Full Text of SB0565 99th General Assembly
SB0565sam004 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/7/2016
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| 1 | | AMENDMENT TO SENATE BILL 565
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 565 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 27-8.1 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 | 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
| 12 | | entering kindergarten or the first grade of any public, | 13 | | private, or parochial
elementary school; upon entering the | 14 | | sixth and ninth grades of any public,
private, or parochial | 15 | | school; prior to entrance into any public, private, or
| 16 | | parochial nursery school; and, irrespective of grade, |
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| 1 | | immediately prior to or
upon entrance into any public, private, | 2 | | or parochial school or nursery school,
each child shall present | 3 | | proof of having been examined in accordance with this
Section | 4 | | and the rules and regulations promulgated hereunder. Any child | 5 | | who received a health examination within one year prior to | 6 | | entering the fifth grade for the 2007-2008 school year is not | 7 | | required to receive an additional health examination in order | 8 | | to comply with the provisions of Public Act 95-422 when he or | 9 | | she attends school for the 2008-2009 school year, unless the | 10 | | child is attending school for the first time as provided in | 11 | | this paragraph. | 12 | | A tuberculosis skin test screening shall be included as a | 13 | | required part of
each health examination included under this | 14 | | Section if the child resides in an
area designated by the | 15 | | Department of Public Health as having a high incidence
of | 16 | | tuberculosis. Additional health examinations of pupils, | 17 | | including eye examinations, may be required when deemed | 18 | | necessary by school
authorities. Parents are encouraged to have | 19 | | their children undergo eye examinations at the same points in | 20 | | time required for health
examinations. | 21 | | (1.5) In compliance with rules adopted by the Department of | 22 | | Public Health and except as otherwise provided in this Section, | 23 | | all children in kindergarten and the second and sixth grades of | 24 | | any public, private, or parochial school shall have a dental | 25 | | examination. Each of these children shall present proof of | 26 | | having been examined by a dentist in accordance with this |
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| 1 | | Section and rules adopted under this Section before May 15th of | 2 | | the school year. If a child in the second or sixth grade fails | 3 | | to present proof by May 15th, the school may hold the child's | 4 | | report card until one of the following occurs: (i) the child | 5 | | presents proof of a completed dental examination or (ii) the | 6 | | child presents proof that a dental examination will take place | 7 | | within 60 days after May 15th. The Department of Public Health | 8 | | shall establish, by rule, a waiver for children who show an | 9 | | undue burden or a lack of access to a dentist. Each public, | 10 | | private, and parochial school must give notice of this dental | 11 | | examination requirement to the parents and guardians of | 12 | | students at least 60 days before May 15th of each school year.
| 13 | | (1.10) Except as otherwise provided in this Section, all | 14 | | children enrolling in kindergarten in a public, private, or | 15 | | parochial school on or after the effective date of this | 16 | | amendatory Act of the 95th General Assembly and any student | 17 | | enrolling for the first time in a public, private, or parochial | 18 | | school on or after the effective date of this amendatory Act of | 19 | | the 95th General Assembly shall have an eye examination. Each | 20 | | of these children shall present proof of having been examined | 21 | | by a physician licensed to practice medicine in all of its | 22 | | branches or a licensed optometrist within the previous year, in | 23 | | accordance with this Section and rules adopted under this | 24 | | Section, before October 15th of the school year. If the child | 25 | | fails to present proof by October 15th, the school may hold the | 26 | | child's report card until one of the following occurs: (i) the |
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| 1 | | child presents proof of a completed eye examination or (ii) the | 2 | | child presents proof that an eye examination will take place | 3 | | within 60 days after October 15th. The Department of Public | 4 | | Health shall establish, by rule, a waiver for children who show | 5 | | an undue burden or a lack of access to a physician licensed to | 6 | | practice medicine in all of its branches who provides eye | 7 | | examinations or to a licensed optometrist. Each public, | 8 | | private, and parochial school must give notice of this eye | 9 | | examination requirement to the parents and guardians of | 10 | | students in compliance with rules of the Department of Public | 11 | | Health. Nothing in this Section shall be construed to allow a | 12 | | school to exclude a child from attending because of a parent's | 13 | | or guardian's failure to obtain an eye examination for the | 14 | | child.
