |
6 | | waiver for children who show an undue burden or a lack of |
7 | | access to a physician licensed to practice medicine in all of |
8 | | its branches who provides eye examinations or to a licensed |
9 | | optometrist. Each public, private, and parochial school must |
10 | | give notice of this eye examination requirement to the parents |
11 | | and guardians of students in compliance with rules of the |
12 | | Department of Public Health. Nothing in this Section shall be |
13 | | construed to allow a school to exclude a child from attending |
14 | | because of a parent's or guardian's failure to obtain an eye |
15 | | examination for the child.
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16 | | (2) The Department of Public Health shall promulgate rules |
17 | | and regulations
specifying the examinations and procedures |
18 | | that constitute a health examination, which shall include an |
19 | | age-appropriate developmental screening, an age-appropriate |
20 | | social and emotional screening, a screening to determine risk |
21 | | of cardiac arrest, and the collection of data relating to |
22 | | asthma and obesity
(including at a minimum, date of birth, |
23 | | gender, height, weight, blood pressure, and date of exam),
and |
24 | | a dental examination and may recommend by rule that certain |
25 | | additional examinations be performed.
The rules and |
26 | | regulations of the Department of Public Health shall specify |
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1 | | that
a tuberculosis skin test screening shall be included as a |
2 | | required part of each
health examination included under this |
3 | | Section if the child resides in an area
designated by the |
4 | | Department of Public Health as having a high incidence of
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5 | | tuberculosis.
With respect to the developmental screening and |
6 | | the social and emotional screening, the Department of Public |
7 | | Health must, no later than January 1, 2019, develop rules and |
8 | | appropriate revisions to the Child Health Examination form in |
9 | | conjunction with a statewide organization representing school |
10 | | boards; a statewide organization representing pediatricians; |
11 | | statewide organizations representing individuals holding |
12 | | Illinois educator licenses with school support personnel |
13 | | endorsements, including school social workers, school |
14 | | psychologists, and school nurses; a statewide organization |
15 | | representing children's mental health experts; a statewide |
16 | | organization representing school principals; the Director of |
17 | | Healthcare and Family Services or his or her designee, the |
18 | | State Superintendent of Education or his or her designee; and |
19 | | representatives of other appropriate State agencies and, at a |
20 | | minimum, must recommend the use of validated screening tools |
21 | | appropriate to the child's age or grade, and, with regard to |
22 | | the social and emotional screening, require recording only |
23 | | whether or not the screening was completed. The rules shall |
24 | | take into consideration the screening recommendations of the |
25 | | American Academy of Pediatrics and must be consistent with the |
26 | | State Board of Education's social and emotional learning |
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1 | | standards. The Department of Public Health shall specify that |
2 | | a diabetes
screening as defined by rule shall be included as a |
3 | | required part of each
health examination.
Diabetes testing is |
4 | | not required. |
5 | | Physicians licensed to practice medicine in all of its |
6 | | branches, licensed advanced
practice registered nurses, or |
7 | | licensed physician assistants shall be
responsible for the |
8 | | performance of the health examinations, other than dental
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9 | | examinations, eye examinations, and vision and hearing |
10 | | screening, and shall sign all report forms
required by |
11 | | subsection (4) of this Section that pertain to those portions |
12 | | of
the health examination for which the physician, advanced |
13 | | practice registered nurse, or
physician assistant is |
14 | | responsible.
If a registered
nurse performs any part of a |
15 | | health examination, then a physician licensed to
practice |
16 | | medicine in all of its branches must review and sign all |
17 | | required
report forms. Licensed dentists shall perform all |
18 | | dental examinations and
shall sign all report forms required |
19 | | by subsection (4) of this Section that
pertain to the dental |
20 | | examinations. Physicians licensed to practice medicine
in all |
21 | | its branches or licensed optometrists shall perform all eye |
22 | | examinations
required by this Section and shall sign all |
23 | | report forms required by
subsection (4) of this Section that |
24 | | pertain to the eye examination. For purposes of this Section, |
25 | | an eye examination shall at a minimum include history, visual |
26 | | acuity, subjective refraction to best visual acuity near and |
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1 | | far, internal and external examination, and a glaucoma |
2 | | evaluation, as well as any other tests or observations that in |
3 | | the professional judgment of the doctor are necessary. Vision |
4 | | and
hearing screening tests, which shall not be considered |
5 | | examinations as that
term is used in this Section, shall be |
6 | | conducted in accordance with rules and
regulations of the |
7 | | Department of Public Health, and by individuals whom the
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8 | | Department of Public Health has certified.
