103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2286

 

Introduced 2/10/2023, by Sen. Laura Ellman

 

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

    Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination.


LRB103 27926 RJT 54304 b

 

 

A BILL FOR

 

SB2286LRB103 27926 RJT 54304 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 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,
18private, or parochial school or nursery school, each child
19shall present proof of having been examined in accordance with
20this Section and the rules and regulations promulgated
21hereunder. Any child who received a health examination within
22one year prior to entering the fifth grade for the 2007-2008
23school year is not required to receive an additional health

 

 

SB2286- 2 -LRB103 27926 RJT 54304 b

1examination in order to comply with the provisions of Public
2Act 95-422 when he or she attends school for the 2008-2009
3school year, unless the child is attending school for the
4first time as provided in this 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
12have their children undergo eye examinations at the same
13points in time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department
15of Public Health and except as otherwise provided in this
16Section, all children in kindergarten and the second, sixth,
17and ninth grades of any public, private, or parochial school
18shall have a dental examination. Each of these children shall
19present proof of having been examined by a dentist in
20accordance with this Section and rules adopted under this
21Section before May 15th of the school year. If a child in the
22second, sixth, or ninth grade fails to present proof by May
2315th, the school may hold the child's report card until one of
24the following occurs: (i) the child presents proof of a
25completed dental examination or (ii) the child presents proof
26that a dental examination will take place within 60 days after

 

 

SB2286- 3 -LRB103 27926 RJT 54304 b

1May 15th. A school may not withhold a child's report card
2during a school year in which the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act. The
5Department of Public Health shall establish, by rule, a waiver
6for children who show an undue burden or a lack of access to a
7dentist. Each public, private, and parochial school must give
8notice of this dental examination requirement to the parents
9and guardians of students at least 60 days before May 15th of
10each school year.
11    (1.10) Except as otherwise provided in this Section, all
12children enrolling in kindergarten in a public, private, or
13parochial school on or after January 1, 2008 (the effective
14date of Public Act 95-671) and any student enrolling for the
15first time in a public, private, or parochial school on or
16after January 1, 2008 (the effective date of Public Act
1795-671) shall have an eye examination. Each of these children
18shall present proof of having been examined by a physician
19licensed to practice medicine in all of its branches or a
20licensed optometrist within the previous year, in accordance
21with this Section and rules adopted under this Section, before
22October 15th of the school year. If the child fails to present
23proof by October 15th, the school may hold the child's report
24card until one of the following occurs: (i) the child presents
25proof of a completed eye examination or (ii) the child
26presents proof that an eye examination will take place within

 

 

SB2286- 4 -LRB103 27926 RJT 54304 b

160 days after October 15th. A school may not withhold a child's
2report card during a school year in which the Governor has
3declared a disaster due to a public health emergency pursuant
4to Section 7 of the Illinois Emergency Management Agency Act.
5The Department of Public Health shall establish, by rule, a
6waiver for children who show an undue burden or a lack of
7access to a physician licensed to practice medicine in all of
8its branches who provides eye examinations or to a licensed
9optometrist. Each public, private, and parochial school must
10give notice of this eye examination requirement to the parents
11and guardians of students in compliance with rules of the
12Department of Public Health. Nothing in this Section shall be
13construed to allow a school to exclude a child from attending
14because of a parent's or guardian's failure to obtain an eye
15examination for the child.
16    (2) The Department of Public Health shall promulgate rules
17and regulations specifying the examinations and procedures
18that constitute a health examination, which shall include an
19age-appropriate developmental screening, an age-appropriate
20social and emotional screening, a screening to determine risk
21of cardiac arrest, and the collection of data relating to
22asthma and obesity (including at a minimum, date of birth,
23gender, height, weight, blood pressure, and date of exam), and
24a dental examination and may recommend by rule that certain
25additional examinations be performed. The rules and
26regulations of the Department of Public Health shall specify

 

 

SB2286- 5 -LRB103 27926 RJT 54304 b

1that a tuberculosis skin test screening shall be included as a
2required part of each health examination included under this
3Section if the child resides in an area designated by the
4Department of Public Health as having a high incidence of
5tuberculosis. With respect to the developmental screening and
6the social and emotional screening, the Department of Public
7Health must, no later than January 1, 2019, develop rules and
8appropriate revisions to the Child Health Examination form in
9conjunction with a statewide organization representing school
10boards; a statewide organization representing pediatricians;
11statewide organizations representing individuals holding
12Illinois educator licenses with school support personnel
13endorsements, including school social workers, school
14psychologists, and school nurses; a statewide organization
15representing children's mental health experts; a statewide
16organization representing school principals; the Director of
17Healthcare and Family Services or his or her designee, the
18State Superintendent of Education or his or her designee; and
19representatives of other appropriate State agencies and, at a
20minimum, must recommend the use of validated screening tools
21appropriate to the child's age or grade, and, with regard to
22the social and emotional screening, require recording only
23whether or not the screening was completed. The rules shall
24take into consideration the screening recommendations of the
25American Academy of Pediatrics and must be consistent with the
26State Board of Education's social and emotional learning

