Sen. Kimberly A. Lightford

Filed: 4/6/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 565

2    AMENDMENT NO. ______. Amend Senate Bill 565 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
18social and emotional screening and the collection of data
19relating to obesity (including at a minimum, date of birth,
20gender, height, weight, blood pressure, and date of exam), and
21a dental examination and may recommend by rule that certain
22additional examinations be performed. The rules and
23regulations of the Department of Public Health shall specify
24that a tuberculosis skin test screening shall be included as a
25required part of each health examination included under this
26Section if the child resides in an area designated by the

 

 

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1Department of Public Health as having a high incidence of
2tuberculosis. With respect to social and emotional screening,
3the rules shall, at a minimum, recommend the use of the Ages
4and Stages Questionnaire and the Pediatric Symptom Checklist,
5shall provide that social and emotional screeners are not
6intended to replace or duplicate healthcare systems conducting
7screening and anticipatory guidance consistent with
8recommendations of the American Academy of Pediatrics, and must
9be consistent with the State Board of Education's social and
10emotional learning standards. The Department of Public Health
11shall specify that a diabetes screening as defined by rule
12shall be included as a required part of each health
13examination. Diabetes testing is not required.
14    Physicians licensed to practice medicine in all of its
15branches, advanced practice nurses who have a written
16collaborative agreement with a collaborating physician which
17authorizes them to perform health examinations, or physician
18assistants who have been delegated the performance of health
19examinations by their supervising physician shall be
20responsible for the performance of the health examinations,
21other than dental examinations, eye examinations, and vision
22and hearing screening, and shall sign all report forms required
23by subsection (4) of this Section that pertain to those
24portions of the health examination for which the physician,
25advanced practice nurse, or physician assistant is
26responsible. If a registered nurse performs any part of a

 

 

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1health examination, then a physician licensed to practice
2medicine in all of its branches must review and sign all
3required report forms. Licensed dentists shall perform all
4dental examinations and shall sign all report forms required by
5subsection (4) of this Section that pertain to the dental
6examinations. Physicians licensed to practice medicine in all
7its branches or licensed optometrists shall perform all eye
8examinations required by this Section and shall sign all report
9forms required by subsection (4) of this Section that pertain
10to the eye examination. For purposes of this Section, an eye
11examination shall at a minimum include history, visual acuity,
12subjective refraction to best visual acuity near and far,
13internal and external examination, and a glaucoma evaluation,
14as well as any other tests or observations that in the
15professional judgment of the doctor are necessary. Vision and
16hearing screening tests, which shall not be considered
17examinations as that term is used in this Section, shall be
18conducted in accordance with rules and regulations of the
19Department of Public Health, and by individuals whom the
20Department of Public Health has certified. In these rules and
21regulations, the Department of Public Health shall require that
22individuals conducting vision screening tests give a child's
23parent or guardian written notification, before the vision
24screening is conducted, that states, "Vision screening is not a
25substitute for a complete eye and vision evaluation by an eye
26doctor. Your child is not required to undergo this vision

 

 

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1screening if an optometrist or ophthalmologist has completed
2and signed a report form indicating that an examination has
3been administered within the previous 12 months."
4    (3) Every child shall, at or about the same time as he or
5she receives a health examination required by subsection (1) of
6this Section, present to the local school proof of having
7received such immunizations against preventable communicable
8diseases as the Department of Public Health shall require by
9rules and regulations promulgated pursuant to this Section and
10the Communicable Disease Prevention Act.
11    (4) The individuals conducting the health examination,
12dental examination, or eye examination shall record the fact of
13having conducted the examination, and such additional
14information as required, including for a health examination
15data relating to obesity (including at a minimum, date of
16birth, gender, height, weight, blood pressure, and date of
17exam), on uniform forms which the Department of Public Health
18and the State Board of Education shall prescribe for statewide
19use. The examiner shall summarize on the report form any
20condition that he or she suspects indicates a need for special
21services, including for a health examination factors relating
22to social and emotional functioning and obesity. The
23individuals confirming the administration of required
24immunizations shall record as indicated on the form that the
25immunizations were administered.
26    (5) If a child does not submit proof of having had either

