Full Text of HB0640 96th General Assembly
HB0640 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0640
Introduced 2/6/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/27-8.1 |
from Ch. 122, par. 27-8.1 |
|
Amends the School Code. Requires all children in the third and seventh grades of any public, private, or parochial school to have a scoliosis screening. Provides that each of these children shall present proof of having been examined by a chiropractor before May 15th of the school year. Provides that the Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a chiropractor. Requires each public, private, and parochial school to give notice of this scoliosis screening requirement to the parents and guardians of students at least 60 days before May 15th of each school year. Effective July 1, 2009.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB0640 |
|
LRB096 08328 NHT 18437 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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, | 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. Any child | 21 |
| who received a health examination within one year prior to | 22 |
| entering the fifth grade for the 2007-2008 school year is not | 23 |
| required to receive an additional health examination in order |
|
|
|
HB0640 |
- 2 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| to comply with the provisions of Public Act 95-422 when he or | 2 |
| she attends school for the 2008-2009 school year, unless the | 3 |
| child is attending school for the first time as provided in | 4 |
| this paragraph.
| 5 |
| A tuberculosis skin test screening shall be included as a | 6 |
| required part of
each health examination included under this | 7 |
| Section if the child resides in an
area designated by the | 8 |
| Department of Public Health as having a high incidence
of | 9 |
| tuberculosis. Additional health examinations of pupils, | 10 |
| including eye examinations, may be required when deemed | 11 |
| necessary by school
authorities. Parents are encouraged to have | 12 |
| their children undergo eye examinations at the same points in | 13 |
| time required for health
examinations.
| 14 |
| (1.5) In compliance with rules adopted by the Department of | 15 |
| Public Health and except as otherwise provided in this Section, | 16 |
| all children in kindergarten and the second and sixth grades of | 17 |
| any public, private, or parochial school shall have a dental | 18 |
| examination. Each of these children shall present proof of | 19 |
| having been examined by a dentist in accordance with this | 20 |
| Section and rules adopted under this Section before May 15th of | 21 |
| the school year. If a child in the second or sixth grade fails | 22 |
| to present proof by May 15th, the school may hold the child's | 23 |
| report card until one of the following occurs: (i) the child | 24 |
| presents proof of a completed dental examination or (ii) the | 25 |
| child presents proof that a dental examination will take place | 26 |
| within 60 days after May 15th. The Department of Public Health |
|
|
|
HB0640 |
- 3 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| shall establish, by rule, a waiver for children who show an | 2 |
| undue burden or a lack of access to a dentist. Each public, | 3 |
| private, and parochial school must give notice of this dental | 4 |
| examination requirement to the parents and guardians of | 5 |
| students at least 60 days before May 15th of each school year.
| 6 |
| (1.10) Except as otherwise provided in this Section, all | 7 |
| children enrolling in kindergarten in a public, private, or | 8 |
| parochial school on or after the effective date of this | 9 |
| amendatory Act of the 95th General Assembly and any student | 10 |
| enrolling for the first time in a public, private, or parochial | 11 |
| school on or after the effective date of this amendatory Act of | 12 |
| the 95th General Assembly shall have an eye examination. Each | 13 |
| of these children shall present proof of having been examined | 14 |
| by a physician licensed to practice medicine in all of its | 15 |
| branches or a licensed optometrist within the previous year, in | 16 |
| accordance with this Section and rules adopted under this | 17 |
| Section, before October 15th of the school year. If the child | 18 |
| fails to present proof by October 15th, the school may hold the | 19 |
| child's report card until one of the following occurs: (i) the | 20 |
| child presents proof of a completed eye examination or (ii) the | 21 |
| child presents proof that an eye examination will take place | 22 |
| within 60 days after October 15th. The Department of Public | 23 |
| Health shall establish, by rule, a waiver for children who show | 24 |
| an undue burden or a lack of access to a physician licensed to | 25 |
| practice medicine in all of its branches who provides eye | 26 |
| examinations or to a licensed optometrist. Each public, |
|
|
|
HB0640 |
- 4 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| private, and parochial school must give notice of this eye | 2 |
| examination requirement to the parents and guardians of | 3 |
| students in compliance with rules of the Department of Public | 4 |
| Health. Nothing in this Section shall be construed to allow a | 5 |
| school to exclude a child from attending because of a parent's | 6 |
| or guardian's failure to obtain an eye examination for the | 7 |
| child.
