97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3997

 

Introduced 1/18/2012, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-8.1  from Ch. 122, par. 27-8.1

    Amends the School Code. Makes a technical change in a Section concerning health examinations and immunizations.


LRB097 16814 NHT 61994 b

 

 

A BILL FOR

 

HB3997LRB097 16814 NHT 61994 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527-8.1 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 and regulations which the
9Department of Public Health shall promulgate, and except as
10hereinafter provided, all children in Illinois shall have a
11health examination as follows: within one year prior to
12entering kindergarten or the first grade of any public,
13private, or parochial elementary school; upon entering the
14sixth and ninth grades of any public, private, or parochial
15school; prior to entrance into any public, private, or
16parochial nursery school; and, irrespective of grade,
17immediately prior to or upon entrance into any public, private,
18or parochial school or nursery school, each child shall present
19proof of having been examined in accordance with this Section
20and the rules and regulations promulgated hereunder. Any child
21who received a health examination within one year prior to
22entering the fifth grade for the 2007-2008 school year is not
23required to receive an additional health examination in order

 

 

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1to comply with the provisions of Public Act 95-422 when he or
2she attends school for the 2008-2009 school year, unless the
3child is attending school for the first time as provided in
4this paragraph.
5    A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to have
12their children undergo eye examinations at the same points in
13time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department of
15Public Health and except as otherwise provided in this Section,
16all children in kindergarten and the second and sixth grades of
17any public, private, or parochial school shall have a dental
18examination. Each of these children shall present proof of
19having been examined by a dentist in accordance with this
20Section and rules adopted under this Section before May 15th of
21the school year. If a child in the second or sixth grade fails
22to present proof by May 15th, the school may hold the child's
23report card until one of the following occurs: (i) the child
24presents proof of a completed dental examination or (ii) the
25child presents proof that a dental examination will take place
26within 60 days after May 15th. The Department of Public Health

 

 

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1shall establish, by rule, a waiver for children who show an
2undue burden or a lack of access to a dentist. Each public,
3private, and parochial school must give notice of this dental
4examination requirement to the parents and guardians of
5students at least 60 days before May 15th of each school year.
6    (1.10) Except as otherwise provided in this Section, all
7children enrolling in kindergarten in a public, private, or
8parochial school on or after the effective date of this
9amendatory Act of the 95th General Assembly and any student
10enrolling for the first time in a public, private, or parochial
11school on or after the effective date of this amendatory Act of
12the 95th General Assembly shall have an eye examination. Each
13of these children shall present proof of having been examined
14by a physician licensed to practice medicine in all of its
15branches or a licensed optometrist within the previous year, in
16accordance with this Section and rules adopted under this
17Section, before October 15th of the school year. If the child
18fails to present proof by October 15th, the school may hold the
19child's report card until one of the following occurs: (i) the
20child presents proof of a completed eye examination or (ii) the
21child presents proof that an eye examination will take place
22within 60 days after October 15th. The Department of Public
23Health shall establish, by rule, a waiver for children who show
24an undue burden or a lack of access to a physician licensed to
25practice medicine in all of its branches who provides eye
26examinations or to a licensed optometrist. Each public,

 

 

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1private, and parochial school must give notice of this eye
2examination requirement to the parents and guardians of
3students in compliance with rules of the Department of Public
4Health. Nothing in this Section shall be construed to allow a
5school to exclude a child from attending because of a parent's
6or guardian's failure to obtain an eye examination for the
7child.
8    (2) The Department of Public Health shall promulgate rules
9and regulations specifying the examinations and procedures
10that constitute a health examination, which shall include the
11collection of data relating to obesity (including at a minimum,
12date of birth, gender, height, weight, blood pressure, and date
13of exam), and a dental examination and may recommend by rule
14that certain additional examinations be performed. The rules
15and regulations of the Department of Public Health shall
16specify that a tuberculosis skin test screening shall be
17included as a required part of each health examination included
18under this Section if the child resides in an area designated
19by the Department of Public Health as having a high incidence
20of tuberculosis. The Department of Public Health shall specify
21that a diabetes screening as defined by rule shall be included
22as a required part of each health examination. Diabetes testing
23is not required.
24    Physicians licensed to practice medicine in all of its
25branches, advanced practice nurses who have a written
26collaborative agreement with a collaborating physician which

