Full Text of SB0641 95th General Assembly
SB0641enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 27-8.1 as follows:
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| (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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| Sec. 27-8.1. Health examinations and immunizations.
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| (1) In compliance with rules and regulations which the | 9 |
| Department of Public
Health shall promulgate, and except as | 10 |
| hereinafter provided, all children in
Illinois shall have a | 11 |
| health examination as follows: within one year prior to
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| entering kindergarten or the first grade of any public, | 13 |
| private, or parochial
elementary school; upon entering the | 14 |
| fifth and ninth grades of any public,
private, or parochial | 15 |
| school; prior to entrance into any public, private, or
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| parochial nursery school; and, irrespective of grade, | 17 |
| immediately prior to or
upon entrance into any public, private, | 18 |
| or parochial school or nursery school,
each child shall present | 19 |
| proof of having been examined in accordance with this
Section | 20 |
| and the rules and regulations promulgated hereunder.
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| A tuberculosis skin test screening shall be included as a | 22 |
| required part of
each health examination included under this | 23 |
| Section if the child resides in an
area designated by the |
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| Department of Public Health as having a high incidence
of | 2 |
| tuberculosis. Additional health examinations of pupils, | 3 |
| including eye
vision examinations, may be required when deemed | 4 |
| necessary by school
authorities. Parents are encouraged to have | 5 |
| their children undergo eye
vision examinations at the same | 6 |
| points in time required for health
examinations.
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| (1.5) In compliance with rules adopted by the Department of | 8 |
| Public Health and except as otherwise provided in this Section, | 9 |
| all children in kindergarten and the second and sixth grades of | 10 |
| any public, private, or parochial school shall have a dental | 11 |
| examination. Each of these children shall present proof of | 12 |
| having been examined by a dentist in accordance with this | 13 |
| Section and rules adopted under this Section before May 15th of | 14 |
| the school year. If a child in the second or sixth grade fails | 15 |
| to present proof by May 15th, the school may hold the child's | 16 |
| report card until one of the following occurs: (i) the child | 17 |
| presents proof of a completed dental examination or (ii) the | 18 |
| child presents proof that a dental examination will take place | 19 |
| within 60 days after May 15th. The Department of Public Health | 20 |
| shall establish, by rule, a waiver for children who show an | 21 |
| undue burden or a lack of access to a dentist. Each public, | 22 |
| private, and parochial school must give notice of this dental | 23 |
| examination requirement to the parents and guardians of | 24 |
| students at least 60 days before May 15th of each school year.
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| (1.10) Except as otherwise provided in this Section, all | 26 |
| children enrolling in kindergarten in a public, private, or |
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| parochial school on or after the effective date of this | 2 |
| amendatory Act of the 95th General Assembly and any student | 3 |
| enrolling for the first time in a public, private, or parochial | 4 |
| school on or after the effective date of this amendatory Act of | 5 |
| the 95th General Assembly shall have an eye examination. Each | 6 |
| of these children shall present proof of having been examined | 7 |
| by a physician licensed to practice medicine in all of its | 8 |
| branches or a licensed optometrist within the previous year, in | 9 |
| accordance with this Section and rules adopted under this | 10 |
| Section, before October 15th of the school year. If the child | 11 |
| fails to present proof by October 15th, the school may hold the | 12 |
| child's report card until one of the following occurs: (i) the | 13 |
| child presents proof of a completed eye examination or (ii) the | 14 |
| child presents proof that an eye examination will take place | 15 |
| within 60 days after October 15th. The Department of Public | 16 |
| Health shall establish, by rule, a waiver for children who show | 17 |
| an undue burden or a lack of access to a physician licensed to | 18 |
| practice medicine in all of its branches who provides eye | 19 |
| examinations or to a licensed optometrist. Each public, | 20 |
| private, and parochial school must give notice of this eye | 21 |
| examination requirement to the parents and guardians of | 22 |
| students in compliance with rules of the Department of Public | 23 |
| Health. Nothing in this Section shall be construed to allow a | 24 |
| school to exclude a child from attending because of a parent's | 25 |
| or guardian's failure to obtain an eye examination for the | 26 |
| child.
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| (2) The Department of Public Health shall promulgate rules | 2 |
| and regulations
specifying the examinations and procedures | 3 |
| that constitute a health examination, which shall include the | 4 |
| collection of data relating to obesity ,
( including at a | 5 |
| minimum, date of birth, gender, height, weight, blood pressure, | 6 |
| and date of exam ) ,
and a dental examination and may recommend | 7 |
| by rule that certain additional examinations be performed.
