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Full Text of SB1410  99th General Assembly

SB1410sam001 99TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1410

2    AMENDMENT NO. ______. Amend Senate Bill 1410 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1immediately prior to or upon entrance into any public, private,
2or parochial school or nursery school, each child shall present
3proof of having been examined in accordance with this Section
4and the rules and regulations promulgated hereunder. Any child
5who received a health examination within one year prior to
6entering the fifth grade for the 2007-2008 school year is not
7required to receive an additional health examination in order
8to comply with the provisions of Public Act 95-422 when he or
9she attends school for the 2008-2009 school year, unless the
10child is attending school for the first time as provided in
11this paragraph.
12    A tuberculosis skin test screening shall be included as a
13required part of each health examination included under this
14Section if the child resides in an area designated by the
15Department of Public Health as having a high incidence of
16tuberculosis. Additional health examinations of pupils,
17including eye examinations, may be required when deemed
18necessary by school authorities. Parents are encouraged to have
19their children undergo eye examinations at the same points in
20time required for health examinations.
21    (1.5) In compliance with rules adopted by the Department of
22Public Health and except as otherwise provided in this Section,
23all children in kindergarten and the second and sixth grades of
24any public, private, or parochial school shall have a dental
25examination. Each of these children shall present proof of
26having been examined by a dentist in accordance with this

 

 

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

 

 

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1child presents proof of a completed eye examination or (ii) the
2child presents proof that an eye examination will take place
3within 60 days after October 15th. The Department of Public
4Health shall establish, by rule, a waiver for children who show
5an undue burden or a lack of access to a physician licensed to
6practice medicine in all of its branches who provides eye
7examinations or to a licensed optometrist. Each public,
8private, and parochial school must give notice of this eye
9examination requirement to the parents and guardians of
10students in compliance with rules of the Department of Public
11Health. Nothing in this Section shall be construed to allow a
12school to exclude a child from attending because of a parent's
13or guardian's failure to obtain an eye examination for the
14child.
15    (2) The Department of Public Health shall promulgate rules
16and regulations specifying the examinations and procedures
17that constitute a health examination, which shall include the
18collection of data relating to obesity (including at a minimum,
19date of birth, gender, height, weight, blood pressure, and date
20of exam), and a dental examination and may recommend by rule
21that certain additional examinations be performed. The rules
22and regulations of the Department of Public Health shall
23specify that a tuberculosis skin test screening shall be
24included as a required part of each health examination included
25under this Section if the child resides in an area designated
26by the Department of Public Health as having a high incidence

 

 

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1of tuberculosis. The Department of Public Health shall specify
2that a diabetes screening as defined by rule shall be included
3as a required part of each health examination. Diabetes testing
4is not required.
5    Physicians licensed to practice medicine in all of its
6branches, advanced practice nurses who have a written
7collaborative agreement with a collaborating physician which
8authorizes them to perform health examinations, or physician
9assistants who have been delegated the performance of health
10examinations by their supervising physician shall be
11responsible for the performance of the health examinations,
12other than dental examinations, eye examinations, and vision
13and hearing screening, and shall sign all report forms required
14by subsection (4) of this Section that pertain to those
15portions of the health examination for which the physician,
16advanced practice nurse, or physician assistant is
17responsible. If a registered nurse performs any part of a
18health examination, then a physician licensed to practice
19medicine in all of its branches must review and sign all
20required report forms. Licensed dentists shall perform all
21dental examinations and shall sign all report forms required by
22subsection (4) of this Section that pertain to the dental
23examinations. Physicians licensed to practice medicine in all
24its branches or licensed optometrists shall perform all eye
25examinations required by this Section and shall sign all report
26forms required by subsection (4) of this Section that pertain

 

 