 

 

SB2286- 6 -LRB103 27926 RJT 54304 b

1standards. The Department of Public Health shall specify that
2a diabetes screening as defined by rule shall be included as a
3required part of each health examination. Diabetes testing is
4not required.
5    Physicians licensed to practice medicine in all of its
6branches, licensed advanced practice registered nurses, or
7licensed physician assistants shall be responsible for the
8performance of the health examinations, other than dental
9examinations, eye examinations, and vision and hearing
10screening, and shall sign all report forms required by
11subsection (4) of this Section that pertain to those portions
12of the health examination for which the physician, advanced
13practice registered nurse, or physician assistant is
14responsible. If a registered nurse performs any part of a
15health examination, then a physician licensed to practice
16medicine in all of its branches must review and sign all
17required report forms. Licensed dentists shall perform all
18dental examinations and shall sign all report forms required
19by subsection (4) of this Section that pertain to the dental
20examinations. Physicians licensed to practice medicine in all
21its branches or licensed optometrists shall perform all eye
22examinations required by this Section and shall sign all
23report forms required by subsection (4) of this Section that
24pertain to the eye examination. For purposes of this Section,
25an eye examination shall at a minimum include history, visual
26acuity, subjective refraction to best visual acuity near and

 

 

SB2286- 7 -LRB103 27926 RJT 54304 b

1far, internal and external examination, and a glaucoma
2evaluation, as well as any other tests or observations that in
3the professional judgment of the doctor are necessary. Vision
4and hearing screening tests, which shall not be considered
5examinations as that term is used in this Section, shall be
6conducted in accordance with rules and regulations of the
7Department of Public Health, and by individuals whom the
8Department of Public Health has certified. In these rules and
9regulations, the Department of Public Health shall require
10that individuals conducting vision screening tests give a
11child's parent or guardian written notification, before the
12vision screening is conducted, that states, "Vision screening
13is not a substitute for a complete eye and vision evaluation by
14an eye doctor. Your child is not required to undergo this
15vision screening if an optometrist or ophthalmologist has
16completed and signed a report form indicating that an
17examination has been administered within the previous 12
18months.".
19    (2.5) With respect to the developmental screening and the
20social and emotional screening portion of the health
21examination, each child may present proof of having been
22screened in accordance with this Section and the rules adopted
23under this Section before October 15th of the school year.
24With regard to the social and emotional screening only, the
25examining health care provider shall only record whether or
26not the screening was completed. If the child fails to present

 

 

SB2286- 8 -LRB103 27926 RJT 54304 b

1proof of the developmental screening or the social and
2emotional screening portions of the health examination by
3October 15th of the school year, qualified school support
4personnel may, with a parent's or guardian's consent, offer
5the developmental screening or the social and emotional
6screening to the child. Each public, private, and parochial
7school must give notice of the developmental screening and
8social and emotional screening requirements to the parents and
9guardians of students in compliance with the rules of the
10Department of Public Health. Nothing in this Section shall be
11construed to allow a school to exclude a child from attending
12because of a parent's or guardian's failure to obtain a
13developmental screening or a social and emotional screening
14for the child. Once a developmental screening or a social and
15emotional screening is completed and proof has been presented
16to the school, the school may, with a parent's or guardian's
17consent, make available appropriate school personnel to work
18with the parent or guardian, the child, and the provider who
19signed the screening form to obtain any appropriate
20evaluations and services as indicated on the form and in other
21information and documentation provided by the parents,
22guardians, or provider.
23    (3) Every child shall, at or about the same time as he or
24she receives a health examination required by subsection (1)
25of this Section, present to the local school proof of having
26received such immunizations against preventable communicable

 

 