In these rules and |
9 | | regulations, the Department of Public Health shall
require |
10 | | that individuals conducting vision screening tests give a |
11 | | child's
parent or guardian written notification, before the |
12 | | vision screening is
conducted, that states, "Vision screening |
13 | | is not a substitute for a
complete eye and vision evaluation by |
14 | | an eye doctor. Your child is not
required to undergo this |
15 | | vision screening if an optometrist or
ophthalmologist has |
16 | | completed and signed a report form indicating that
an |
17 | | examination has been administered within the previous 12 |
18 | | months.". |
19 | | (2.5) With respect to the developmental screening and the |
20 | | social and emotional screening portion of the health |
21 | | examination, each child may present proof of having been |
22 | | screened in accordance with this Section and the rules adopted |
23 | | under this Section before October 15th of the school year. |
24 | | With regard to the social and emotional screening only, the |
25 | | examining health care provider shall only record whether or |
26 | | not the screening was completed. If the child fails to present |
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1 | | proof of the developmental screening or the social and |
2 | | emotional screening portions of the health examination by |
3 | | October 15th of the school year, qualified school support |
4 | | personnel may, with a parent's or guardian's consent, offer |
5 | | the developmental screening or the social and emotional |
6 | | screening to the child. Each public, private, and parochial |
7 | | school must give notice of the developmental screening and |
8 | | social and emotional screening requirements to the parents and |
9 | | guardians of students in compliance with the rules of the |
10 | | Department of Public Health. Nothing in this Section shall be |
11 | | construed to allow a school to exclude a child from attending |
12 | | because of a parent's or guardian's failure to obtain a |
13 | | developmental screening or a social and emotional screening |
14 | | for the child. Once a developmental screening or a social and |
15 | | emotional screening is completed and proof has been presented |
16 | | to the school, the school may, with a parent's or guardian's |
17 | | consent, make available appropriate school personnel to work |
18 | | with the parent or guardian, the child, and the provider who |
19 | | signed the screening form to obtain any appropriate |
20 | | evaluations and services as indicated on the form and in other |
21 | | information and documentation provided by the parents, |
22 | | guardians, or provider. |
23 | | (3) Every child shall, at or about the same time as he or |
24 | | she receives
a health examination required by subsection (1) |
25 | | of this Section, present
to the local school proof of having |
26 | | received such immunizations against
preventable communicable |
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1 | | diseases as the Department of Public Health shall
require by |
2 | | rules and regulations promulgated pursuant to this Section and |
3 | | the
Communicable Disease Prevention Act. |
4 | | (4) The individuals conducting the health examination,
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5 | | dental examination, or eye examination shall record the
fact |
6 | | of having conducted the examination, and such additional |
7 | | information as
required, including for a health examination
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8 | | data relating to asthma and obesity
(including at a minimum, |
9 | | date of birth, gender, height, weight, blood pressure, and |
10 | | date of exam), on uniform forms which the Department of Public |
11 | | Health and the State
Board of Education shall prescribe for |
12 | | statewide use. The examiner shall
summarize on the report form |
13 | | any condition that he or she suspects indicates a
need for |
14 | | special services, including for a health examination factors |
15 | | relating to asthma or obesity. The duty to summarize on the |
16 | | report form does not apply to social and emotional screenings. |
17 | | The confidentiality of the information and records relating to |
18 | | the developmental screening and the social and emotional |
19 | | screening shall be determined by the statutes, rules, and |
20 | | professional ethics governing the type of provider conducting |
21 | | the screening. The individuals confirming the administration |
22 | | of
required immunizations shall record as indicated on the |
23 | | form that the
immunizations were administered. |
24 | | (5) If a child does not submit proof of having had either |
25 | | the health
examination or the immunization as required, then |
26 | | the child shall be examined
or receive the immunization, as |
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1 | | the case may be, and present proof by October
15 of the current |
2 | | school year, or by an earlier date of the current school year
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3 | | established by a school district. To establish a date before |
4 | | October 15 of the
current school year for the health |
5 | | examination or immunization as required, a
school district |
6 | | must give notice of the requirements of this Section 60 days
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7 | | prior to the earlier established date. If for medical reasons |
8 | | one or more of
the required immunizations must be given after |
9 | | October 15 of the current school
year, or after an earlier |
10 | | established date of the current school year, then
the child |
11 | | shall present, by October 15, or by the earlier established |
12 | | date, a
schedule for the administration of the immunizations |