| 15 | | (2) The Department of Public Health shall promulgate rules | 16 | | and regulations
specifying the examinations and procedures | 17 | | that constitute a health examination, which shall include a | 18 | | developmental screening for children under the age of 19 years, | 19 | | social and emotional screening, and the collection of data | 20 | | relating to obesity
(including at a minimum, date of birth, | 21 | | gender, height, weight, blood pressure, and date of exam),
and | 22 | | a dental examination and may recommend by rule that certain | 23 | | additional examinations be performed.
The rules and | 24 | | regulations of the Department of Public Health shall specify | 25 | | that
a tuberculosis skin test screening shall be included as a | 26 | | required part of each
health examination included under this |
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| 1 | | Section if the child resides in an area
designated by the | 2 | | Department of Public Health as having a high incidence of
| 3 | | tuberculosis. With respect to social and emotional screening, | 4 | | the rules must be developed in conjunction with a statewide | 5 | | organization representing school boards, a statewide | 6 | | organization representing pediatricians, and a statewide | 7 | | organization representing children's mental health experts | 8 | | and, at a minimum, recommend the use of a validated screening | 9 | | tool such as the Ages and Stages Social-Emotional Questionnaire | 10 | | or the Pediatric Symptom Checklist or another validated | 11 | | screening tool as recommended by the American Academy of | 12 | | Pediatrics. The rules shall provide that social and emotional | 13 | | screenings are not intended to replace or duplicate health care | 14 | | systems conducting screening and anticipatory guidance | 15 | | consistent with recommendations of the American Academy of | 16 | | Pediatrics and must be consistent with the State Board of | 17 | | Education's social and emotional learning standards.
The | 18 | | Department of Public Health shall specify that a diabetes
| 19 | | screening as defined by rule shall be included as a required | 20 | | part of each
health examination.
Diabetes testing is not | 21 | | required. | 22 | | Physicians licensed to practice medicine in all of its | 23 | | branches, licensed advanced
practice nurses, or licensed | 24 | | physician assistants shall be
responsible for the performance | 25 | | of the health examinations, other than dental
examinations, eye | 26 | | examinations, and vision and hearing screening, and shall sign |
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| 1 | | all report forms
required by subsection (4) of this Section | 2 | | that pertain to those portions of
the health examination for | 3 | | which the physician, advanced practice nurse, or
physician | 4 | | assistant is responsible.
If a registered
nurse performs any | 5 | | part of a health examination, then a physician licensed to
| 6 | | practice medicine in all of its branches must review and sign | 7 | | all required
report forms. Licensed dentists shall perform all | 8 | | dental examinations and
shall sign all report forms required by | 9 | | subsection (4) of this Section that
pertain to the dental | 10 | | examinations. Physicians licensed to practice medicine
in all | 11 | | its branches or licensed optometrists shall perform all eye | 12 | | examinations
required by this Section and shall sign all report | 13 | | forms required by
subsection (4) of this Section that pertain | 14 | | to the eye examination. For purposes of this Section, an eye | 15 | | examination shall at a minimum include history, visual acuity, | 16 | | subjective refraction to best visual acuity near and far, | 17 | | internal and external examination, and a glaucoma evaluation, | 18 | | as well as any other tests or observations that in the | 19 | | professional judgment of the doctor are necessary. Vision and
| 20 | | hearing screening tests, which shall not be considered | 21 | | examinations as that
term is used in this Section, shall be | 22 | | conducted in accordance with rules and
regulations of the | 23 | | Department of Public Health, and by individuals whom the
| 24 | | Department of Public Health has certified.