The | 8 |
| rules and regulations of the Department of Public Health shall | 9 |
| specify that
a tuberculosis skin test screening shall be | 10 |
| included as a required part of each
health examination included | 11 |
| under this Section if the child resides in an area
designated | 12 |
| by the Department of Public Health as having a high incidence | 13 |
| of
tuberculosis.
The Department of Public Health shall specify | 14 |
| that a diabetes
screening as defined by rule shall be included | 15 |
| as a required part of each
health examination.
Diabetes testing | 16 |
| is not required.
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| Physicians licensed to practice medicine in all of its | 18 |
| branches, advanced
practice nurses who have a written | 19 |
| collaborative agreement with
a collaborating physician which | 20 |
| authorizes them to perform health
examinations, or physician | 21 |
| assistants who have been delegated the
performance of health | 22 |
| examinations by their supervising physician
shall be
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| responsible for the performance of the health examinations, | 24 |
| other than dental
examinations , eye examinations, and vision | 25 |
| and hearing screening, and shall sign all report forms
required | 26 |
| by subsection (4) of this Section that pertain to those |
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| portions of
the health examination for which the physician, | 2 |
| advanced practice nurse, or
physician assistant is | 3 |
| responsible.
If a registered
nurse performs any part of a | 4 |
| health examination, then a physician licensed to
practice | 5 |
| medicine in all of its branches must review and sign all | 6 |
| required
report forms. Licensed dentists shall perform all | 7 |
| dental examinations and
shall sign all report forms required by | 8 |
| subsection (4) of this Section that
pertain to the dental | 9 |
| examinations. Physicians licensed to practice medicine
in all | 10 |
| its branches , or licensed optometrists , shall perform all eye | 11 |
| examinations
vision exams
required by this Section
school | 12 |
| authorities and shall sign all report forms required by
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| subsection (4) of this Section that pertain to the eye | 14 |
| examination. For purposes of this Section, an eye examination | 15 |
| shall at a minimum include history, visual acuity, subjective | 16 |
| refraction to best visual acuity near and far, internal and | 17 |
| external examination, and a glaucoma evaluation, as well as any | 18 |
| other tests or observations that in the professional judgment | 19 |
| of the doctor are necessary
vision exam . Vision and
hearing | 20 |
| screening tests, which shall not be considered examinations as | 21 |
| that
term is used in this Section, shall be conducted in | 22 |
| accordance with rules and
regulations of the Department of | 23 |
| Public Health, and by individuals whom the
Department of Public | 24 |
| Health has certified.
In these rules and regulations, the | 25 |
| Department of Public Health shall
require that individuals | 26 |
| conducting vision screening tests give a child's
parent or |
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| guardian written notification, before the vision screening is
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| conducted, that states, "Vision screening is not a substitute | 3 |
| for a
complete eye and vision evaluation by an eye doctor. Your | 4 |
| child is not
required to undergo this vision screening if an | 5 |
| optometrist or
ophthalmologist has completed and signed a | 6 |
| report form indicating that
an examination has been | 7 |
| administered within the previous 12 months."
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| (3) Every child shall, at or about the same time as he or | 9 |
| she receives
a health examination required by subsection (1) of | 10 |
| this Section, present
to the local school proof of having | 11 |
| received such immunizations against
preventable communicable | 12 |
| diseases as the Department of Public Health shall
require by | 13 |
| rules and regulations promulgated pursuant to this Section and | 14 |
| the
Communicable Disease Prevention Act.
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| (4) The individuals conducting the health examination ,
or
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| dental examination , or eye examination shall record the
fact of | 17 |
| having conducted the examination, and such additional | 18 |
| information as
required, including for a health examination
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| data relating to obesity ,
( including at a minimum, date of | 20 |
| birth, gender, height, weight, blood pressure, and date of | 21 |
| exam ) , on uniform forms which the Department of Public Health | 22 |
| and the State
Board of Education shall prescribe for statewide | 23 |
| use. The examiner shall
summarize on the report form any | 24 |
| condition that he or she suspects indicates a
need for special | 25 |
| services, including for a health examination factors relating | 26 |
| to obesity. The individuals confirming the administration of
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| required immunizations shall record as indicated on the form | 2 |
| that the
immunizations were administered.
