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1 | | 27-8.1 as follows: |
2 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
3 | | Sec. 27-8.1. Health examinations and immunizations. |
4 | | (1) In compliance with rules and regulations which the |
5 | | Department of Public Health shall promulgate, and except as |
6 | | hereinafter provided, all children in Illinois shall have a |
7 | | health examination as follows: within one year prior to |
8 | | entering kindergarten or the first grade of any public, |
9 | | private, or parochial elementary school; upon entering the |
10 | | sixth and ninth grades of any public, private, or parochial |
11 | | school; prior to entrance into any public, private, or |
12 | | parochial nursery school; and, irrespective of grade, |
13 | | immediately prior to or upon entrance into any public, |
14 | | private, or parochial school or nursery school, each child |
15 | | shall present proof of having been examined in accordance with |
16 | | this Section and the rules and regulations promulgated |
17 | | hereunder. Any child who received a health examination within |
18 | | one year prior to entering the fifth grade for the 2007-2008 |
19 | | school year is not required to receive an additional health |
20 | | examination in order to comply with the provisions of Public |
21 | | Act 95-422 when he or she attends school for the 2008-2009 |
22 | | school year, unless the child is attending school for the |
23 | | first time as provided in this paragraph. |
24 | | A tuberculosis skin test screening shall be included as a |
25 | | 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. Additional health examinations of pupils, |
4 | | including eye examinations, may be required when deemed |
5 | | necessary by school authorities. Parents are encouraged to |
6 | | have their children undergo eye examinations at the same |
7 | | points in time required for health examinations. |
8 | | (1.5) In compliance with rules adopted by the Department |
9 | | of Public Health and except as otherwise provided in this |
10 | | Section, all children in kindergarten and the second, sixth, |
11 | | and ninth grades of any public, private, or parochial school |
12 | | shall have a dental examination. Each of these children shall |
13 | | present proof of having been examined by a dentist in |
14 | | accordance with this Section and rules adopted under this |
15 | | Section before May 15th of the school year. If a child in the |
16 | | second, sixth, or ninth grade fails to present proof by May |
17 | | 15th, the school may hold the child's report card until one of |
18 | | the following occurs: (i) the child presents proof of a |
19 | | completed dental examination or (ii) the child presents proof |
20 | | that a dental examination will take place within 60 days after |
21 | | May 15th. A school may not withhold a child's report card |
22 | | during a school year in which the Governor has declared a |
23 | | disaster due to a public health emergency pursuant to Section |
24 | | 7 of the Illinois Emergency Management Agency Act. The |
25 | | Department of Public Health shall establish, by rule, a waiver |
26 | | for children who show an undue burden or a lack of access to a |
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1 | | dentist. Each public, private, and parochial school must give |
2 | | notice of this dental examination requirement to the parents |
3 | | and guardians of students at least 60 days before May 15th of |
4 | | each school year. |
5 | | (1.10) Except as otherwise provided in this Section, all |
6 | | children enrolling in kindergarten in a public, private, or |
7 | | parochial school on or after January 1, 2008 (the effective |
8 | | date of Public Act 95-671) and any student enrolling for the |
9 | | first time in a public, private, or parochial school on or |
10 | | after January 1, 2008 (the effective date of Public Act |
11 | | 95-671) shall have an eye examination. Each of these children |
12 | | shall present proof of having been examined by a physician |
13 | | licensed to practice medicine in all of its branches or a |
14 | | licensed optometrist within the previous year, in accordance |
15 | | with this Section and rules adopted under this Section, before |
16 | | October 15th of the school year. If the child fails to present |
17 | | proof by October 15th, the school may hold the child's report |
18 | | card until one of the following occurs: (i) the child presents |
19 | | proof of a completed eye examination or (ii) the child |
20 | | presents proof that an eye examination will take place within |
21 | | 60 days after October 15th. A school may not withhold a child's |
22 | | report card during a school year in which the Governor has |
23 | | declared a disaster due to a public health emergency pursuant |
24 | | to Section 7 of the Illinois Emergency Management Agency Act. |
25 | | The Department of Public Health shall establish, by rule, a |
26 | | waiver for children who show an undue burden or a lack of |
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1 | | access to a physician licensed to practice medicine in all of |
2 | | its branches who provides eye examinations or to a licensed |
3 | | optometrist. Each public, private, and parochial school must |
4 | | give notice of this eye examination requirement to the parents |
5 | | and guardians of students in compliance with rules of the |
6 | | Department of Public Health. Nothing in this Section shall be |
