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91_HB1643
LRB9104959NTsb
1 AN ACT to amend the School Code by changing Section
2 27-8.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 27-8.1 as follows:
7 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
8 Sec. 27-8.1. Health examinations and immunizations.
9 (1) In compliance with rules and regulations which the
10 Department of Public Health shall promulgate, and except as
11 hereinafter provided, all children in Illinois shall have a
12 health examination as follows: within one year prior to
13 entering kindergarten or the first grade of any public,
14 private, or parochial elementary school; each year upon
15 entering any grade the fifth and ninth grades of any public,
16 private, or parochial school; and prior to entrance into any
17 public, private, or parochial nursery school; and,
18 irrespective of grade, immediately prior to or upon entrance
19 into any public, private, or parochial school or nursery
20 school, each child shall present proof of having been
21 examined in accordance with this Section and the rules and
22 regulations promulgated hereunder.
23 A tuberculosis skin test screening shall be included as a
24 required part of each health examination included under this
25 Section if the child resides in an area designated by the
26 Department of Public Health as having a high incidence of
27 tuberculosis. Additional health examinations of pupils,
28 including dental and vision examinations, may be required
29 when deemed necessary by school authorities. Parents are
30 encouraged to have their Children shall undergo dental
31 examinations at the same points in time required for health
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1 examinations.
2 (2) The Department of Public Health shall promulgate
3 rules and regulations specifying the examinations and
4 procedures that constitute a health examination and may
5 recommend by rule that certain additional examinations be
6 performed. The rules and regulations of the Department of
7 Public Health shall specify that a tuberculosis skin test
8 screening shall be included as a required part of each health
9 examination included under this Section if the child resides
10 in an area designated by the Department of Public Health as
11 having a high incidence of tuberculosis.
12 Physicians licensed to practice medicine in all of its
13 branches shall be responsible for the performance of the
14 health examinations, other than dental examinations and
15 vision and hearing screening, and shall sign all report forms
16 required by subsection (4) of this Section that pertain to
17 those portions of the health examination for which the
18 physician is responsible. If a registered nurse performs any
19 part of a health examination, then a physician licensed to
20 practice medicine in all of its branches must review and sign
21 all required report forms. Licensed dentists shall perform
22 all dental examinations and shall sign all report forms
23 required by subsection (4) of this Section that pertain to
24 the dental examinations. Physicians licensed to practice
25 medicine in all its branches, or licensed optometrists, shall
26 perform all vision exams required by school authorities and
27 shall sign all report forms required by subsection (4) of
28 this Section that pertain to the vision exam. Vision and
29 hearing screening tests, which shall not be considered
30 examinations as that term is used in this Section, shall be
31 conducted in accordance with rules and regulations of the
32 Department of Public Health, and by individuals whom the
33 Department of Public Health has certified.
34 (3) Every child shall, at or about the same time as he
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1 or she receives a health examination required by subsection
2 (1) of this Section, present to the local school, proof of
3 having received such immunizations against preventable
4 communicable diseases as the Department of Public Health
5 shall require by rules and regulations promulgated pursuant
6 to this Section and the Communicable Disease Prevention Act.
7 (4) The individuals conducting the health examination
8 shall record the fact of having conducted the examination,
9 and such additional information as required, on uniform forms
10 which the Department of Public Health and the State Board of
11 Education shall prescribe for statewide use. The examiner
12 shall summarize on the report form any condition that he or
13 she suspects indicates a need for special services. The
14 individuals confirming the administration of required
15 immunizations shall record as indicated on the form that the
16 immunizations were administered.
17 (5) If a child does not submit proof of having had
18 either the health examination, the dental examination, or the
19 immunization as required, then the child shall be examined or
20 receive the immunization, as the case may be, and present
21 proof by October 15 of the current school year, or by an
22 earlier date of the current school year established by a
23 school district. To establish a date before October 15 of
24 the current school year for the health examination, dental
25 examination, or immunization as required, a school district
26 must give notice of the requirements of this Section 60 days
27 prior to the earlier established date. If for medical
28 reasons one or more of the required immunizations must be
29 given after October 15 of the current school year, or after
30 an earlier established date of the current school year, then
31 the child shall present, by October 15, or by the earlier
32 established date, a schedule for the administration of the
33 immunizations and a statement of the medical reasons causing
34 the delay, both the schedule and the statement being issued
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1 by the physician, registered nurse, or local health
2 department that will be responsible for administration of the
3 remaining required immunizations. If a child does not comply
4 by October 15, or by the earlier established date of the
5 current school year, with the requirements of this
6 subsection, then the local school authority shall exclude
7 that child from school until such time as the child presents
8 proof of having had the health examination and dental
9 examination as required and presents proof of having received
10 those required immunizations which are medically possible to
11 receive immediately. During a child's exclusion from school
12 for noncompliance with this subsection, the child's parents
13 or legal guardian shall be considered in violation of Section
14 26-1 and subject to any penalty imposed by Section 26-10.
15 (6) Every school shall report to the State Board of
16 Education by November 15, in the manner which that agency
17 shall require, the number of children who have received the
18 necessary immunizations, and the health examination, and the
19 dental examination as required, indicating, of those who have
20 not received the immunizations and examinations examination
21 as required, the number of children who are exempt from
22 health examination, dental examination, and immunization
23 requirements on religious or medical grounds as provided in
24 subsection (8). This reported information shall be provided
25 to the Department of Public Health by the State Board of
26 Education.
27 (7) Upon determining that the number of pupils who are
28 required to be in compliance with subsection (5) of this
29 Section is below 90% of the number of pupils enrolled in the
30 school district, 10% of each State aid payment made pursuant
31 to Section 18-8.05 18-8 to the school district for such year
32 shall be withheld by the regional superintendent until the
33 number of students in compliance with subsection (5) is the
34 applicable specified percentage or higher.
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1 (8) Children whose Parents or legal guardians who object
2 to health examinations or any part thereof, to dental
3 examinations, or to immunizations, on religious grounds shall
4 not be required to submit their children or wards to the
5 examinations or immunizations to which they so object if such
6 parents or legal guardians present to the appropriate local
7 school authority a signed statement of objection, detailing
8 the grounds for the objection. If the physical condition of
9 the child is such that any one or more of the immunizing
10 agents should not be administered, the examining physician
11 responsible for the performance of the health examination
12 shall endorse that fact upon the health examination form.
13 Exempting a child from the health examination does not exempt
14 the child from participation in the program of physical
15 education training provided in Sections 27-5 through 27-7 of
16 this Code.
17 (9) For the purposes of this Section, "nursery schools"
18 means those nursery schools operated by elementary school
19 systems or secondary level school units or institutions of
20 higher learning.
21 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
22 8-9-96; revised 3-10-98.)