Full Text of HB0805 95th General Assembly
HB0805 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0805
Introduced 2/7/2007, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/24-5 |
from Ch. 122, par. 24-5 |
105 ILCS 5/24-6 |
from Ch. 122, par. 24-6 |
105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
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Amends the School Code. In provisions concerning an employee's physical fitness and sick leave and compulsory school age exemptions, provides that when required, certain examinations may be conducted by and certain certificates may be issued by a chiropractic physician licensed under the Medical Practice Act of 1987.
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A BILL FOR
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HB0805 |
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LRB095 07591 NHT 27741 b |
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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 Sections | 5 |
| 24-5, 24-6, and 26-1 as follows:
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| (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
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| Sec. 24-5. Physical fitness and professional growth.
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| School boards shall require of new employees evidence of | 9 |
| physical
fitness to perform duties assigned and freedom from | 10 |
| communicable disease,
including tuberculosis. Such evidence | 11 |
| shall consist of a physical
examination and a tuberculin skin | 12 |
| test and, if appropriate, an x-ray, made
by a physician | 13 |
| licensed in Illinois or any other state to practice medicine
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| and surgery in all its branches, a chiropractic physician | 15 |
| licensed under the Medical Practice Act of 1987, an advanced | 16 |
| practice nurse who has a written collaborative agreement with a | 17 |
| collaborating physician that authorizes the advanced practice | 18 |
| nurse to perform health examinations, or a physician assistant | 19 |
| who has been delegated the authority to perform health | 20 |
| examinations by his or her supervising physician not more than | 21 |
| 90 days preceding time of
presentation to the board and cost of | 22 |
| such examination shall rest with the
employee. The board may | 23 |
| from time to time require an examination of any
employee by a |
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| physician licensed in Illinois to practice medicine and
surgery | 2 |
| in all its branches, a chiropractic physician licensed under | 3 |
| the Medical Practice Act of 1987, an advanced practice nurse | 4 |
| who has a written collaborative agreement with a collaborating | 5 |
| physician that authorizes the advanced practice nurse to | 6 |
| perform health examinations, or a physician assistant who has | 7 |
| been delegated the authority to perform health examinations by | 8 |
| his or her supervising physician and shall pay the expenses | 9 |
| thereof from school
funds. School boards may require teachers | 10 |
| in their employ to furnish from
time to time evidence of | 11 |
| continued professional growth.
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| (Source: P.A. 94-350, eff. 7-28-05.)
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| (105 ILCS 5/24-6) (from Ch. 122, par. 24-6)
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| Sec. 24-6. Sick leave. The school boards of all school | 15 |
| districts, including special charter
districts, but not | 16 |
| including school districts in municipalities of 500,000
or | 17 |
| more, shall grant their full-time teachers, and also shall | 18 |
| grant
such of their other employees as are eligible to | 19 |
| participate in the
Illinois Municipal Retirement Fund under the | 20 |
| "600-Hour Standard"
established, or under such other | 21 |
| eligibility participation standard as may
from time to time be | 22 |
| established, by rules and regulations now or hereafter
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| promulgated by the Board of that Fund under Section 7-198 of | 24 |
| the Illinois
Pension Code, as now or hereafter amended, sick | 25 |
| leave
provisions not less in amount than 10 days at full pay in |
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HB0805 |
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| each school year.
If any such teacher or employee does not use | 2 |
| the full amount of annual leave
thus allowed, the unused amount | 3 |
| shall be allowed to accumulate to a minimum
available leave of | 4 |
| 180 days at full pay, including the leave of the current
year. | 5 |
| Sick leave shall be interpreted to mean personal illness, | 6 |
| quarantine
at home, or serious illness or death in the | 7 |
| immediate family or household.
The school board may require a | 8 |
| certificate from a physician licensed in Illinois to practice | 9 |
| medicine and surgery in all its branches, a chiropractic | 10 |
| physician licensed under the Medical Practice Act of 1987, an | 11 |
| advanced practice nurse who has a written collaborative | 12 |
| agreement with a collaborating physician that authorizes the | 13 |
| advanced practice nurse to perform health examinations, or a | 14 |
| physician assistant who has been delegated the authority to | 15 |
| perform health examinations by his or her supervising | 16 |
| physician, or if the treatment
is by prayer or spiritual means, | 17 |
| that of a spiritual adviser or
practitioner of such person's | 18 |
| faith, as a basis for pay during leave after
an absence of 3 | 19 |
| days for personal illness, or as it may deem necessary in
other | 20 |
| cases. If the school board does require a
certificate
as a | 21 |
| basis for pay during leave of
less than 3 days, the school | 22 |
| board shall pay, from school funds, the
expenses incurred by | 23 |
| the teachers or other employees in obtaining the certificate.