In these rules and | 25 | | regulations, the Department of Public Health shall
require that | 26 | | individuals conducting vision screening tests give a child's
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| 1 | | parent or guardian written notification, before the vision | 2 | | screening is
conducted, that states, "Vision screening is not a | 3 | | substitute for a
complete eye and vision evaluation by an eye | 4 | | doctor. Your child is not
required to undergo this vision | 5 | | screening if an optometrist or
ophthalmologist has completed | 6 | | and signed a report form indicating that
an examination has | 7 | | been administered within the previous 12 months." | 8 | | (2.5) With respect to the social and emotional screening | 9 | | portion of the health examination, each child shall present | 10 | | proof of having been examined by a physician licensed to | 11 | | practice medicine in all of its branches or a licensed | 12 | | psychologist within the previous year, in accordance with this | 13 | | Section and rules adopted under this Section, before October | 14 | | 15th of the school year. If the child fails to present proof of | 15 | | the social and emotional screening portion of the health | 16 | | examination by October 15th, the school may hold the child's | 17 | | report card until one of the following occurs: (i) the child | 18 | | presents proof of a completed social and emotional screening or | 19 | | (ii) the child presents proof that a social and emotional | 20 | | screening will take place within 60 days after October 15th. | 21 | | The Department of Public Health shall establish, by rule, a | 22 | | waiver for children who show an undue burden or a lack of | 23 | | access to a physician licensed to practice medicine in all of | 24 | | its branches who provides social and emotional screenings or to | 25 | | a licensed psychologist. Each public, private, and parochial | 26 | | school must give notice of this social and emotional screening |
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| 1 | | requirement to the parents and guardians of students in | 2 | | compliance with rules of the Department of Public Health. | 3 | | Nothing in this Section shall be construed to allow a school to | 4 | | exclude a child from attending because of a parent's or | 5 | | guardian's failure to obtain a social and emotional screening | 6 | | for the child. | 7 | | (3) Every child shall, at or about the same time as he or | 8 | | she receives
a health examination required by subsection (1) of | 9 | | this Section, present
to the local school proof of having | 10 | | received such immunizations against
preventable communicable | 11 | | diseases as the Department of Public Health shall
require by | 12 | | rules and regulations promulgated pursuant to this Section and | 13 | | the
Communicable Disease Prevention Act. | 14 | | (4) The individuals conducting the health examination,
| 15 | | dental examination, or eye examination shall record the
fact of | 16 | | having conducted the examination, and such additional | 17 | | information as
required, including for a health examination
| 18 | | data relating to obesity
(including at a minimum, date of | 19 | | birth, gender, height, weight, blood pressure, and date of | 20 | | exam), on uniform forms which the Department of Public Health | 21 | | and the State
Board of Education shall prescribe for statewide | 22 | | use. The examiner shall
summarize on the report form any | 23 | | condition that he or she suspects indicates a
need for special | 24 | | services, including for a health examination factors relating | 25 | | to obesity. Regarding social and emotional functioning, | 26 | | information must be shared in a manner consistent with laws and |
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| 1 | | policies governing health care confidentiality. The | 2 | | individuals confirming the administration of
required | 3 | | immunizations shall record as indicated on the form that the
| 4 | | immunizations were administered. | 5 | | (5) If a child does not submit proof of having had either | 6 | | the health
examination or the immunization as required, then | 7 | | the child shall be examined
or receive the immunization, as the | 8 | | case may be, and present proof by October
15 of the current | 9 | | school year, or by an earlier date of the current school year
| 10 | | established by a school district. To establish a date before | 11 | | October 15 of the
current school year for the health | 12 | | examination or immunization as required, a
school district must | 13 | | give notice of the requirements of this Section 60 days
prior | 14 | | to the earlier established date. If for medical reasons one or | 15 | | more of
the required immunizations must be given after October | 16 | | 15 of the current school
year, or after an earlier established | 17 | | date of the current school year, then
the child shall present, | 18 | | by October 15, or by the earlier established date, a
schedule | 19 | | for the administration of the immunizations and a statement of | 20 | | the
medical reasons causing the delay, both the schedule and | 21 | | the statement being
issued by the physician, advanced practice | 22 | | nurse, physician assistant,