 

 

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1authorizes them to perform health examinations, or physician
2assistants who have been delegated the performance of health
3examinations by their supervising physician shall be
4responsible for the performance of the health examinations,
5other than dental examinations, eye examinations, and vision
6and hearing screening, and shall sign all report forms required
7by subsection (4) of this Section that pertain to those
8portions of the health examination for which the physician,
9advanced practice nurse, or physician assistant is
10responsible. If a registered nurse performs any part of a
11health examination, then a physician licensed to practice
12medicine in all of its branches must review and sign all
13required report forms. Licensed dentists shall perform all
14dental examinations and shall sign all report forms required by
15subsection (4) of this Section that pertain to the dental
16examinations. Physicians licensed to practice medicine in all
17its branches or licensed optometrists shall perform all eye
18examinations required by this Section and shall sign all report
19forms required by subsection (4) of this Section that pertain
20to the eye examination. For purposes of this Section, an eye
21examination shall at a minimum include history, visual acuity,
22subjective refraction to best visual acuity near and far,
23internal and external examination, and a glaucoma evaluation,
24as well as any other tests or observations that in the
25professional judgment of the doctor are necessary. Vision and
26hearing screening tests, which shall not be considered

 

 

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1examinations as that term is used in this Section, shall be
2conducted in accordance with rules and regulations of the
3Department of Public Health, and by individuals whom the
4Department of Public Health has certified. In these rules and
5regulations, the Department of Public Health shall require that
6individuals conducting vision screening tests give a child's
7parent or guardian written notification, before the vision
8screening is conducted, that states, "Vision screening is not a
9substitute for a complete eye and vision evaluation by an eye
10doctor. Your child is not required to undergo this vision
11screening if an optometrist or ophthalmologist has completed
12and signed a report form indicating that an examination has
13been administered within the previous 12 months."
14    (3) Every child shall, at or about the same time as he or
15she receives a health examination required by subsection (1) of
16this Section, present to the local school proof of having
17received such immunizations against preventable communicable
18diseases as the Department of Public Health shall require by
19rules and regulations promulgated pursuant to this Section and
20the Communicable Disease Prevention Act.
21    (4) The individuals conducting the health examination,
22dental examination, or eye examination shall record the fact of
23having conducted the examination, and such additional
24information as required, including for a health examination
25data relating to obesity (including at a minimum, date of
26birth, gender, height, weight, blood pressure, and date of

 

 

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1exam), on uniform forms which the Department of Public Health
2and the State Board of Education shall prescribe for statewide
3use. The examiner shall summarize on the report form any
4condition that he or she suspects indicates a need for special
5services, including for a health examination factors relating
6to obesity. The individuals confirming the administration of
7required immunizations shall record as indicated on the form
8that the immunizations were administered.
9    (5) If a child does not submit proof of having had either
10the health examination or the immunization as required, then
11the child shall be examined or receive the immunization, as the
12case may be, and present proof by October 15 of the current
13school year, or by an earlier date of the current school year
14established by a school district. To establish a date before
15October 15 of the current school year for the health
16examination or immunization as required, a school district must
17give notice of the requirements of this Section 60 days prior
18to the earlier established date. If for medical reasons one or
19more of the required immunizations must be given after October
2015 of the current school year, or after an earlier established
21date of the current school year, then the child shall present,
22by October 15, or by the earlier established date, a schedule
23for the administration of the immunizations and a statement of
24the medical reasons causing the delay, both the schedule and
25the statement being issued by the physician, advanced practice
26nurse, physician assistant, registered nurse, or local health