7 | | construed to allow a school to exclude a child from attending |
8 | | because of a parent's or guardian's failure to obtain an eye |
9 | | examination for the child. |
10 | | (2) The Department of Public Health shall promulgate rules |
11 | | and regulations specifying the examinations and procedures |
12 | | that constitute a health examination, which shall include an |
13 | | age-appropriate developmental screening, an age-appropriate |
14 | | social and emotional screening, and the collection of data |
15 | | relating to asthma and obesity (including at a minimum, date |
16 | | of birth, gender, height, weight, blood pressure, and date of |
17 | | exam), and a dental examination and may recommend by rule that |
18 | | certain additional examinations be performed. The rules and |
19 | | regulations of the Department of Public Health shall specify |
20 | | that a tuberculosis skin test screening shall be included as a |
21 | | required part of each health examination included under this |
22 | | Section if the child resides in an area designated by the |
23 | | Department of Public Health as having a high incidence of |
24 | | tuberculosis. With respect to the developmental screening and |
25 | | the social and emotional screening, the Department of Public |
26 | | Health must, no later than January 1, 2019, develop rules and |
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1 | | appropriate revisions to the Child Health Examination form in |
2 | | conjunction with a statewide organization representing school |
3 | | boards; a statewide organization representing pediatricians; |
4 | | statewide organizations representing individuals holding |
5 | | Illinois educator licenses with school support personnel |
6 | | endorsements, including school social workers, school |
7 | | psychologists, and school nurses; a statewide organization |
8 | | representing children's mental health experts; a statewide |
9 | | organization representing school principals; the Director of |
10 | | Healthcare and Family Services or his or her designee, the |
11 | | State Superintendent of Education or his or her designee; and |
12 | | representatives of other appropriate State agencies and, at a |
13 | | minimum, must recommend the use of validated screening tools |
14 | | appropriate to the child's age or grade, and, with regard to |
15 | | the social and emotional screening, require recording only |
16 | | whether or not the screening was completed. The rules shall |
17 | | take into consideration the screening recommendations of the |
18 | | American Academy of Pediatrics and must be consistent with the |
19 | | State Board of Education's social and emotional learning |
20 | | standards. The Department of Public Health shall specify that |
21 | | a diabetes screening as defined by rule shall be included as a |
22 | | required part of each health examination. Diabetes testing is |
23 | | not required. |
24 | | Physicians licensed to practice medicine in all of its |
25 | | branches, licensed advanced practice registered nurses, or |
26 | | licensed physician assistants shall be responsible for the |
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1 | | performance of the health examinations, other than dental |
2 | | examinations, eye examinations, and vision and hearing |
3 | | screening, and shall sign all report forms required by |
4 | | subsection (4) of this Section that pertain to those portions |
5 | | of the health examination for which the physician, advanced |
6 | | practice registered nurse, or physician assistant is |
7 | | responsible. If a registered nurse performs any part of a |
8 | | health examination, then a physician licensed to practice |
9 | | medicine in all of its branches must review and sign all |
10 | | required report forms. Licensed dentists shall perform all |
11 | | dental examinations and shall sign all report forms required |
12 | | by subsection (4) of this Section that pertain to the dental |
13 | | examinations. Physicians licensed to practice medicine in all |
14 | | its branches or licensed optometrists shall perform all eye |
15 | | examinations required by this Section and shall sign all |
16 | | report forms required by subsection (4) of this Section that |
17 | | pertain to the eye examination. For purposes of this Section, |
18 | | an eye examination shall at a minimum include history, visual |
19 | | acuity, subjective refraction to best visual acuity near and |
20 | | far, internal and external examination, and a glaucoma |
21 | | evaluation, as well as any other tests or observations that in |
22 | | the professional judgment of the doctor are necessary. Vision |
23 | | and hearing screening tests, which shall not be considered |
24 | | examinations as that term is used in this Section, shall be |
25 | | conducted in accordance with rules and regulations of the |
26 | | Department of Public Health, and by individuals whom the |
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1 | | Department of Public Health has certified. In these rules and |
2 | | regulations, the Department of Public Health shall require |
3 | | that individuals conducting vision screening tests give a |
4 | | child's parent or guardian written notification, before the |
5 | | vision screening is conducted, that states, "Vision screening |
6 | | is not a substitute for a complete eye and vision evaluation by |
7 | | an eye doctor. Your child is not required to undergo this |
8 | | vision screening if an optometrist or ophthalmologist has |
