HB1493 EngrossedLRB099 06196 NHT 26255 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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,
17immediately prior to or upon entrance into any public, private,
18or parochial school or nursery school, each child shall present
19proof of having been examined in accordance with this Section
20and the rules and regulations promulgated hereunder. Any child
21who received a health examination within one year prior to
22entering the fifth grade for the 2007-2008 school year is not
23required to receive an additional health examination in order

 

 

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1to comply with the provisions of Public Act 95-422 when he or
2she attends school for the 2008-2009 school year, unless the
3child is attending school for the first time as provided in
4this paragraph.
5    A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to have
12their children undergo eye examinations at the same points in
13time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department of
15Public Health and except as otherwise provided in this Section,
16all children in kindergarten and the second and sixth grades of
17any public, private, or parochial school shall have a dental
18examination. Each of these children shall present proof of
19having been examined by a dentist in accordance with this
20Section and rules adopted under this Section before May 15th of
21the school year. If a child in the second or sixth grade fails
22to present proof by May 15th, the school may hold the child's
23report card until one of the following occurs: (i) the child
24presents proof of a completed dental examination or (ii) the
25child presents proof that a dental examination will take place
26within 60 days after May 15th. The Department of Public Health

 

 

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1shall establish, by rule, a waiver for children who show an
2undue burden or a lack of access to a dentist. Each public,
3private, and parochial school must give notice of this dental
4examination requirement to the parents and guardians of
5students at least 60 days before May 15th of each school year.
6    (1.10) Except as otherwise provided in this Section, all
7children enrolling in kindergarten in a public, private, or
8parochial school on or after the effective date of this
9amendatory Act of the 95th General Assembly and any student
10enrolling for the first time in a public, private, or parochial
11school on or after the effective date of this amendatory Act of
12the 95th General Assembly shall have an eye examination. Each
13of these children shall present proof of having been examined
14by a physician licensed to practice medicine in all of its
15branches or a licensed optometrist within the previous year, in
16accordance with this Section and rules adopted under this
17Section, before October 15th of the school year. If the child
18fails to present proof by October 15th, the school may hold the
19child's report card until one of the following occurs: (i) the
20child presents proof of a completed eye examination or (ii) the
21child presents proof that an eye examination will take place
22within 60 days after October 15th. The Department of Public
23Health shall establish, by rule, a waiver for children who show
24an undue burden or a lack of access to a physician licensed to
25practice medicine in all of its branches who provides eye
26examinations or to a licensed optometrist. Each public,

 

 

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1private, and parochial school must give notice of this eye
2examination requirement to the parents and guardians of
3students in compliance with rules of the Department of Public
4Health. Nothing in this Section shall be construed to allow a
5school to exclude a child from attending because of a parent's
6or guardian's failure to obtain an eye examination for the
7child.
8    (2) The Department of Public Health shall promulgate rules
9and regulations specifying the examinations and procedures
10that constitute a health examination, which shall include a
11mental health examination and the collection of data relating
12to obesity (including at a minimum, date of birth, gender,
13height, weight, blood pressure, and date of exam), and a dental
14examination and may recommend by rule that certain additional
15examinations be performed. The rules and regulations of the
16Department of Public Health shall specify that a tuberculosis
17skin test screening shall be included as a required part of
18each health examination included under this Section if the
19child resides in an area designated by the Department of Public
20Health as having a high incidence of tuberculosis. The
21Department of Public Health shall specify that a diabetes
22screening as defined by rule shall be included as a required
23part of each health examination. Diabetes testing is not
24required.
25    Physicians licensed to practice medicine in all of its
26branches, advanced practice nurses who have a written

 

 

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1collaborative agreement with a collaborating physician which
2authorizes them to perform health examinations, or physician
3assistants who have been delegated the performance of health
4examinations by their supervising physician shall be
5responsible for the performance of the health examinations,
6other than dental examinations, eye examinations, and vision
7and hearing screening, and shall sign all report forms required
8by subsection (4) of this Section that pertain to those
9portions of the health examination for which the physician,
10advanced practice nurse, or physician assistant is
11responsible. If a registered nurse performs any part of a
12health examination, then a physician licensed to practice
13medicine in all of its branches must review and sign all
14required report forms. Licensed dentists shall perform all
15dental examinations and shall sign all report forms required by
16subsection (4) of this Section that pertain to the dental
17examinations. Physicians licensed to practice medicine in all
18its branches or licensed optometrists shall perform all eye
19examinations required by this Section and shall sign all report
20forms required by subsection (4) of this Section that pertain
21to the eye examination. For purposes of this Section, an eye
22examination shall at a minimum include history, visual acuity,
23subjective refraction to best visual acuity near and far,
24internal and external examination, and a glaucoma evaluation,
25as well as any other tests or observations that in the
26professional judgment of the doctor are necessary. Vision and

 

 

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1hearing screening tests, which shall not be considered
2examinations as that term is used in this Section, shall be
3conducted in accordance with rules and regulations of the
4Department of Public Health, and by individuals whom the
5Department of Public Health has certified. In these rules and
6regulations, the Department of Public Health shall require that
7individuals conducting vision screening tests give a child's
8parent or guardian written notification, before the vision
9screening is conducted, that states, "Vision screening is not a
10substitute for a complete eye and vision evaluation by an eye
11doctor. Your child is not required to undergo this vision
12screening if an optometrist or ophthalmologist has completed
13and signed a report form indicating that an examination has
14been administered within the previous 12 months."
15    (3) Every child shall, at or about the same time as he or
16she receives a health examination required by subsection (1) of
17this Section, present to the local school proof of having
18received such immunizations against preventable communicable
19diseases as the Department of Public Health shall require by
20rules and regulations promulgated pursuant to this Section and
21the Communicable Disease Prevention Act.
22    (4) The individuals conducting the health examination,
23dental examination, or eye examination shall record the fact of
24having conducted the examination, and such additional
25information as required, including for a health examination
26data relating to obesity (including at a minimum, date of