 

 

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1department that will be responsible for administration of the
2remaining required immunizations. If a child does not comply by
3October 15, or by the earlier established date of the current
4school year, with the requirements of this subsection, then the
5local school authority shall exclude that child from school
6until such time as the child presents proof of having had the
7health examination as required and presents proof of having
8received those required immunizations which are medically
9possible to receive immediately. During a child's exclusion
10from school for noncompliance with this subsection, the child's
11parents or legal guardian shall be considered in violation of
12Section 26-1 and subject to any penalty imposed by Section
1326-10. This subsection (5) does not apply to dental
14examinations and eye examinations. Until June 30, 2015, if the
15student is an out-of-state transfer student and does not have
16the proof required under this subsection (5) before October 15
17of the current year or whatever date is set by the school
18district, then he or she may only attend classes (i) if he or
19she has proof that an appointment for the required vaccinations
20has been scheduled with a party authorized to submit proof of
21the required vaccinations. If the proof of vaccination required
22under this subsection (5) is not submitted within 30 days after
23the student is permitted to attend classes, then the student is
24not to be permitted to attend classes until proof of the
25vaccinations has been properly submitted. No school district or
26employee of a school district shall be held liable for any

 

 

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1injury or illness to another person that results from admitting
2an out-of-state transfer student to class that has an
3appointment scheduled pursuant to this subsection (5).
4    (6) Every school shall report to the State Board of
5Education by November 15, in the manner which that agency shall
6require, the number of children who have received the necessary
7immunizations and the health examination (other than a dental
8examination or eye examination) as required, indicating, of
9those who have not received the immunizations and examination
10as required, the number of children who are exempt from health
11examination and immunization requirements on religious or
12medical grounds as provided in subsection (8). Every school
13shall report to the State Board of Education by June 30, in the
14manner that the State Board requires, the number of children
15who have received the required dental examination, indicating,
16of those who have not received the required dental examination,
17the number of children who are exempt from the dental
18examination on religious grounds as provided in subsection (8)
19of this Section and the number of children who have received a
20waiver under subsection (1.5) of this Section. Every school
21shall report to the State Board of Education by June 30, in the
22manner that the State Board requires, the number of children
23who have received the required eye examination, indicating, of
24those who have not received the required eye examination, the
25number of children who are exempt from the eye examination as
26provided in subsection (8) of this Section, the number of

 

 

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1children who have received a waiver under subsection (1.10) of
2this Section, and the total number of children in noncompliance
3with the eye examination requirement. This reported
4information shall be provided to the Department of Public
5Health by the State Board of Education.
6    (7) Upon determining that the number of pupils who are
7required to be in compliance with subsection (5) of this
8Section is below 90% of the number of pupils enrolled in the
9school district, 10% of each State aid payment made pursuant to
10Section 18-8.05 to the school district for such year may be
11withheld by the State Board of Education until the number of
12students in compliance with subsection (5) is the applicable
13specified percentage or higher.
14    (8) Parents or legal guardians who object to health,
15dental, or eye examinations or any part thereof, or to
16immunizations, on religious grounds shall not be required to
17submit their children or wards to the examinations or
18immunizations to which they so object if such parents or legal
19guardians present to the appropriate local school authority a
20signed statement of objection, detailing the grounds for the
21objection. If the physical condition of the child is such that
22any one or more of the immunizing agents should not be
23administered, the examining physician, advanced practice
24nurse, or physician assistant responsible for the performance
25of the health examination shall endorse that fact upon the
26health examination form. Exempting a child from the health,

 

 

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1dental, or eye examination does not exempt the child from
2participation in the program of physical education training
3provided in Sections 27-5 through 27-7 of this Code.
4    (9) For the purposes of this Section, "nursery schools"
5means those nursery schools operated by elementary school
6systems or secondary level school units or institutions of
7higher learning.
8(Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.)