Full Text of SB0641 95th General Assembly
SB0641eng 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. For the purposes of this Section, a separate eye | 3 |
| examination is included as a part of the health examination | 4 |
| required within one year prior to entering kindergarten or the | 5 |
| first grade, whichever grade the child first enters, of any | 6 |
| public, private, or parochial elementary school. Additional | 7 |
| health examinations of pupils, including eye
vision | 8 |
| examinations in other grades , may be required when deemed | 9 |
| necessary by school
authorities. Parents are encouraged to have | 10 |
| their children undergo eye
vision examinations in other grades | 11 |
| at the same points in time required for health
examinations.
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| (1.5) In compliance with rules adopted by the Department of | 13 |
| Public Health and except as otherwise provided in this Section, | 14 |
| all children in kindergarten and the second and sixth grades of | 15 |
| any public, private, or parochial school shall have a dental | 16 |
| examination. Each of these children shall present proof of | 17 |
| having been examined by a dentist in accordance with this | 18 |
| Section and rules adopted under this Section before May 15th of | 19 |
| the school year. If a child in the second or sixth grade fails | 20 |
| to present proof by May 15th, the school may hold the child's | 21 |
| report card until one of the following occurs: (i) the child | 22 |
| presents proof of a completed dental examination or (ii) the | 23 |
| child presents proof that a dental examination will take place | 24 |
| within 60 days after May 15th. The Department of Public Health | 25 |
| shall establish, by rule, a waiver for children who show an | 26 |
| undue burden or a lack of access to a dentist. Each public, |
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| private, and parochial school must give notice of this dental | 2 |
| examination requirement to the parents and guardians of | 3 |
| students at least 60 days before May 15th of each school year.
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| (2) The Department of Public Health shall promulgate rules | 5 |
| and regulations
specifying the examinations and procedures | 6 |
| that constitute a health examination, which shall include the | 7 |
| collection of data relating to obesity ,
( including at a | 8 |
| minimum, date of birth, gender, height, weight, blood pressure, | 9 |
| and date of exam ) ,
and a dental examination and may recommend | 10 |
| by rule that certain additional examinations be performed.
The | 11 |
| rules and regulations of the Department of Public Health shall | 12 |
| specify that
a tuberculosis skin test screening shall be | 13 |
| included as a required part of each
health examination included | 14 |
| under this Section if the child resides in an area
designated | 15 |
| by the Department of Public Health as having a high incidence | 16 |
| of
tuberculosis.
The Department of Public Health shall specify | 17 |
| that a diabetes
screening as defined by rule shall be included | 18 |
| as a required part of each
health examination.
Diabetes testing | 19 |
| is not required.
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| Physicians licensed to practice medicine in all of its | 21 |
| branches, advanced
practice nurses who have a written | 22 |
| collaborative agreement with
a collaborating physician which | 23 |
| authorizes them to perform health
examinations, or physician | 24 |
| assistants who have been delegated the
performance of health | 25 |
| examinations by their supervising physician
shall be
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| responsible for the performance of the health examinations, |
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| other than dental
examinations and vision and hearing | 2 |
| screening, and shall sign all report forms
required by | 3 |
| subsection (4) of this Section that pertain to those portions | 4 |
| of
the health examination for which the physician, advanced | 5 |
| practice nurse, or
physician assistant is responsible.
If a | 6 |
| registered
nurse performs any part of a health examination, | 7 |
| then a physician licensed to
practice medicine in all of its | 8 |
| branches must review and sign all required
report forms. | 9 |
| Licensed dentists shall perform all dental examinations and
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| shall sign all report forms required by subsection (4) of this | 11 |
| Section that
pertain to the dental examinations. Physicians | 12 |
| licensed to practice medicine
in all its branches, or licensed | 13 |
| optometrists, shall perform all eye examinations
vision exams
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| required by this Section or by school authorities in accordance | 15 |
| with the minimum standards set forth in rules adopted under the | 16 |
| Illinois Optometric Practice Act of 1987 as they pertain to | 17 |
| children and shall sign all report forms required by
subsection | 18 |
| (4) of this Section that pertain to the eye examination
vision | 19 |
| exam . Vision and
hearing screening tests, which shall not be | 20 |
| considered examinations as that
term is used in this Section, | 21 |
| shall be conducted in accordance with rules and
regulations of | 22 |
| the Department of Public Health, and by individuals whom the
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| Department of Public Health has certified.
In these rules and | 24 |
| regulations, the Department of Public Health shall
require that | 25 |
| individuals conducting vision screening tests give a child's
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| parent or guardian written notification, before the vision |
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| screening is
conducted, that states, "Vision screening is not a | 2 |
| substitute for a
complete eye and vision evaluation by an eye | 3 |
| doctor. Your child is not
required to undergo this vision | 4 |
| screening if an optometrist or
ophthalmologist has completed | 5 |
| and signed a report form indicating that
an examination has | 6 |
| been administered within the previous 12 months."
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| (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.