13 | | and a statement of the
medical reasons causing the delay, both |
14 | | the schedule and the statement being
issued by the physician, |
15 | | advanced practice registered nurse, physician assistant,
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16 | | registered nurse, or local health department that will
be |
17 | | responsible for administration of the remaining required |
18 | | immunizations. If
a child does not comply by October 15, or by |
19 | | the earlier established date of
the current school year, with |
20 | | the requirements of this subsection, then the
local school |
21 | | authority shall exclude that child from school until such time |
22 | | as
the child presents proof of having had the health |
23 | | examination as required and
presents proof of having received |
24 | | those required immunizations which are
medically possible to |
25 | | receive immediately. During a child's exclusion from
school |
26 | | for noncompliance with this subsection, the child's parents or |
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1 | | legal
guardian shall be considered in violation of Section |
2 | | 26-1 and subject to any
penalty imposed by Section 26-10. This |
3 | | subsection (5) does not apply to dental examinations, eye |
4 | | examinations, and the developmental screening and the social |
5 | | and emotional screening portions of the health examination. If |
6 | | the student is an out-of-state transfer student and does not |
7 | | have the proof required under this subsection (5) before |
8 | | October 15 of the current year or whatever date is set by the |
9 | | school district, then he or she may only attend classes (i) if |
10 | | he or she has proof that an appointment for the required |
11 | | vaccinations has been scheduled with a party authorized to |
12 | | submit proof of the required vaccinations. If the proof of |
13 | | vaccination required under this subsection (5) is not |
14 | | submitted within 30 days after the student is permitted to |
15 | | attend classes, then the student is not to be permitted to |
16 | | attend classes until proof of the vaccinations has been |
17 | | properly submitted. No school district or employee of a school |
18 | | district shall be held liable for any injury or illness to |
19 | | another person that results from admitting an out-of-state |
20 | | transfer student to class that has an appointment scheduled |
21 | | pursuant to this subsection (5). |
22 | | (6) Every school shall report to the State Board of |
23 | | Education by November
15, in the manner which that agency |
24 | | shall require, the number of children who
have received the |
25 | | necessary immunizations and the health examination (other than |
26 | | a dental examination or eye examination) as
required, |
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1 | | indicating, of those who have not received the immunizations |
2 | | and
examination as required, the number of children who are |
3 | | exempt from health
examination and immunization requirements |
4 | | on religious or medical grounds as
provided in subsection (8). |
5 | | On or before December 1 of each year, every public school |
6 | | district and registered nonpublic school shall make publicly |
7 | | available the immunization data they are required to submit to |
8 | | the State Board of Education by November 15. The immunization |
9 | | data made publicly available must be identical to the data the |
10 | | school district or school has reported to the State Board of |
11 | | Education. |
12 | | Every school shall report to the State Board of Education |
13 | | by June 30, in the manner that the State Board requires, the |
14 | | number of children who have received the required dental |
15 | | examination, indicating, of those who have not received the |
16 | | required dental examination, the number of children who are |
17 | | exempt from the dental examination on religious grounds as |
18 | | provided in subsection (8) of this Section and the number of |
19 | | children who have received a waiver under subsection (1.5) of |
20 | | this Section. |
21 | | Every school shall report to the State Board of Education |
22 | | by June 30, in the manner that the State Board requires, the |
23 | | number of children who have received the required eye |
24 | | examination, indicating, of those who have not received the |
25 | | required eye examination, the number of children who are |
26 | | exempt from the eye examination as provided in subsection (8) |
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1 | | of this Section, the number of children who have received a |
2 | | waiver under subsection (1.10) of this Section, and the total |
3 | | number of children in noncompliance with the eye examination |
4 | | requirement. |
5 | | The reported information under this subsection (6) shall |
6 | | be provided to the
Department of Public Health by the State |
7 | | Board of Education. |
8 | | (7) Upon determining that the number of pupils who are |
9 | | required to be in
compliance with subsection (5) of this |
10 | | Section is below 90% of the number of
pupils enrolled in the |
11 | | school district, 10% of each State aid payment made
pursuant |
12 | | to Section 18-8.05 or 18-8.15 to the school district for such |
13 | | year may be withheld
by the State Board of Education until the |
14 | | number of students in compliance with
subsection (5) is the |
15 | | applicable specified percentage or higher. |
16 | | (8) Children of parents or legal guardians who object to |
17 | | health, dental, or eye examinations or any part thereof, to |
18 | | immunizations, or to vision and hearing screening tests on |
19 | | religious grounds shall not be required to undergo the |
20 | | examinations, tests, or immunizations to which they so object |