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1to the eye examination. For purposes of this Section, an eye
2examination shall at a minimum include history, visual acuity,
3subjective refraction to best visual acuity near and far,
4internal and external examination, and a glaucoma evaluation,
5as well as any other tests or observations that in the
6professional judgment of the doctor are necessary. Vision and
7hearing screening tests, which shall not be considered
8examinations as that term is used in this Section, shall be
9conducted in accordance with rules and regulations of the
10Department of Public Health, and by individuals whom the
11Department of Public Health has certified. In these rules and
12regulations, the Department of Public Health shall require that
13individuals conducting vision screening tests give a child's
14parent or guardian written notification, before the vision
15screening is conducted, that states, "Vision screening is not a
16substitute for a complete eye and vision evaluation by an eye
17doctor. Your child is not required to undergo this vision
18screening if an optometrist or ophthalmologist has completed
19and signed a report form indicating that an examination has
20been administered within the previous 12 months."
21    (3) Every child shall, at or about the same time as he or
22she receives a health examination required by subsection (1) of
23this Section, present to the local school proof of having
24received such immunizations against preventable communicable
25diseases as the Department of Public Health shall require by
26rules and regulations promulgated pursuant to this Section and

 

 

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1the Communicable Disease Prevention Act.
2    (4) The individuals conducting the health examination,
3dental examination, or eye examination shall record the fact of
4having conducted the examination, and such additional
5information as required, including for a health examination
6data relating to obesity (including at a minimum, date of
7birth, gender, height, weight, blood pressure, and date of
8exam), on uniform forms which the Department of Public Health
9and the State Board of Education shall prescribe for statewide
10use. The examiner shall summarize on the report form any
11condition that he or she suspects indicates a need for special
12services, including for a health examination factors relating
13to obesity. The individuals confirming the administration of
14required immunizations shall record as indicated on the form
15that the immunizations were administered.
16    (5) If a child does not submit proof of having had either
17the health examination or the immunization as required, then
18the child shall be examined or receive the immunization, as the
19case may be, and present proof by October 15 of the current
20school year, or by an earlier date of the current school year
21established by a school district. To establish a date before
22October 15 of the current school year for the health
23examination or immunization as required, a school district must
24give notice of the requirements of this Section 60 days prior
25to the earlier established date. If for medical reasons one or
26more of the required immunizations must be given after October

 

 

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115 of the current school year, or after an earlier established
2date of the current school year, then the child shall present,
3by October 15, or by the earlier established date, a schedule
4for the administration of the immunizations and a statement of
5the medical reasons causing the delay, both the schedule and
6the statement being issued by the physician, advanced practice
7nurse, physician assistant, registered nurse, or local health
8department that will be responsible for administration of the
9remaining required immunizations. If a child does not comply by
10October 15, or by the earlier established date of the current
11school year, with the requirements of this subsection, then the
12local school authority shall exclude that child from school
13until such time as the child presents proof of having had the
14health examination as required and presents proof of having
15received those required immunizations which are medically
16possible to receive immediately. During a child's exclusion
17from school for noncompliance with this subsection, the child's
18parents or legal guardian shall be considered in violation of
19Section 26-1 and subject to any penalty imposed by Section
2026-10. This subsection (5) does not apply to dental
21examinations and eye examinations. If the student is an
22out-of-state transfer student and does not have the proof
23required under this subsection (5) before October 15 of the
24current year or whatever date is set by the school district,
25then he or she may only attend classes (i) if he or she has
26proof that an appointment for the required vaccinations has

 

 

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1been scheduled with a party authorized to submit proof of the
2required vaccinations. If the proof of vaccination required
3under this subsection (5) is not submitted within 30 days after
4the student is permitted to attend classes, then the student is
5not to be permitted to attend classes until proof of the
6vaccinations has been properly submitted. No school district or
7employee of a school district shall be held liable for any
8injury or illness to another person that results from admitting
9an out-of-state transfer student to class that has an
10appointment scheduled pursuant to this subsection (5).
11    (6) Every school shall report to the State Board of
12Education by November 15, in the manner which that agency shall
13require, the number of children who have received the necessary
14immunizations and the health examination (other than a dental
15examination or eye examination) as required, indicating, of
16those who have not received the immunizations and examination
17as required, the number of children who are exempt from health
18examination and immunization requirements on religious or
19medical grounds as provided in subsection (8). On or before
20December 1 of each year, every public school district and
21registered nonpublic school shall make publicly available the
22immunization data they are required to submit to the State
23Board of Education by November 15. The immunization data made
24publicly available must be identical to the data the school
25district or school has reported to the State Board of
26Education.