registered nurse, or local health | 23 | | department that will
be responsible for administration of the | 24 | | remaining required immunizations. If
a child does not comply by | 25 | | October 15, or by the earlier established date of
the current | 26 | | school year, with the requirements of this subsection, then the
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| 1 | | local school authority shall exclude that child from school | 2 | | until such time as
the child presents proof of having had the | 3 | | health examination as required and
presents proof of having | 4 | | received those required immunizations which are
medically | 5 | | possible to receive immediately. During a child's exclusion | 6 | | from
school for noncompliance with this subsection, the child's | 7 | | parents or legal
guardian shall be considered in violation of | 8 | | Section 26-1 and subject to any
penalty imposed by Section | 9 | | 26-10. This subsection (5) does not apply to dental | 10 | | examinations , and eye examinations , or the social and emotional | 11 | | screening portion of the health examination . If the student is | 12 | | an out-of-state transfer student and does not have the proof | 13 | | required under this subsection (5) before October 15 of the | 14 | | current year or whatever date is set by the school district, | 15 | | then he or she may only attend classes (i) if he or she has | 16 | | proof that an appointment for the required vaccinations has | 17 | | been scheduled with a party authorized to submit proof of the | 18 | | required vaccinations. If the proof of vaccination required | 19 | | under this subsection (5) is not submitted within 30 days after | 20 | | the student is permitted to attend classes, then the student is | 21 | | not to be permitted to attend classes until proof of the | 22 | | vaccinations has been properly submitted. No school district or | 23 | | employee of a school district shall be held liable for any | 24 | | injury or illness to another person that results from admitting | 25 | | an out-of-state transfer student to class that has an | 26 | | appointment scheduled pursuant to this subsection (5). |
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| 1 | | (6) Every school shall report to the State Board of | 2 | | Education by November
15, in the manner which that agency shall | 3 | | require, the number of children who
have received the necessary | 4 | | immunizations and the health examination (other than a dental | 5 | | examination or eye examination) as
required, indicating, of | 6 | | those who have not received the immunizations and
examination | 7 | | as required, the number of children who are exempt from health
| 8 | | examination and immunization requirements on religious or | 9 | | medical grounds as
provided in subsection (8). On or before | 10 | | December 1 of each year, every public school district and | 11 | | registered nonpublic school shall make publicly available the | 12 | | immunization data they are required to submit to the State | 13 | | Board of Education by November 15. The immunization data made | 14 | | publicly available must be identical to the data the school | 15 | | district or school has reported to the State Board of | 16 | | Education. | 17 | | Every school shall report to the State Board of Education | 18 | | by June 30, in the manner that the State Board requires, the | 19 | | number of children who have received the required dental | 20 | | examination, indicating, of those who have not received the | 21 | | required dental examination, the number of children who are | 22 | | exempt from the dental examination on religious grounds as | 23 | | provided in subsection (8) of this Section and the number of | 24 | | children who have received a waiver under subsection (1.5) of | 25 | | this Section. | 26 | | Every school shall report to the State Board of Education |
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| 1 | | by June 30, in the manner that the State Board requires, the | 2 | | number of children who have received the required eye | 3 | | examination, indicating, of those who have not received the | 4 | | required eye examination, the number of children who are exempt | 5 | | from the eye examination as provided in subsection (8) of this | 6 | | Section, the number of children who have received a waiver | 7 | | under subsection (1.10) of this Section, and the total number | 8 | | of children in noncompliance with the eye examination | 9 | | requirement. | 10 | | The reported information under this subsection (6) shall be | 11 | | provided to the
Department of Public Health by the State Board | 12 | | of Education. | 13 | | (7) Upon determining that the number of pupils who are | 14 | | required to be in
compliance with subsection (5) of this | 15 | | Section is below 90% of the number of
pupils enrolled in the | 16 | | school district, 10% of each State aid payment made
pursuant to | 17 | | Section 18-8.05 to the school district for such year may be | 18 | | withheld
by the State Board of Education until the number of | 19 | | students in compliance with
