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Full Text of SB1410  99th General Assembly

SB1410enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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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 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. If the student is an
15out-of-state transfer student and does not have the proof
16required under this subsection (5) before October 15 of the
17current year or whatever date is set by the school district,
18then he or she may only attend classes (i) if he or she has
19proof that an appointment for the required vaccinations has
20been scheduled with a party authorized to submit proof of the
21required 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). On or before
13December 1 of each year, every public school district and
14registered nonpublic school shall make publicly available the
15immunization data they are required to submit to the State
16Board of Education by November 15. The immunization data made
17publicly available must be identical to the data the school
18district or school has reported to the State Board of
19Education.
20    Every school shall report to the State Board of Education
21by June 30, in the manner that the State Board requires, the
22number of children who have received the required dental
23examination, indicating, of those who have not received the
24required dental examination, the number of children who are
25exempt from the dental examination on religious grounds as
26provided in subsection (8) of this Section and the number of

 

 

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1children who have received a waiver under subsection (1.5) of
2this Section.
3    Every school shall report to the State Board of Education
4by June 30, in the manner that the State Board requires, the
5number of children who have received the required eye
6examination, indicating, of those who have not received the
7required eye examination, the number of children who are exempt
8from the eye examination as provided in subsection (8) of this
9Section, the number of children who have received a waiver
10under subsection (1.10) of this Section, and the total number
11of children in noncompliance with the eye examination
12requirement.
13    The reported information under this subsection (6) shall be
14provided to the Department of Public Health by the State Board
15of Education.
16    (7) Upon determining that the number of pupils who are
17required to be in compliance with subsection (5) of this
18Section is below 90% of the number of pupils enrolled in the
19school district, 10% of each State aid payment made pursuant to
20Section 18-8.05 to the school district for such year may be
21withheld by the State Board of Education until the number of
22students in compliance with subsection (5) is the applicable
23specified percentage or higher.
24    (8) Children of parents or legal guardians who object to
25health, dental, or eye examinations or any part thereof, to
26immunizations, or to vision and hearing screening tests on

 

 

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1religious grounds shall not be required to undergo the
2examinations, tests, or immunizations to which they so object
3if such parents or legal guardians present to the appropriate
4local school authority a signed Certificate of Religious
5Exemption detailing the grounds for objection and the specific
6immunizations, tests, or examinations to which they object. The
7grounds for objection must set forth the specific religious
8belief that conflicts with the examination, test,
9immunization, or other medical intervention. The signed
10certificate shall also reflect the parent's or legal guardian's
11understanding of the school's exclusion policies in the case of
12a vaccine-preventable disease outbreak or exposure. The
13certificate must also be signed by the authorized examining
14health care provider responsible for the performance of the
15child's health examination confirming that the provider
16provided education to the parent or legal guardian on the
17benefits of immunization and the health risks to the student
18and to the community of the communicable diseases for which
19immunization is required in this State. However, the health
20care provider's signature on the certificate reflects only that
21education was provided and does not allow a health care
22provider grounds to determine a religious exemption. Those
23receiving immunizations required under this Code shall be
24provided with the relevant vaccine information statements that
25are required to be disseminated by the federal National
26Childhood Vaccine Injury Act of 1986, which may contain

 

 

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1information on circumstances when a vaccine should not be
2administered, prior to administering a vaccine. A healthcare
3provider may consider including without limitation the
4nationally accepted recommendations from federal agencies such
5as the Advisory Committee on Immunization Practices, the
6information outlined in the relevant vaccine information
7statement, and vaccine package inserts, along with the
8healthcare provider's clinical judgment, to determine whether
9any child may be more susceptible to experiencing an adverse
10vaccine reaction than the general population, and if so, the
11healthcare provider may exempt the child from an immunization
12or adopt an individualized immunization schedule. The
13Certificate of Religious Exemption shall be created by the
14Department of Public Health and shall be made available and
15used by parents and legal guardians by the beginning of the
162015-2016 school year. Parents or legal guardians must submit
17the Certificate of Religious Exemption to their local school
18authority prior to entering kindergarten, sixth grade, and
19ninth grade for each child for which they are requesting an
20exemption. The religious objection stated need not be directed
21by the tenets of an established religious organization.
22However, general philosophical or moral reluctance to allow
23physical examinations, eye examinations, immunizations, vision
24and hearing screenings, or dental examinations does not provide
25a sufficient basis for an exception to statutory requirements.
26The local school authority is responsible for determining if

 

 

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1the content of the Certificate of Religious Exemption
2constitutes a valid religious objection. The local school
3authority shall inform the parent or legal guardian of
4exclusion procedures, in accordance with the Department's
5rules under Part 690 of Title 77 of the Illinois Administrative
6Code, at the time the objection is presented. Parents or legal
7guardians who object to health, dental, or eye examinations or
8any part thereof, or to immunizations, on religious grounds
9shall not be required to submit their children or wards to the
10examinations or immunizations to which they so object if such
11parents or legal guardians present to the appropriate local
12school authority a signed statement of objection, detailing the
13grounds for the objection.
14    If the physical condition of the child is such that any one
15or more of the immunizing agents should not be administered,
16the examining physician, advanced practice nurse, or physician
17assistant responsible for the performance of the health
18examination shall endorse that fact upon the health examination
19form.
20    Exempting a child from the health, dental, or eye
21examination does not exempt the child from participation in the
22program of physical education training provided in Sections
2327-5 through 27-7 of this Code.
24    (9) For the purposes of this Section, "nursery schools"
25means those nursery schools operated by elementary school
26systems or secondary level school units or institutions of

 

 

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1higher learning.
2(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
3eff. 6-30-14.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.