[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3345
LRB9110532NTsb
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; upon entering the
15 fifth and ninth grades of any public, private, or parochial
16 school; prior to entrance into any public, private, or
17 parochial nursery school; and, irrespective of grade,
18 immediately prior to or upon entrance into any public,
19 private, or parochial school or nursery school, each child
20 shall present proof of having been examined in accordance
21 with this Section and the rules and regulations promulgated
22 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 undergo dental examinations
31 at the same points in time required for health examinations.
-2- LRB9110532NTsb
1 A vision examination provided by or at a public, private,
2 or parochial school or by an entity with which the school has
3 contracted to perform vision examinations shall be performed
4 only after school authorities have notified a child's parents
5 or legal guardian at least twice about the need to have the
6 child's vision examined and the parents or legal guardian
7 have failed to have the child's vision examined within 30
8 days after the second notice. An entity that contracts with
9 a public, private, or parochial school to perform vision
10 examinations shall demonstrate to school authorities that its
11 vision examination program complies with all applicable
12 federal and State laws.
13 (2) The Department of Public Health shall promulgate
14 rules and regulations specifying the examinations and
15 procedures that constitute a health examination and may
16 recommend by rule that certain additional examinations be
17 performed. The rules and regulations of the Department of
18 Public Health shall specify that a tuberculosis skin test
19 screening shall be included as a required part of each health
20 examination included under this Section if the child resides
21 in an area designated by the Department of Public Health as
22 having a high incidence of tuberculosis.
23 Physicians licensed to practice medicine in all of its
24 branches shall be responsible for the performance of the
25 health examinations, other than dental examinations and
26 vision and hearing screening, and shall sign all report forms
27 required by subsection (4) of this Section that pertain to
28 those portions of the health examination for which the
29 physician is responsible. If a registered nurse performs any
30 part of a health examination, then a physician licensed to
31 practice medicine in all of its branches must review and sign
32 all required report forms. Licensed dentists shall perform
33 all dental examinations and shall sign all report forms
34 required by subsection (4) of this Section that pertain to
-3- LRB9110532NTsb
1 the dental examinations. Physicians licensed to practice
2 medicine in all its branches, or licensed optometrists, shall
3 perform all vision exams required by school authorities and
4 shall sign all report forms required by subsection (4) of
5 this Section that pertain to the vision exam. Vision and
6 hearing screening tests, which shall not be considered
7 examinations as that term is used in this Section, shall be
8 conducted in accordance with rules and regulations of the
9 Department of Public Health, and by individuals whom the
10 Department of Public Health has certified.
11 (3) Every child shall, at or about the same time as he
12 or she receives a health examination required by subsection
13 (1) of this Section, present to the local school proof of
14 having received such immunizations against preventable
15 communicable diseases as the Department of Public Health
16 shall require by rules and regulations promulgated pursuant
17 to this Section and the Communicable Disease Prevention Act.
18 (4) The individuals conducting the health examination
19 shall record the fact of having conducted the examination,
20 and such additional information as required, on uniform forms
21 which the Department of Public Health and the State Board of
22 Education shall prescribe for statewide use. The examiner
23 shall summarize on the report form any condition that he or
24 she suspects indicates a need for special services. The
25 individuals confirming the administration of required
26 immunizations shall record as indicated on the form that the
27 immunizations were administered.
28 (5) If a child does not submit proof of having had
29 either the health examination or the immunization as
30 required, then the child shall be examined or receive the
31 immunization, as the case may be, and present proof by
32 October 15 of the current school year, or by an earlier date
33 of the current school year established by a school district.
34 To establish a date before October 15 of the current school
-4- LRB9110532NTsb
1 year for the health examination or immunization as required,
2 a school district must give notice of the requirements of
3 this Section 60 days prior to the earlier established date.
4 If for medical reasons one or more of the required
5 immunizations must be given after October 15 of the current
6 school year, or after an earlier established date of the
7 current school year, then the child shall present, by October
8 15, or by the earlier established date, a schedule for the
9 administration of the immunizations and a statement of the
10 medical reasons causing the delay, both the schedule and the
11 statement being issued by the physician, registered nurse, or
12 local health department that will be responsible for
13 administration of the remaining required immunizations. If a
14 child does not comply by October 15, or by the earlier
15 established date of the current school year, with the
16 requirements of this subsection, then the local school
17 authority shall exclude that child from school until such
18 time as the child presents proof of having had the health
19 examination as required and presents proof of having received
20 those required immunizations which are medically possible to
21 receive immediately. During a child's exclusion from school
22 for noncompliance with this subsection, the child's parents
23 or legal guardian shall be considered in violation of Section
24 26-1 and subject to any penalty imposed by Section 26-10.
25 (6) Every school shall report to the State Board of
26 Education by November 15, in the manner which that agency
27 shall require, the number of children who have received the
28 necessary immunizations and the health examination as
29 required, indicating, of those who have not received the
30 immunizations and examination as required, the number of
31 children who are exempt from health examination and
32 immunization requirements on religious or medical grounds as
33 provided in subsection (8). This reported information shall
34 be provided to the Department of Public Health by the State
-5- LRB9110532NTsb
1 Board of Education.
2 (7) Upon determining that the number of pupils who are
3 required to be in compliance with subsection (5) of this
4 Section is below 90% of the number of pupils enrolled in the
5 school district, 10% of each State aid payment made pursuant
6 to Section 18-8.05 18-8 to the school district for such year
7 shall be withheld by the regional superintendent until the
8 number of students in compliance with subsection (5) is the
9 applicable specified percentage or higher.
10 (8) Parents or legal guardians who object to health
11 examinations or any part thereof, or to immunizations, on
12 religious grounds shall not be required to submit their
13 children or wards to the examinations or immunizations to
14 which they so object if such parents or legal guardians
15 present to the appropriate local school authority a signed
16 statement of objection, detailing the grounds for the
17 objection. If the physical condition of the child is such
18 that any one or more of the immunizing agents should not be
19 administered, the examining physician responsible for the
20 performance of the health examination shall endorse that fact
21 upon the health examination form. Exempting a child from the
22 health examination does not exempt the child from
23 participation in the program of physical education training
24 provided in Sections 27-5 through 27-7 of this Code.
25 (9) For the purposes of this Section, "nursery schools"
26 means those nursery schools operated by elementary school
27 systems or secondary level school units or institutions of
28 higher learning.
29 (Source: P.A. 91-357, eff. 7-29-99.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.