9 | | completed and signed a report form indicating that an |
10 | | examination has been administered within the previous 12 |
11 | | months.". |
12 | | (2.5) With respect to the developmental screening and the |
13 | | social and emotional screening portion of the health |
14 | | examination, each child may present proof of having been |
15 | | screened in accordance with this Section and the rules adopted |
16 | | under this Section before October 15th of the school year. |
17 | | With regard to the social and emotional screening only, the |
18 | | examining health care provider shall only record whether or |
19 | | not the screening was completed. If the child fails to present |
20 | | proof of the developmental screening or the social and |
21 | | emotional screening portions of the health examination by |
22 | | October 15th of the school year, qualified school support |
23 | | personnel may, with a parent's or guardian's consent, offer |
24 | | the developmental screening or the social and emotional |
25 | | screening to the child. Each public, private, and parochial |
26 | | school must give notice of the developmental screening and |
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1 | | social and emotional screening requirements to the parents and |
2 | | guardians of students in compliance with the rules of the |
3 | | Department of Public Health. Nothing in this Section shall be |
4 | | construed to allow a school to exclude a child from attending |
5 | | because of a parent's or guardian's failure to obtain a |
6 | | developmental screening or a social and emotional screening |
7 | | for the child. Once a developmental screening or a social and |
8 | | emotional screening is completed and proof has been presented |
9 | | to the school, the school may, with a parent's or guardian's |
10 | | consent, make available appropriate school personnel to work |
11 | | with the parent or guardian, the child, and the provider who |
12 | | signed the screening form to obtain any appropriate |
13 | | evaluations and services as indicated on the form and in other |
14 | | information and documentation provided by the parents, |
15 | | guardians, or provider. |
16 | | (3) Every child shall, at or about the same time as he or |
17 | | she receives a health examination required by subsection (1) |
18 | | of this Section, present to the local school proof of having |
19 | | received such immunizations against preventable communicable |
20 | | diseases as the Department of Public Health shall require by |
21 | | rules and regulations promulgated pursuant to this Section and |
22 | | the Communicable Disease Prevention Act. |
23 | | (4) The individuals conducting the health examination, |
24 | | dental examination, or eye examination shall record the fact |
25 | | of having conducted the examination, and such additional |
26 | | information as required, including for a health examination |
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1 | | data relating to asthma and obesity (including at a minimum, |
2 | | date of birth, gender, height, weight, blood pressure, and |
3 | | date of exam), on uniform forms which the Department of Public |
4 | | Health and the State Board of Education shall prescribe for |
5 | | statewide use. The examiner shall summarize on the report form |
6 | | any condition that he or she suspects indicates a need for |
7 | | special services, including for a health examination factors |
8 | | relating to asthma or obesity. The duty to summarize on the |
9 | | report form does not apply to social and emotional screenings. |
10 | | The confidentiality of the information and records relating to |
11 | | the developmental screening and the social and emotional |
12 | | screening shall be determined by the statutes, rules, and |
13 | | professional ethics governing the type of provider conducting |
14 | | the screening. The individuals confirming the administration |
15 | | of required immunizations shall record as indicated on the |
16 | | form that the immunizations were administered. |
17 | | (5) If a child does not submit proof of having had either |
18 | | the health examination or the immunization as required, then |
19 | | the child shall be examined or receive the immunization, as |
20 | | the case may be, and present proof by October 15 of the current |
21 | | school year, or by an earlier date of the current school year |
22 | | established by a school district. To establish a date before |
23 | | October 15 of the current school year for the health |
24 | | examination or immunization as required, a school district |
25 | | must give notice of the requirements of this Section 60 days |
26 | | prior to the earlier established date. If for medical reasons |
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1 | | one or more of the required immunizations must be given after |
2 | | October 15 of the current school year, or after an earlier |
3 | | established date of the current school year, then the child |
4 | | shall present, by October 15, or by the earlier established |
5 | | date, a schedule for the administration of the immunizations |
6 | | and a statement of the medical reasons causing the delay, both |
7 | | the schedule and the statement being issued by the physician, |
8 | | advanced practice registered nurse, physician assistant, |
9 | | registered nurse, or local health department that will be |
10 | | responsible for administration of the remaining required |
11 | | immunizations. If a child does not comply by October 15, or by |