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| If, by reason of any change in the boundaries of school | 25 |
| districts, or by
reason of the creation of a new school | 26 |
| district, the employment of a
teacher is transferred to a new |
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| or different board, the accumulated sick
leave of such teacher | 2 |
| is not thereby lost, but is transferred to such new
or | 3 |
| different district.
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| For purposes of this Section, "immediate family" shall | 5 |
| include parents,
spouse, brothers, sisters, children, | 6 |
| grandparents, grandchildren,
parents-in-law, brothers-in-law, | 7 |
| sisters-in-law, and legal guardians.
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| (Source: P.A. 94-350, eff. 7-28-05.)
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| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 11 |
| custody or control of any child between the ages of 7 and 17
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| years (unless the child has already graduated from high school)
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| shall cause such child to attend some public school in the | 14 |
| district
wherein the child resides the entire time it is in | 15 |
| session during the
regular school term, except as provided in | 16 |
| Section 10-19.1, and during a
required summer school program | 17 |
| established under Section 10-22.33B; provided,
that
the | 18 |
| following children shall not be required to attend the public | 19 |
| schools:
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| 1. Any child attending a private or a parochial school | 21 |
| where children
are taught the branches of education taught | 22 |
| to children of corresponding
age and grade in the public | 23 |
| schools, and where the instruction of the child
in the | 24 |
| branches of education is in the English language;
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| 2. Any child who is physically or mentally unable to |
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| attend school, such
disability being certified to the | 2 |
| county or district truant officer by a
competent physician | 3 |
| licensed in Illinois to practice medicine and surgery in | 4 |
| all its branches, a chiropractic physician licensed under | 5 |
| the Medical Practice Act of 1987, an advanced practice | 6 |
| nurse who has a written collaborative agreement with a | 7 |
| collaborating physician that authorizes the advanced | 8 |
| practice nurse to perform health examinations, a physician | 9 |
| assistant who has been delegated the authority to perform | 10 |
| health examinations by his or her supervising physician, or | 11 |
| a Christian Science practitioner residing in this
State and | 12 |
| listed in the Christian Science Journal; or who is excused | 13 |
| for
temporary absence for cause by
the principal or teacher | 14 |
| of the school which the child attends; the exemptions
in | 15 |
| this paragraph (2) do not apply to any female who is | 16 |
| pregnant or the
mother of one or more children, except | 17 |
| where a female is unable to attend
school due to a | 18 |
| complication arising from her pregnancy and the existence
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| of such complication is certified to the county or district | 20 |
| truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed | 22 |
| according to the
provisions of the law regulating child | 23 |
| labor may be excused from attendance
at school by the | 24 |
| county superintendent of schools or the superintendent of
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| the public school which the child should be attending, on | 26 |
| certification of
the facts by and the recommendation of the |
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| school board of the public
school district in which the | 2 |
| child resides. In districts having part time
continuation | 3 |
| schools, children so excused shall attend such schools at
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| least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 6 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a | 8 |
| particular day or days
or at a particular time of day for | 9 |
| the reason that he is unable to attend
classes or to | 10 |
| participate in any examination, study or work requirements | 11 |
| on
a particular day or days or at a particular time of day, | 12 |
| because the tenets
of his religion forbid secular activity | 13 |
| on a particular day or days or at a
particular time of day. | 14 |
| Each school board shall prescribe rules and
regulations | 15 |
| relative to absences for religious holidays including, but | 16 |
| not
limited to, a list of religious holidays on which it | 17 |
| shall be mandatory to
excuse a child; but nothing in this | 18 |
| paragraph 5 shall be construed to limit
the right of any | 19 |
| school board, at its discretion, to excuse an absence on
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| any other day by reason of the observance of a religious | 21 |
| holiday. A school
board may require the parent or guardian | 22 |
| of a child who is to be excused
from attending school due | 23 |
| to the observance of a religious holiday to give
notice, | 24 |
| not exceeding 5 days, of the child's absence to the school
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| principal or other school personnel. Any child excused from | 26 |
| attending
school under this paragraph 5 shall not be |
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| required to submit a written
excuse for such absence after | 2 |
| returning to school; and | 3 |
| 6. Any child 16 years of age or older who (i) submits | 4 |
| to a school district evidence of necessary and lawful | 5 |
| employment pursuant to paragraph 3 of this Section and (ii) | 6 |
| is enrolled in a graduation incentives program pursuant to | 7 |
| Section 26-16 of this Code or an alternative learning | 8 |
| opportunities program established pursuant to Article 13B | 9 |
| of this Code.
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| (Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)
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