SB2286- 9 -LRB103 27926 RJT 54304 b

1diseases as the Department of Public Health shall require by
2rules and regulations promulgated pursuant to this Section and
3the Communicable Disease Prevention Act.
4    (4) The individuals conducting the health examination,
5dental examination, or eye examination shall record the fact
6of having conducted the examination, and such additional
7information as required, including for a health examination
8data relating to asthma and obesity (including at a minimum,
9date of birth, gender, height, weight, blood pressure, and
10date of exam), on uniform forms which the Department of Public
11Health and the State Board of Education shall prescribe for
12statewide use. The examiner shall summarize on the report form
13any condition that he or she suspects indicates a need for
14special services, including for a health examination factors
15relating to asthma or obesity. The duty to summarize on the
16report form does not apply to social and emotional screenings.
17The confidentiality of the information and records relating to
18the developmental screening and the social and emotional
19screening shall be determined by the statutes, rules, and
20professional ethics governing the type of provider conducting
21the screening. The individuals confirming the administration
22of required immunizations shall record as indicated on the
23form that the immunizations were administered.
24    (5) If a child does not submit proof of having had either
25the health examination or the immunization as required, then
26the child shall be examined or receive the immunization, as

 

 

SB2286- 10 -LRB103 27926 RJT 54304 b

1the case may be, and present proof by October 15 of the current
2school year, or by an earlier date of the current school year
3established by a school district. To establish a date before
4October 15 of the current school year for the health
5examination or immunization as required, a school district
6must give notice of the requirements of this Section 60 days
7prior to the earlier established date. If for medical reasons
8one or more of the required immunizations must be given after
9October 15 of the current school year, or after an earlier
10established date of the current school year, then the child
11shall present, by October 15, or by the earlier established
12date, a schedule for the administration of the immunizations
13and a statement of the medical reasons causing the delay, both
14the schedule and the statement being issued by the physician,
15advanced practice registered nurse, physician assistant,
16registered nurse, or local health department that will be
17responsible for administration of the remaining required
18immunizations. If a child does not comply by October 15, or by
19the earlier established date of the current school year, with
20the requirements of this subsection, then the local school
21authority shall exclude that child from school until such time
22as the child presents proof of having had the health
23examination as required and presents proof of having received
24those required immunizations which are medically possible to
25receive immediately. During a child's exclusion from school
26for noncompliance with this subsection, the child's parents or

 

 

SB2286- 11 -LRB103 27926 RJT 54304 b

1legal guardian shall be considered in violation of Section
226-1 and subject to any penalty imposed by Section 26-10. This
3subsection (5) does not apply to dental examinations, eye
4examinations, and the developmental screening and the social
5and emotional screening portions of the health examination. If
6the student is an out-of-state transfer student and does not
7have the proof required under this subsection (5) before
8October 15 of the current year or whatever date is set by the
9school district, then he or she may only attend classes (i) if
10he or she has proof that an appointment for the required
11vaccinations has been scheduled with a party authorized to
12submit proof of the required vaccinations. If the proof of
13vaccination required under this subsection (5) is not
14submitted within 30 days after the student is permitted to
15attend classes, then the student is not to be permitted to
16attend classes until proof of the vaccinations has been
17properly submitted. No school district or employee of a school
18district shall be held liable for any injury or illness to
19another person that results from admitting an out-of-state
20transfer student to class that has an appointment scheduled
21pursuant to this subsection (5).
22    (6) Every school shall report to the State Board of
23Education by November 15, in the manner which that agency
24shall require, the number of children who have received the
25necessary immunizations and the health examination (other than
26a dental examination or eye examination) as required,

 

 

SB2286- 12 -LRB103 27926 RJT 54304 b

1indicating, of those who have not received the immunizations
2and examination as required, the number of children who are
3exempt from health examination and immunization requirements
4on religious or medical grounds as provided in subsection (8).
5On or before December 1 of each year, every public school
6district and registered nonpublic school shall make publicly
7available the immunization data they are required to submit to
8the State Board of Education by November 15. The immunization
9data made publicly available must be identical to the data the
10school district or school has reported to the State Board of
11Education.
12    Every school shall report to the State Board of Education
13by June 30, in the manner that the State Board requires, the
14number of children who have received the required dental
15examination, indicating, of those who have not received the
16required dental examination, the number of children who are
17exempt from the dental examination on religious grounds as
18provided in subsection (8) of this Section and the number of
19children who have received a waiver under subsection (1.5) of
20this Section.
21    Every school shall report to the State Board of Education
22by June 30, in the manner that the State Board requires, the
23number of children who have received the required eye
24examination, indicating, of those who have not received the
25required eye examination, the number of children who are
26exempt from the eye examination as provided in subsection (8)

 

 