 

 

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1birth, gender, height, weight, blood pressure, and date of
2exam), on uniform forms which the Department of Public Health
3and the State Board of Education shall prescribe for statewide
4use. The examiner shall summarize on the report form any
5condition that he or she suspects indicates a need for special
6services, including for a health examination factors relating
7to obesity. The individuals confirming the administration of
8required immunizations shall record as indicated on the form
9that the immunizations were administered.
10    (5) If a child does not submit proof of having had either
11the health examination or the immunization as required, then
12the child shall be examined or receive the immunization, as the
13case may be, and present proof by October 15 of the current
14school year, or by an earlier date of the current school year
15established by a school district. To establish a date before
16October 15 of the current school year for the health
17examination or immunization as required, a school district must
18give notice of the requirements of this Section 60 days prior
19to the earlier established date. If for medical reasons one or
20more of the required immunizations must be given after October
2115 of the current school year, or after an earlier established
22date of the current school year, then the child shall present,
23by October 15, or by the earlier established date, a schedule
24for the administration of the immunizations and a statement of
25the medical reasons causing the delay, both the schedule and
26the statement being issued by the physician, advanced practice

 

 

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1nurse, physician assistant, registered nurse, or local health
2department that will be responsible for administration of the
3remaining required immunizations. If a child does not comply by
4October 15, or by the earlier established date of the current
5school year, with the requirements of this subsection, then the
6local school authority shall exclude that child from school
7until such time as the child presents proof of having had the
8health examination as required and presents proof of having
9received those required immunizations which are medically
10possible to receive immediately. During a child's exclusion
11from school for noncompliance with this subsection, the child's
12parents or legal guardian shall be considered in violation of
13Section 26-1 and subject to any penalty imposed by Section
1426-10. This subsection (5) does not apply to dental
15examinations and eye examinations. If the student is an
16out-of-state transfer student and does not have the proof
17required under this subsection (5) before October 15 of the
18current year or whatever date is set by the school district,
19then he or she may only attend classes (i) if he or she has
20proof that an appointment for the required vaccinations has
21been scheduled with a party authorized to submit proof of the
22required vaccinations. If the proof of vaccination required
23under this subsection (5) is not submitted within 30 days after
24the student is permitted to attend classes, then the student is
25not to be permitted to attend classes until proof of the
26vaccinations has been properly submitted. No school district or

 

 

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1employee of a school district shall be held liable for any
2injury or illness to another person that results from admitting
3an out-of-state transfer student to class that has an
4appointment scheduled pursuant to this subsection (5).
5    (6) Every school shall report to the State Board of
6Education by November 15, in the manner which that agency shall
7require, the number of children who have received the necessary
8immunizations and the health examination (other than a dental
9examination or eye examination) as required, indicating, of
10those who have not received the immunizations and examination
11as required, the number of children who are exempt from health
12examination and immunization requirements on religious or
13medical grounds as provided in subsection (8). On or before
14December 1 of each year, every public school district and
15registered nonpublic school shall make publicly available the
16immunization data they are required to submit to the State
17Board of Education by November 15. The immunization data made
18publicly available must be identical to the data the school
19district or school has reported to the State Board of
20Education.
21    Every school shall report to the State Board of Education
22by June 30, in the manner that the State Board requires, the
23number of children who have received the required dental
24examination, indicating, of those who have not received the
25required dental examination, the number of children who are
26exempt from the dental examination on religious grounds as

 

 

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1provided in subsection (8) of this Section and the number of
2children who have received a waiver under subsection (1.5) of
3this Section.
4    Every school shall report to the State Board of Education
5by June 30, in the manner that the State Board requires, the
6number of children who have received the required eye
7examination, indicating, of those who have not received the
8required eye examination, the number of children who are exempt
9from the eye examination as provided in subsection (8) of this
10Section, the number of children who have received a waiver
11under subsection (1.10) of this Section, and the total number
12of children in noncompliance with the eye examination
13requirement.
14    The reported information under this subsection (6) shall be
15provided to the Department of Public Health by the State Board
16of Education.
17    (7) Upon determining that the number of pupils who are
18required to be in compliance with subsection (5) of this
19Section is below 90% of the number of pupils enrolled in the
20school district, 10% of each State aid payment made pursuant to
21Section 18-8.05 to the school district for such year may be
22withheld by the State Board of Education until the number of
23students in compliance with subsection (5) is the applicable
24specified percentage or higher.
25    (8) Parents or legal guardians who object to health,
26dental, or eye examinations or any part thereof, or to

 

 

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1immunizations, on religious grounds shall not be required to
2submit their children or wards to the examinations or
3immunizations to which they so object if such parents or legal
4guardians present to the appropriate local school authority a
5signed statement of objection, detailing the grounds for the
6objection. If the physical condition of the child is such that
7any one or more of the immunizing agents should not be
8administered, the examining physician, advanced practice
9nurse, or physician assistant responsible for the performance
10of the health examination shall endorse that fact upon the
11health examination form. Exempting a child from the health,
12dental, or eye examination does not exempt the child from
13participation in the program of physical education training
14provided in Sections 27-5 through 27-7 of this Code.
15    (9) For the purposes of this Section, "nursery schools"
16means those nursery schools operated by elementary school
17systems or secondary level school units or institutions of
18higher learning.
19(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
20eff. 6-30-14.)