12 | | the earlier established date of the current school year, with |
13 | | the requirements of this subsection, then the local school |
14 | | authority shall exclude that child from school until such time |
15 | | as the child presents proof of having had the health |
16 | | examination as required and presents proof of having received |
17 | | those required immunizations which are medically possible to |
18 | | receive immediately. During a child's exclusion from school |
19 | | for noncompliance with this subsection, the child's parents or |
20 | | legal guardian shall be considered in violation of Section |
21 | | 26-1 and subject to any penalty imposed by Section 26-10. This |
22 | | subsection (5) does not apply to dental examinations, eye |
23 | | examinations, and the developmental screening and the social |
24 | | and emotional screening portions of the health examination. If |
25 | | the student is an out-of-state transfer student and does not |
26 | | have the proof required under this subsection (5) before |
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1 | | October 15 of the current year or whatever date is set by the |
2 | | school district, then he or she may only attend classes (i) if |
3 | | he or she has proof that an appointment for the required |
4 | | vaccinations has been scheduled with a party authorized to |
5 | | submit proof of the required vaccinations. If the proof of |
6 | | vaccination required under this subsection (5) is not |
7 | | submitted within 30 days after the student is permitted to |
8 | | attend classes, then the student is not to be permitted to |
9 | | attend classes until proof of the vaccinations has been |
10 | | properly submitted. No school district or employee of a school |
11 | | district shall be held liable for any injury or illness to |
12 | | another person that results from admitting an out-of-state |
13 | | transfer student to class that has an appointment scheduled |
14 | | pursuant to this subsection (5). |
15 | | (6) Every school shall report to the State Board of |
16 | | Education by November 15, in the manner which that agency |
17 | | shall require, the number of children who have received the |
18 | | necessary immunizations and the health examination (other than |
19 | | a dental examination or eye examination) as required, |
20 | | indicating, of those who have not received the immunizations |
21 | | and examination as required, the number of children who are |
22 | | exempt from health examination and immunization requirements |
23 | | on religious or medical grounds as provided in subsection (8). |
24 | | On or before December 1 of each year, every public school |
25 | | district and registered nonpublic school shall make publicly |
26 | | available the immunization data they are required to submit to |
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1 | | the State Board of Education by November 15. The immunization |
2 | | data made publicly available must be identical to the data the |
3 | | school district or school has reported to the State Board of |
4 | | Education. |
5 | | Every school shall report to the State Board of Education |
6 | | by June 30, in the manner that the State Board requires, the |
7 | | number of children who have received the required dental |
8 | | examination, indicating, of those who have not received the |
9 | | required dental examination, the number of children who are |
10 | | exempt from the dental examination on religious grounds as |
11 | | provided in subsection (8) of this Section and the number of |
12 | | children who have received a waiver under subsection (1.5) of |
13 | | this Section. |
14 | | Every school shall report to the State Board of Education |
15 | | by June 30, in the manner that the State Board requires, the |
16 | | number of children who have received the required eye |
17 | | examination, indicating, of those who have not received the |
18 | | required eye examination, the number of children who are |
19 | | exempt from the eye examination as provided in subsection (8) |
20 | | of this Section, the number of children who have received a |
21 | | waiver under subsection (1.10) of this Section, and the total |
22 | | number of children in noncompliance with the eye examination |
23 | | requirement. |
24 | | The reported information under this subsection (6) shall |
25 | | be provided to the Department of Public Health by the State |
26 | | Board of Education. |
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1 | | (7) Upon determining that the number of pupils who are |
2 | | required to be in compliance with subsection (5) of this |
3 | | Section is below 90% of the number of pupils enrolled in the |
4 | | school district, 10% of each State aid payment made pursuant |
5 | | to Section 18-8.05 or 18-8.15 to the school district for such |
6 | | year may be withheld by the State Board of Education until the |
7 | | number of students in compliance with subsection (5) is the |
8 | | applicable specified percentage or higher. |
9 | | (8) Children of parents or legal guardians who object to |
10 | | health, dental, or eye examinations or any part thereof, to |
11 | | immunizations, or to vision and hearing screening tests on |
12 | | religious grounds shall not be required to undergo the |
13 | | examinations, tests, or immunizations to which they so object |
14 | | if such parents or legal guardians present to the appropriate |
15 | | local school authority a signed Certificate of Religious |