SB2286- 13 -LRB103 27926 RJT 54304 b

1of this Section, the number of children who have received a
2waiver under subsection (1.10) of this Section, and the total
3number of children in noncompliance with the eye examination
4requirement.
5    The reported information under this subsection (6) shall
6be provided to the Department of Public Health by the State
7Board of Education.
8    (7) Upon determining that the number of pupils who are
9required to be in compliance with subsection (5) of this
10Section is below 90% of the number of pupils enrolled in the
11school district, 10% of each State aid payment made pursuant
12to Section 18-8.05 or 18-8.15 to the school district for such
13year may be withheld by the State Board of Education until the
14number of students in compliance with subsection (5) is the
15applicable specified percentage or higher.
16    (8) Children of parents or legal guardians who object to
17health, dental, or eye examinations or any part thereof, to
18immunizations, or to vision and hearing screening tests on
19religious grounds shall not be required to undergo the
20examinations, tests, or immunizations to which they so object
21if such parents or legal guardians present to the appropriate
22local school authority a signed Certificate of Religious
23Exemption detailing the grounds for objection and the specific
24immunizations, tests, or examinations to which they object.
25The grounds for objection must set forth the specific
26religious belief that conflicts with the examination, test,

 

 

SB2286- 14 -LRB103 27926 RJT 54304 b

1immunization, or other medical intervention. The signed
2certificate shall also reflect the parent's or legal
3guardian's understanding of the school's exclusion policies in
4the case of a vaccine-preventable disease outbreak or
5exposure. The certificate must also be signed by the
6authorized examining health care provider responsible for the
7performance of the child's health examination confirming that
8the provider provided education to the parent or legal
9guardian on the benefits of immunization and the health risks
10to the student and to the community of the communicable
11diseases for which immunization is required in this State.
12However, the health care provider's signature on the
13certificate reflects only that education was provided and does
14not allow a health care provider grounds to determine a
15religious exemption. Those receiving immunizations required
16under this Code shall be provided with the relevant vaccine
17information statements that are required to be disseminated by
18the federal National Childhood Vaccine Injury Act of 1986,
19which may contain information on circumstances when a vaccine
20should not be administered, prior to administering a vaccine.
21A healthcare provider may consider including without
22limitation the nationally accepted recommendations from
23federal agencies such as the Advisory Committee on
24Immunization Practices, the information outlined in the
25relevant vaccine information statement, and vaccine package
26inserts, along with the healthcare provider's clinical

 

 

SB2286- 15 -LRB103 27926 RJT 54304 b

1judgment, to determine whether any child may be more
2susceptible to experiencing an adverse vaccine reaction than
3the general population, and, if so, the healthcare provider
4may exempt the child from an immunization or adopt an
5individualized immunization schedule. The Certificate of
6Religious Exemption shall be created by the Department of
7Public Health and shall be made available and used by parents
8and legal guardians by the beginning of the 2015-2016 school
9year. Parents or legal guardians must submit the Certificate
10of Religious Exemption to their local school authority prior
11to entering kindergarten, sixth grade, and ninth grade for
12each child for which they are requesting an exemption. The
13religious objection stated need not be directed by the tenets
14of an established religious organization. However, general
15philosophical or moral reluctance to allow physical
16examinations, eye examinations, immunizations, vision and
17hearing screenings, or dental examinations does not provide a
18sufficient basis for an exception to statutory requirements.
19The local school authority is responsible for determining if
20the content of the Certificate of Religious Exemption
21constitutes a valid religious objection. The local school
22authority shall inform the parent or legal guardian of
23exclusion procedures, in accordance with the Department's
24rules under Part 690 of Title 77 of the Illinois
25Administrative Code, at the time the objection is presented.
26    If the physical condition of the child is such that any one

 

 

SB2286- 16 -LRB103 27926 RJT 54304 b

1or more of the immunizing agents should not be administered,
2the examining physician, advanced practice registered nurse,
3or physician assistant responsible for the performance of the
4health examination shall endorse that fact upon the health
5examination form.
6    Exempting a child from the health, dental, or eye
7examination does not exempt the child from participation in
8the program of physical education training provided in
9Sections 27-5 through 27-7 of this Code.
10    (8.5) The school board of a school district shall include
11informational materials regarding influenza and influenza
12vaccinations and meningococcal disease and meningococcal
13vaccinations developed, provided, or approved by the
14Department of Public Health under Section 2310-700 of the
15Department of Public Health Powers and Duties Law of the Civil
16Administrative Code of Illinois when the board provides
17information on immunizations, infectious diseases,
18medications, or other school health issues to the parents or
19guardians of students.
20    (9) For the purposes of this Section, "nursery schools"
21means those nursery schools operated by elementary school
22systems or secondary level school units or institutions of
23higher learning.
24(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
25100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
268-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,

 

 

SB2286- 17 -LRB103 27926 RJT 54304 b

1eff. 7-12-19; 101-643, eff. 6-18-20.)