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| (5) If a child does not submit proof of having had either | 4 |
| the health
examination or the immunization as required, then | 5 |
| the child shall be examined
or receive the immunization, as the | 6 |
| case may be, and present proof by October
15 of the current | 7 |
| school year, or by an earlier date of the current school year
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| established by a school district. To establish a date before | 9 |
| October 15 of the
current school year for the health | 10 |
| examination or immunization as required, a
school district must | 11 |
| give notice of the requirements of this Section 60 days
prior | 12 |
| to the earlier established date. If for medical reasons one or | 13 |
| more of
the required immunizations must be given after October | 14 |
| 15 of the current school
year, or after an earlier established | 15 |
| date of the current school year, then
the child shall present, | 16 |
| by October 15, or by the earlier established date, a
schedule | 17 |
| for the administration of the immunizations and a statement of | 18 |
| the
medical reasons causing the delay, both the schedule and | 19 |
| the statement being
issued by the physician, advanced practice | 20 |
| nurse, physician assistant,
registered nurse, or local health | 21 |
| department that will
be responsible for administration of the | 22 |
| remaining required immunizations. If
a child does not comply by | 23 |
| October 15, or by the earlier established date of
the current | 24 |
| school year, with the requirements of this subsection, then the
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| local school authority shall exclude that child from school | 26 |
| until such time as
the child presents proof of having had the |
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| health examination as required and
presents proof of having | 2 |
| received those required immunizations which are
medically | 3 |
| possible to receive immediately. During a child's exclusion | 4 |
| from
school for noncompliance with this subsection, the child's | 5 |
| parents or legal
guardian shall be considered in violation of | 6 |
| Section 26-1 and subject to any
penalty imposed by Section | 7 |
| 26-10. This subsection (5) does not apply to dental | 8 |
| examinations and eye examinations .
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| (6) Every school shall report to the State Board of | 10 |
| Education by November
15, in the manner which that agency shall | 11 |
| require, the number of children who
have received the necessary | 12 |
| immunizations and the health examination (other than a dental | 13 |
| examination or eye examination ) as
required, indicating, of | 14 |
| those who have not received the immunizations and
examination | 15 |
| as required, the number of children who are exempt from health
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| examination and immunization requirements on religious or | 17 |
| medical grounds as
provided in subsection (8). Every school | 18 |
| shall report to the State Board of Education by June 30, in the | 19 |
| manner that the State Board requires, the number of children | 20 |
| who have received the required dental examination, indicating, | 21 |
| of those who have not received the required dental examination, | 22 |
| the number of children who are exempt from the dental | 23 |
| examination on religious grounds as provided in subsection (8) | 24 |
| of this Section and the number of children who have received a | 25 |
| waiver under subsection (1.5) of this Section. Every school | 26 |
| shall report to the State Board of Education by June 30, in the |
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| manner that the State Board requires, the number of children | 2 |
| who have received the required eye examination, indicating, of | 3 |
| those who have not received the required eye examination, the | 4 |
| number of children who are exempt from the eye examination as | 5 |
| provided in subsection (8) of this Section, the number of | 6 |
| children who have received a waiver under subsection (1.10) of | 7 |
| this Section, and the total number of children in noncompliance | 8 |
| with the eye examination requirement. This reported | 9 |
| information shall be provided to the
Department of Public | 10 |
| Health by the State Board of Education.
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| (7) Upon determining that the number of pupils who are | 12 |
| required to be in
compliance with subsection (5) of this | 13 |
| Section is below 90% of the number of
pupils enrolled in the | 14 |
| school district, 10% of each State aid payment made
pursuant to | 15 |
| Section 18-8.05 to the school district for such year shall be | 16 |
| withheld
by the regional superintendent until the number of | 17 |
| students in compliance with
subsection (5) is the applicable | 18 |
| specified percentage or higher.
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| (8) Parents or legal guardians who object to health ,
or
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| dental , or eye examinations or any part thereof, or to | 21 |
| immunizations, on religious grounds
shall not be required to | 22 |
| submit their children or wards to the examinations
or | 23 |
| immunizations to which they so object if such parents or legal | 24 |
| guardians
present to the appropriate local school authority a | 25 |
| signed statement of
objection, detailing the grounds for the | 26 |
| objection. If the physical condition
of the child is such that |
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| any one or more of the immunizing agents should not
be | 2 |
| administered, the examining physician, advanced practice | 3 |
| nurse, or
physician assistant responsible for the performance | 4 |
| of the
health examination shall endorse that fact upon the | 5 |
| health examination form.
Exempting a child from the health ,
or
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| dental , or eye examination does not exempt the child from
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| participation in the program of physical education training | 8 |
| provided in
Sections 27-5 through 27-7 of this Code.
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| (9) For the purposes of this Section, "nursery schools" | 10 |
| means those nursery
schools operated by elementary school | 11 |
| systems or secondary level school units
or institutions of | 12 |
| higher learning.
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| (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | 14 |
| 93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; | 15 |
| revised 12-1-05.)
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| Section 90. The State Mandates Act is amended by adding | 17 |
| Section 8.31 as follows: | 18 |
| (30 ILCS 805/8.31 new) | 19 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this Act, no reimbursement by the State is required for the | 21 |
| implementation of any mandate created by this amendatory Act of | 22 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2008.
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