16 | | Exemption detailing the grounds for objection and the specific |
17 | | immunizations, tests, or examinations to which they object. |
18 | | The grounds for objection must set forth the specific |
19 | | religious belief that conflicts with the examination, test, |
20 | | immunization, or other medical intervention. The signed |
21 | | certificate shall also reflect the parent's or legal |
22 | | guardian's understanding of the school's exclusion policies in |
23 | | the case of a vaccine-preventable disease outbreak or |
24 | | exposure. The certificate must also be signed by the |
25 | | authorized examining health care provider responsible for the |
26 | | performance of the child's health examination confirming that |
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1 | | the provider provided education to the parent or legal |
2 | | guardian on the benefits of immunization and the health risks |
3 | | to the student and to the community of the communicable |
4 | | diseases for which immunization is required in this State. |
5 | | However, the health care provider's signature on the |
6 | | certificate reflects only that education was provided and does |
7 | | not allow a health care provider grounds to determine a |
8 | | religious exemption. Those receiving immunizations required |
9 | | under this Code shall be provided with the relevant vaccine |
10 | | information statements that are required to be disseminated by |
11 | | the federal National Childhood Vaccine Injury Act of 1986, |
12 | | which may contain information on circumstances when a vaccine |
13 | | should not be administered, prior to administering a vaccine. |
14 | | A healthcare provider may consider including without |
15 | | limitation the nationally accepted recommendations from |
16 | | federal agencies such as the Advisory Committee on |
17 | | Immunization Practices, the information outlined in the |
18 | | relevant vaccine information statement, and vaccine package |
19 | | inserts, along with the healthcare provider's clinical |
20 | | judgment, to determine whether any child may be more |
21 | | susceptible to experiencing an adverse vaccine reaction than |
22 | | the general population, and, if so, the healthcare provider |
23 | | may exempt the child from an immunization or adopt an |
24 | | individualized immunization schedule. The Certificate of |
25 | | Religious Exemption shall be created by the Department of |
26 | | Public Health and shall be made available and used by parents |
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1 | | and legal guardians by the beginning of the 2015-2016 school |
2 | | year. Parents or legal guardians must submit the Certificate |
3 | | of Religious Exemption to their local school authority prior |
4 | | to entering kindergarten, sixth grade, and ninth grade for |
5 | | each child for which they are requesting an exemption. The |
6 | | religious objection stated need not be directed by the tenets |
7 | | of an established religious organization. However, general |
8 | | philosophical or moral reluctance to allow physical |
9 | | examinations, eye examinations, immunizations, vision and |
10 | | hearing screenings, or dental examinations does not provide a |
11 | | sufficient basis for an exception to statutory requirements. |
12 | | The local school authority is responsible for determining if |
13 | | the content of the Certificate of Religious Exemption |
14 | | constitutes a valid religious objection. The local school |
15 | | authority shall inform the parent or legal guardian of |
16 | | exclusion procedures, in accordance with the Department's |
17 | | rules under Part 690 of Title 77 of the Illinois |
18 | | Administrative Code, at the time the objection is presented. |
19 | | If the physical condition of the child is such that any one |
20 | | or more of the immunizing agents should not be administered, |
21 | | the examining physician, advanced practice registered nurse, |
22 | | or physician assistant responsible for the performance of the |
23 | | health examination shall endorse that fact upon the health |
24 | | examination form. |
25 | | Exempting a child from the health, dental, or eye |
26 | | examination does not exempt the child from participation in |
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1 | | the program of physical education training provided in |
2 | | Sections 27-5 through 27-7 of this Code. |
3 | | (8.5) The school board of a school district shall include |
4 | | informational materials regarding influenza and influenza |
5 | | vaccinations and meningococcal disease and meningococcal |
6 | | vaccinations developed, provided, or approved by the |
7 | | Department of Public Health under Section 2310-700 of the |
8 | | Department of Public Health Powers and Duties Law of the Civil |
9 | | Administrative Code of Illinois when the board provides |
10 | | information on immunizations, infectious diseases, |
11 | | medications, or other school health issues to the parents or |
12 | | guardians of students. |
13 | | (9) For the purposes of this Section, "nursery schools" |
14 | | means those nursery schools operated by elementary school |
15 | | systems or secondary level school units or institutions of |
16 | | higher learning. |
17 | | (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; |
18 | | 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. |
19 | | 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, |
20 | | eff. 7-12-19; 101-643, eff. 6-18-20.) |