 

 

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1    Every school shall report to the State Board of Education
2by June 30, in the manner that the State Board requires, the
3number of children who have received the required dental
4examination, indicating, of those who have not received the
5required dental examination, the number of children who are
6exempt from the dental examination on religious grounds as
7provided in subsection (8) of this Section and the number of
8children who have received a waiver under subsection (1.5) of
9this Section.
10    Every school shall report to the State Board of Education
11by June 30, in the manner that the State Board requires, the
12number of children who have received the required eye
13examination, indicating, of those who have not received the
14required eye examination, the number of children who are exempt
15from the eye examination as provided in subsection (8) of this
16Section, the number of children who have received a waiver
17under subsection (1.10) of this Section, and the total number
18of children in noncompliance with the eye examination
19requirement.
20    The reported information under this subsection (6) shall be
21provided to the Department of Public Health by the State Board
22of Education.
23    (7) Upon determining that the number of pupils who are
24required to be in compliance with subsection (5) of this
25Section is below 90% of the number of pupils enrolled in the
26school district, 10% of each State aid payment made pursuant to

 

 

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1Section 18-8.05 to the school district for such year may be
2withheld by the State Board of Education until the number of
3students in compliance with subsection (5) is the applicable
4specified percentage or higher.
5    (8) Children of parents or legal guardians who object to
6health, dental, or eye examinations or any part thereof, to
7immunizations, or to vision and hearing screening tests on
8religious grounds shall not be required to undergo the
9examinations, tests, or immunizations to which they so object
10if such parents or legal guardians present to the appropriate
11local school authority a signed Certificate of Religious
12Exemption detailing the grounds for objection and the specific
13immunizations, tests, or examinations to which they object. The
14grounds for objection must set forth the specific religious
15belief that conflicts with the examination, test,
16immunization, or other medical intervention. The signed
17certificate shall also reflect the parent's or legal guardian's
18understanding of the school's exclusion policies in the case of
19a vaccine-preventable disease outbreak or exposure. The
20certificate must also be signed by the authorized examining
21health care provider responsible for the performance of the
22child's health examination confirming that the provider
23provided education to the parent or legal guardian on the
24benefits of immunization and the health risks to the student
25and to the community of the communicable diseases for which
26immunization is required in this State. The Certificate of

 

 

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1Religious Exemption shall be created by the Department of
2Public Health and shall be made available and used by parents
3and legal guardians by the beginning of the 2015-2016 school
4year. Parents or legal guardians must submit the Certificate of
5Religious Exemption to their local school authority annually
6for each child for which they are requesting an exemption. The
7religious objection stated need not be directed by the tenets
8of an established religious organization. However, general
9philosophical or moral reluctance to allow physical
10examinations, eye examinations, immunizations, vision and
11hearing screenings, or dental examinations does not provide a
12sufficient basis for an exception to statutory requirements.
13The local school authority is responsible for determining if
14the content of the Certificate of Religious Exemption
15constitutes a valid religious objection. The local school
16authority shall inform the parent or legal guardian of
17exclusion procedures, in accordance with the Department's
18rules under Part 690 of Title 77 of the Illinois Administrative
19Code, at the time the objection is presented. Parents or legal
20guardians who object to health, dental, or eye examinations or
21any part thereof, or to immunizations, on religious grounds
22shall not be required to submit their children or wards to the
23examinations or immunizations to which they so object if such
24parents or legal guardians present to the appropriate local
25school authority a signed statement of objection, detailing the
26grounds for the objection.

 

 

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1    If the physical condition of the child is such that any one
2or more of the immunizing agents should not be administered,
3the examining physician, advanced practice nurse, or physician
4assistant responsible for the performance of the health
5examination shall endorse that fact upon the health examination
6form.
7    Exempting a child from the health, dental, or eye
8examination does not exempt the child from participation in the
9program of physical education training provided in Sections
1027-5 through 27-7 of this Code.
11    (9) For the purposes of this Section, "nursery schools"
12means those nursery schools operated by elementary school
13systems or secondary level school units or institutions of
14higher learning.
15(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
16eff. 6-30-14.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".