 

 

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1the health examination or the immunization as required, then
2the child shall be examined or receive the immunization, as the
3case may be, and present proof by October 15 of the current
4school year, or by an earlier date of the current school year
5established by a school district. To establish a date before
6October 15 of the current school year for the health
7examination or immunization as required, a school district must
8give notice of the requirements of this Section 60 days prior
9to the earlier established date. If for medical reasons one or
10more of the required immunizations must be given after October
1115 of the current school year, or after an earlier established
12date of the current school year, then the child shall present,
13by October 15, or by the earlier established date, a schedule
14for the administration of the immunizations and a statement of
15the medical reasons causing the delay, both the schedule and
16the statement being issued by the physician, advanced practice
17nurse, physician assistant, registered nurse, or local health
18department that will be responsible for administration of the
19remaining required immunizations. If a child does not comply by
20October 15, or by the earlier established date of the current
21school year, with the requirements of this subsection, then the
22local school authority shall exclude that child from school
23until such time as the child presents proof of having had the
24health examination as required and presents proof of having
25received those required immunizations which are medically
26possible to receive immediately. During a child's exclusion

 

 

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1from school for noncompliance with this subsection, the child's
2parents or legal guardian shall be considered in violation of
3Section 26-1 and subject to any penalty imposed by Section
426-10. This subsection (5) does not apply to dental
5examinations and eye examinations. If the student is an
6out-of-state transfer student and does not have the proof
7required under this subsection (5) before October 15 of the
8current year or whatever date is set by the school district,
9then he or she may only attend classes (i) if he or she has
10proof that an appointment for the required vaccinations has
11been scheduled with a party authorized to submit proof of the
12required vaccinations. If the proof of vaccination required
13under this subsection (5) is not submitted within 30 days after
14the student is permitted to attend classes, then the student is
15not to be permitted to attend classes until proof of the
16vaccinations has been properly submitted. No school district or
17employee of a school district shall be held liable for any
18injury or illness to another person that results from admitting
19an out-of-state transfer student to class that has an
20appointment scheduled pursuant to this subsection (5).
21    (6) Every school shall report to the State Board of
22Education by November 15, in the manner which that agency shall
23require, the number of children who have received the necessary
24immunizations and the health examination (other than a dental
25examination or eye examination) as required, indicating, of
26those who have not received the immunizations and examination

 

 

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

 

 

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1under subsection (1.10) of this Section, and the total number
2of children in noncompliance with the eye examination
3requirement.
4    The reported information under this subsection (6) shall be
5provided to the Department of Public Health by the State Board
6of Education.
7    (7) Upon determining that the number of pupils who are
8required to be in compliance with subsection (5) of this
9Section is below 90% of the number of pupils enrolled in the
10school district, 10% of each State aid payment made pursuant to
11Section 18-8.05 to the school district for such year may be
12withheld by the State Board of Education until the number of
13students in compliance with subsection (5) is the applicable
14specified percentage or higher.
15    (8) Parents or legal guardians who object to health,
16dental, or eye examinations or any part thereof, or to
17immunizations, on religious grounds shall not be required to
18submit their children or wards to the examinations or
19immunizations to which they so object if such parents or legal
20guardians present to the appropriate local school authority a
21signed statement of objection, detailing the grounds for the
22objection. If the physical condition of the child is such that
23any one or more of the immunizing agents should not be
24administered, the examining physician, advanced practice
25nurse, or physician assistant responsible for the performance
26of the health examination shall endorse that fact upon the

 

 

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1health examination form. Exempting a child from the health,
2dental, or eye examination does not exempt the child from
3participation in the program of physical education training
4provided in Sections 27-5 through 27-7 of this Code.
5    (9) For the purposes of this Section, "nursery schools"
6means those nursery schools operated by elementary school
7systems or secondary level school units or institutions of
8higher learning.
9(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
10eff. 6-30-14.)".