| 8 |
| (1.15) In compliance with rules adopted by the Department | 9 |
| of Public Health and except as otherwise provided in this | 10 |
| Section, all children in the third and seventh grades of any | 11 |
| public, private, or parochial school shall have a scoliosis | 12 |
| screening. Each of these children shall present proof of having | 13 |
| been examined by a chiropractor in accordance with this Section | 14 |
| and rules adopted under this Section before May 15th of the | 15 |
| school year. If a child in the third or seventh grade fails to | 16 |
| present proof by May 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 scoliosis screening or (ii) the | 19 |
| child presents proof that a scoliosis screening will take place | 20 |
| within 60 days after May 15th. The Department of Public Health | 21 |
| shall establish, by rule, a waiver for children who show an | 22 |
| undue burden or a lack of access to a chiropractor. Each | 23 |
| public, private, and parochial school must give notice of this | 24 |
| scoliosis screening requirement to the parents and guardians of | 25 |
| students at least 60 days before May 15th of each school year. | 26 |
| (2) The Department of Public Health shall promulgate rules |
|
|
|
HB0640 |
- 5 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| and regulations
specifying the examinations and procedures | 2 |
| that constitute a health examination, which shall include the | 3 |
| collection of data relating to obesity
(including at a minimum, | 4 |
| date of birth, gender, height, weight, blood pressure, and date | 5 |
| of exam),
and a dental examination , and a scoliosis screening | 6 |
| and may recommend by rule that certain additional examinations | 7 |
| be performed.
The rules and regulations of the Department of | 8 |
| Public Health shall specify that
a tuberculosis skin test | 9 |
| screening shall be included as a required part of each
health | 10 |
| examination included under this Section if the child resides in | 11 |
| an area
designated by the Department of Public Health as having | 12 |
| a high incidence of
tuberculosis.
The Department of Public | 13 |
| Health shall specify that a diabetes
screening as defined by | 14 |
| rule shall be included as a required part of each
health | 15 |
| examination.
Diabetes testing is not required.
| 16 |
| Physicians licensed to practice medicine in all of its | 17 |
| branches, advanced
practice nurses who have a written | 18 |
| collaborative agreement with
a collaborating physician which | 19 |
| authorizes them to perform health
examinations, or physician | 20 |
| assistants who have been delegated the
performance of health | 21 |
| examinations by their supervising physician
shall be
| 22 |
| responsible for the performance of the health examinations, | 23 |
| other than dental
examinations, eye examinations, scoliosis | 24 |
| screenings, and vision and hearing screening, and shall sign | 25 |
| all report forms
required by subsection (4) of this Section | 26 |
| that pertain to those portions of
the health examination for |
|
|
|
HB0640 |
- 6 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| which the physician, advanced practice nurse, or
physician | 2 |
| assistant is responsible.
If a registered
nurse performs any | 3 |
| part of a health examination, then a physician licensed to
| 4 |
| practice medicine in all of its branches must review and sign | 5 |
| all required
report forms. Licensed dentists shall perform all | 6 |
| dental examinations and
shall sign all report forms required by | 7 |
| subsection (4) of this Section that
pertain to the dental | 8 |
| examinations. Physicians licensed to practice medicine
in all | 9 |
| its branches or licensed optometrists shall perform all eye | 10 |
| examinations
required by this Section and shall sign all report | 11 |
| forms required by
subsection (4) of this Section that pertain | 12 |
| to the eye examination. For purposes of this Section, an eye | 13 |
| examination shall at a minimum include history, visual acuity, | 14 |
| subjective refraction to best visual acuity near and far, | 15 |
| internal and external examination, and a glaucoma evaluation, | 16 |
| as well as any other tests or observations that in the | 17 |
| professional judgment of the doctor are necessary. Licensed | 18 |
| chiropractors shall perform all scoliosis screenings and shall | 19 |
| sign all report forms required by subsection (4) of this | 20 |
| Section that pertain to scoliosis screenings. Vision and
| 21 |
| hearing screening tests, which shall not be considered | 22 |
| examinations as that
term is used in this Section, shall be | 23 |
| conducted in accordance with rules and
regulations of the | 24 |
| Department of Public Health, and by individuals whom the
| 25 |
| Department of Public Health has certified.
In these rules and | 26 |
| regulations, the Department of Public Health shall
require that |
|
|
|
HB0640 |
- 7 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| individuals conducting vision screening tests give a child's
| 2 |
| parent or guardian written notification, before the vision | 3 |
| screening is
conducted, that states, "Vision screening is not a | 4 |
| substitute for a
complete eye and vision evaluation by an eye | 5 |
| doctor. Your child is not
required to undergo this vision | 6 |
| screening if an optometrist or
ophthalmologist has completed | 7 |
| and signed a report form indicating that
an examination has | 8 |
| been administered within the previous 12 months."
| 9 |
| (3) Every child shall, at or about the same time as he or | 10 |
| she receives
a health examination required by subsection (1) of | 11 |
| this Section, present
to the local school proof of having | 12 |
| received such immunizations against
preventable communicable | 13 |
| diseases as the Department of Public Health shall
require by | 14 |
| rules and regulations promulgated pursuant to this Section and | 15 |
| the
Communicable Disease Prevention Act.