21 | | if such parents or legal guardians present to the appropriate |
22 | | local school authority a signed Certificate of Religious |
23 | | Exemption detailing the grounds for objection and the specific |
24 | | immunizations, tests, or examinations to which they object. |
25 | | The grounds for objection must set forth the specific |
26 | | religious belief that conflicts with the examination, test, |
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1 | | immunization, or other medical intervention. The signed |
2 | | certificate shall also reflect the parent's or legal |
3 | | guardian's understanding of the school's exclusion policies in |
4 | | the case of a vaccine-preventable disease outbreak or |
5 | | exposure. The certificate must also be signed by the |
6 | | authorized examining health care provider responsible for the |
7 | | performance of the child's health examination confirming that |
8 | | the provider provided education to the parent or legal |
9 | | guardian on the benefits of immunization and the health risks |
10 | | to the student and to the community of the communicable |
11 | | diseases for which immunization is required in this State. |
12 | | However, the health care provider's signature on the |
13 | | certificate reflects only that education was provided and does |
14 | | not allow a health care provider grounds to determine a |
15 | | religious exemption. Those receiving immunizations required |
16 | | under this Code shall be provided with the relevant vaccine |
17 | | information statements that are required to be disseminated by |
18 | | the federal National Childhood Vaccine Injury Act of 1986, |
19 | | which may contain information on circumstances when a vaccine |
20 | | should not be administered, prior to administering a vaccine. |
21 | | A healthcare provider may consider including without |
22 | | limitation the nationally accepted recommendations from |
23 | | federal agencies such as the Advisory Committee on |
24 | | Immunization Practices, the information outlined in the |
25 | | relevant vaccine information statement, and vaccine package |
26 | | inserts, along with the healthcare provider's clinical |
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1 | | judgment, to determine whether any child may be more |
2 | | susceptible to experiencing an adverse vaccine reaction than |
3 | | the general population, and, if so, the healthcare provider |
4 | | may exempt the child from an immunization or adopt an |
5 | | individualized immunization schedule. The Certificate of |
6 | | Religious Exemption shall be created by the Department of |
7 | | Public Health and shall be made available and used by parents |
8 | | and legal guardians by the beginning of the 2015-2016 school |
9 | | year. Parents or legal guardians must submit the Certificate |
10 | | of Religious Exemption to their local school authority prior |
11 | | to entering kindergarten, sixth grade, and ninth grade for |
12 | | each child for which they are requesting an exemption. The |
13 | | religious objection stated need not be directed by the tenets |
14 | | of an established religious organization. However, general |
15 | | philosophical or moral reluctance to allow physical |
16 | | examinations, eye examinations, immunizations, vision and |
17 | | hearing screenings, or dental examinations does not provide a |
18 | | sufficient basis for an exception to statutory requirements. |
19 | | The local school authority is responsible for determining if
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20 | | the content of the Certificate of Religious Exemption
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21 | | constitutes a valid religious objection.
The local school |
22 | | authority shall inform the parent or legal guardian of |
23 | | exclusion procedures, in accordance with the Department's |
24 | | rules under Part 690 of Title 77 of the Illinois |
25 | | Administrative Code, at the time the objection is presented. |
26 | | If the physical condition
of the child is such that any one |
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1 | | or more of the immunizing agents should not
be administered, |
2 | | the examining physician, advanced practice registered nurse, |
3 | | or
physician assistant responsible for the performance of the
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4 | | health examination shall endorse that fact upon the health |
5 | | examination form. |
6 | | Exempting a child from the health,
dental, or eye |
7 | | examination does not exempt the child from
participation in |
8 | | the program of physical education training provided in
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9 | | Sections 27-5 through 27-7 of this Code. |
10 | | (8.5) The school board of a school district shall include |
11 | | informational materials regarding influenza and influenza |
12 | | vaccinations and meningococcal disease and meningococcal |
13 | | vaccinations developed, provided, or approved by the |
14 | | Department of Public Health under Section 2310-700 of the |
15 | | Department of Public Health Powers and Duties Law of the Civil |
16 | | Administrative Code of Illinois when the board provides |
17 | | information on immunizations, infectious diseases, |
18 | | medications, or other school health issues to the parents or |
19 | | guardians of students. |
20 | | (9) For the purposes of this Section, "nursery schools" |
21 | | means those nursery
schools operated by elementary school |
22 | | systems or secondary level school units
or institutions of |
23 | | higher learning. |
24 | | (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; |
25 | | 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. |
26 | | 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, |