subsection (5) is the applicable | 20 | | specified percentage or higher. | 21 | | (8) Children of parents or legal guardians who object to | 22 | | health, dental, or eye examinations or any part thereof, to | 23 | | immunizations, or to vision and hearing screening tests on | 24 | | religious grounds shall not be required to undergo the | 25 | | examinations, tests, or immunizations to which they so object | 26 | | if such parents or legal guardians present to the appropriate |
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| 1 | | local school authority a signed Certificate of Religious | 2 | | Exemption detailing the grounds for objection and the specific | 3 | | immunizations, tests, or examinations to which they object. The | 4 | | grounds for objection must set forth the specific religious | 5 | | belief that conflicts with the examination, test, | 6 | | immunization, or other medical intervention. The signed | 7 | | certificate shall also reflect the parent's or legal guardian's | 8 | | understanding of the school's exclusion policies in the case of | 9 | | a vaccine-preventable disease outbreak or exposure. The | 10 | | certificate must also be signed by the authorized examining | 11 | | health care provider responsible for the performance of the | 12 | | child's health examination confirming that the provider | 13 | | provided education to the parent or legal guardian on the | 14 | | benefits of immunization and the health risks to the student | 15 | | and to the community of the communicable diseases for which | 16 | | immunization is required in this State. However, the health | 17 | | care provider's signature on the certificate reflects only that | 18 | | education was provided and does not allow a health care | 19 | | provider grounds to determine a religious exemption. Those | 20 | | receiving immunizations required under this Code shall be | 21 | | provided with the relevant vaccine information statements that | 22 | | are required to be disseminated by the federal National | 23 | | Childhood Vaccine Injury Act of 1986, which may contain | 24 | | information on circumstances when a vaccine should not be | 25 | | administered, prior to administering a vaccine. A healthcare | 26 | | provider may consider including without limitation the |
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| 1 | | nationally accepted recommendations from federal agencies such | 2 | | as the Advisory Committee on Immunization Practices, the | 3 | | information outlined in the relevant vaccine information | 4 | | statement, and vaccine package inserts, along with the | 5 | | healthcare provider's clinical judgment, to determine whether | 6 | | any child may be more susceptible to experiencing an adverse | 7 | | vaccine reaction than the general population, and , if so, the | 8 | | healthcare provider may exempt the child from an immunization | 9 | | or adopt an individualized immunization schedule. The | 10 | | Certificate of Religious Exemption shall be created by the | 11 | | Department of Public Health and shall be made available and | 12 | | used by parents and legal guardians by the beginning of the | 13 | | 2015-2016 school year. Parents or legal guardians must submit | 14 | | the Certificate of Religious Exemption to their local school | 15 | | authority prior to entering kindergarten, sixth grade, and | 16 | | ninth grade for each child for which they are requesting an | 17 | | exemption. The religious objection stated need not be directed | 18 | | by the tenets of an established religious organization. | 19 | | However, general philosophical or moral reluctance to allow | 20 | | physical examinations, eye examinations, immunizations, vision | 21 | | and hearing screenings, or dental examinations does not provide | 22 | | a sufficient basis for an exception to statutory requirements. | 23 | | The local school authority is responsible for determining if
| 24 | | the content of the Certificate of Religious Exemption
| 25 | | constitutes a valid religious objection.
The local school | 26 | | authority shall inform the parent or legal guardian of |
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| 1 | | exclusion procedures, in accordance with the Department's | 2 | | rules under Part 690 of Title 77 of the Illinois Administrative | 3 | | Code, at the time the objection is presented. | 4 | | If the physical condition
of the child is such that any one | 5 | | or more of the immunizing agents should not
be administered, | 6 | | the examining physician, advanced practice nurse, or
physician | 7 | | assistant responsible for the performance of the
health | 8 | | examination shall endorse that fact upon the health examination | 9 | | form. | 10 | | Exempting a child from the health,
dental, or eye | 11 | | examination does not exempt the child from
participation in the | 12 | | program of physical education training provided in
Sections | 13 | | 27-5 through 27-7 of this Code. | 14 | | (9) For the purposes of this Section, "nursery schools" | 15 | | means those nursery
schools operated by elementary school | 16 | | systems or secondary level school units
or institutions of | 17 | | higher learning. | 18 | | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | 19 | | 99-249, eff. 8-3-15; revised 10-21-15.)".
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