| 16 |
| (4) The individuals conducting the health examination,
| 17 |
| dental examination, or eye examination , or scoliosis screening | 18 |
| shall record the
fact of having conducted the examination or | 19 |
| screening , and such additional information as
required, | 20 |
| including for a health examination
data relating to obesity
| 21 |
| (including at a minimum, date of birth, gender, height, weight, | 22 |
| blood pressure, and date of exam), on uniform forms which the | 23 |
| Department of Public Health and the State
Board of Education | 24 |
| shall prescribe for statewide use. The examiner or screener | 25 |
| shall
summarize on the report form any condition that he or she | 26 |
| suspects indicates a
need for special services, including for a |
|
|
|
HB0640 |
- 8 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| health examination factors relating to obesity. 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
|
|
|
|
HB0640 |
- 9 - |
LRB096 08328 NHT 18437 b |
|
| 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 , and scoliosis screenings .
| 11 |
| (6) Every school shall report to the State Board of | 12 |
| Education by November
15, in the manner which that agency shall | 13 |
| require, the number of children who
have received the necessary | 14 |
| immunizations and the health examination (other than a dental | 15 |
| examination , or eye examination , or scoliosis screening ) as
| 16 |
| required, indicating, of those who have not received the | 17 |
| immunizations and
examination as required, the number of | 18 |
| children who are exempt from health
examination and | 19 |
| immunization requirements on religious or medical grounds as
| 20 |
| provided in subsection (8). Every school shall report to the | 21 |
| State Board of Education by June 30, in the manner that the | 22 |
| State Board requires, the number of children who have received | 23 |
| the required dental examination, indicating, of those who have | 24 |
| not received the required dental examination, the number of | 25 |
| children who are exempt from the dental examination on | 26 |
| religious grounds as provided in subsection (8) of this Section |
|
|
|
HB0640 |
- 10 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| and the number of children who have received a waiver under | 2 |
| subsection (1.5) of this Section. Every school shall report to | 3 |
| the State Board of Education by June 30, in the manner that the | 4 |
| State Board requires, the number of children who have received | 5 |
| the required eye examination, indicating, of those who have not | 6 |
| received the required eye examination, the number of children | 7 |
| who are exempt from the eye examination as provided in | 8 |
| subsection (8) of this Section, the number of children who have | 9 |
| received a waiver under subsection (1.10) of this Section, and | 10 |
| the total number of children in noncompliance with the eye | 11 |
| examination requirement. Every school shall report to the State | 12 |
| Board of Education by June 30, in the manner that the State | 13 |
| Board requires, the number of children who have receive the | 14 |
| required scoliosis screening, indicating, of those who have not | 15 |
| received the required scoliosis screening, the number of | 16 |
| children who are exempt from the scoliosis screening on | 17 |
| religious grounds as provided in subsection (8) of this Section | 18 |
| and the number of children who have received a waiver under | 19 |
| subsection (1.15) of this Section. This reported information | 20 |
| shall be provided to the
Department of Public Health by the | 21 |
| State Board of Education.
| 22 |
| (7) Upon determining that the number of pupils who are | 23 |
| required to be in
compliance with subsection (5) of this | 24 |
| Section is below 90% of the number of
pupils enrolled in the | 25 |
| school district, 10% of each State aid payment made
pursuant to | 26 |
| Section 18-8.05 to the school district for such year may be |
|
|
|
HB0640 |
- 11 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| withheld
by the State Board of Education until the number of | 2 |
| students in compliance with
subsection (5) is the applicable | 3 |
| specified percentage or higher.
| 4 |
| (8) Parents or legal guardians who object to health,
| 5 |
| dental, or eye examinations or any part thereof, or to | 6 |
| immunizations or scoliosis screenings , on religious grounds
| 7 |
| shall not be required to submit their children or wards to the | 8 |
| examinations
or immunizations to which they so object if such | 9 |
| parents or legal guardians
present to the appropriate local | 10 |
| school authority a signed statement of
objection, detailing the | 11 |
| grounds for the objection. If the physical condition
of the | 12 |
| child is such that any one or more of the immunizing agents | 13 |
| should not
be administered, the examining physician, advanced | 14 |
| practice nurse, or
physician assistant responsible for the | 15 |
| performance of the
health examination shall endorse that fact | 16 |
| upon the health examination form.
Exempting a child from the | 17 |
| health,
dental, or eye examination or scoliosis screening does | 18 |
| not exempt the child from
participation in the program of | 19 |
| physical education training provided in
Sections 27-5 through | 20 |
| 27-7 of this Code.
| 21 |
| (9) For the purposes of this Section, "nursery schools" | 22 |
| means those nursery
schools operated by elementary school | 23 |
| systems or secondary level school units
or institutions of | 24 |
| higher learning.
| 25 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07; | 26 |
| 95-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff. |
|
|
|
HB0640 |
- 12 - |
LRB096 08328 NHT 18437 b |
|
| 1 |
| 7-16-08; 95-876, eff. 8-21-08.)
| 2 |
| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2009.
|
|