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| (4) The individuals conducting the health examination or | 15 |
| dental examination shall record the
fact of having conducted | 16 |
| the examination, and such additional information as
required, | 17 |
| including for a health examination data relating to obesity ,
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| ( including at a minimum, date of birth, gender, height, weight, | 19 |
| blood pressure, and date of exam ) , on uniform forms which the | 20 |
| Department of Public Health and the State
Board of Education | 21 |
| shall prescribe for statewide use. The examiner shall
summarize | 22 |
| on the report form any condition that he or she suspects | 23 |
| indicates a
need for special services, including for a health | 24 |
| examination factors relating to obesity. The individuals | 25 |
| confirming the administration of
required immunizations shall | 26 |
| record as indicated on the form that the
immunizations were |
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| administered.
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| (5) If a child does not submit proof of having had either | 3 |
| the health
examination or the immunization as required, then | 4 |
| the child shall be examined
or receive the immunization, as the | 5 |
| case may be, and present proof by October
15 of the current | 6 |
| 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 | 8 |
| October 15 of the
current school year for the health | 9 |
| examination or immunization as required, a
school district must | 10 |
| give notice of the requirements of this Section 60 days
prior | 11 |
| to the earlier established date. If for medical reasons one or | 12 |
| more of
the required immunizations must be given after October | 13 |
| 15 of the current school
year, or after an earlier established | 14 |
| date of the current school year, then
the child shall present, | 15 |
| by October 15, or by the earlier established date, a
schedule | 16 |
| for the administration of the immunizations and a statement of | 17 |
| the
medical reasons causing the delay, both the schedule and | 18 |
| the statement being
issued by the physician, advanced practice | 19 |
| nurse, physician assistant,
registered nurse, or local health | 20 |
| department that will
be responsible for administration of the | 21 |
| remaining required immunizations. If
a child does not comply by | 22 |
| October 15, or by the earlier established date of
the current | 23 |
| school year, with the requirements of this subsection, then the
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| local school authority shall exclude that child from school | 25 |
| until such time as
the child presents proof of having had the | 26 |
| health examination as required and
presents proof of having |
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| received those required immunizations which are
medically | 2 |
| possible to receive immediately. During a child's exclusion | 3 |
| from
school for noncompliance with this subsection, the child's | 4 |
| parents or legal
guardian shall be considered in violation of | 5 |
| Section 26-1 and subject to any
penalty imposed by Section | 6 |
| 26-10. This subsection (5) does not apply to dental | 7 |
| examinations.
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| (6) Every school shall report to the State Board of | 9 |
| Education by November
15, in the manner which that agency shall | 10 |
| require, the number of children who
have received the necessary | 11 |
| immunizations and the health examination (other than a dental | 12 |
| examination) as
required, indicating, of those who have not | 13 |
| received the immunizations and
examination as required, the | 14 |
| number of children who are exempt from health
examination and | 15 |
| immunization requirements on religious or medical grounds as
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| provided in subsection (8). Every school shall report to the | 17 |
| State Board of Education by June 30, in the manner that the | 18 |
| State Board requires, the number of children who have received | 19 |
| the required dental examination, indicating, of those who have | 20 |
| not received the required dental examination, the number of | 21 |
| children who are exempt from the dental examination on | 22 |
| religious grounds as provided in subsection (8) of this Section | 23 |
| and the number of children who have received a waiver under | 24 |
| subsection (1.5) of this Section. This reported information | 25 |
| shall be provided to the
Department of Public Health by the | 26 |
| State Board of Education.
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| (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 to | 5 |
| Section 18-8.05 to the school district for such year shall be | 6 |
| withheld
by the regional superintendent until the number of | 7 |
| students in compliance with
subsection (5) is the applicable | 8 |
| specified percentage or higher.
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| (8) Parents or legal guardians who object to health
or | 10 |
| dental examinations or any part thereof, or to immunizations, | 11 |
| on religious grounds
shall not be required to submit their | 12 |
| children or wards to the examinations
or immunizations to which | 13 |
| they so object if such parents or legal guardians
present to | 14 |
| the appropriate local school authority a signed statement of
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| objection, detailing the grounds for the objection. If the | 16 |
| physical condition
of the child is such that any one or more of | 17 |
| the immunizing agents should not
be administered, the examining | 18 |
| physician, advanced practice nurse, or
physician assistant | 19 |
| responsible for the performance of the
health examination shall | 20 |
| endorse that fact upon the health examination form.
Exempting a | 21 |
| child from the health or dental examination does not exempt the | 22 |
| child from
participation in the program of physical education | 23 |
| training provided in
Sections 27-5 through 27-7 of this Code.
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| (9) For the purposes of this Section, "nursery schools" | 25 |
| means those nursery
schools operated by elementary school | 26 |
| systems or secondary level school units
or institutions of |
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| higher learning.
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| (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | 3 |
| 93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; | 4 |
| revised 12-1-05.)
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| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.31 as follows: | 7 |
| (30 ILCS 805/8.31 new) | 8 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2008.
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