State of Illinois
92nd General Assembly
Legislation

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92_HB3111

 
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 1        AN ACT relating to 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
 5    Section 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 that which
 9    the Department of Public Health shall promulgate, and  except
10    as  hereinafter provided, all children in Illinois shall have
11    a 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    fifth  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,
18    private,  or  parochial  school or nursery school, each child
19    shall present proof of having  been  examined  in  accordance
20    with  this  Section and the rules and regulations promulgated
21    hereunder.
22        A tuberculosis skin test screening shall be included as a
23    required part of each health examination included under  this
24    Section  if  the  child  resides in an area designated by the
25    Department of Public Health as having  a  high  incidence  of
26    tuberculosis.   Additional  health  examinations  of  pupils,
27    including  dental  and  vision  examinations, may be required
28    when deemed necessary by  school  authorities.   Parents  are
29    encouraged to have their children undergo dental examinations
30    at the same points in time required for health examinations.
31        (2)  The  Department  of  Public  Health shall promulgate
 
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 1    rules  and  regulations  specifying  the   examinations   and
 2    procedures  that  constitute  a  health  examination  and may
 3    recommend by rule that  certain  additional  examinations  be
 4    performed.    The  rules and regulations of the Department of
 5    Public Health shall specify that  a  tuberculosis  skin  test
 6    screening shall be included as a required part of each health
 7    examination  included under this Section if the child resides
 8    in an area designated by the Department of Public  Health  as
 9    having a high incidence of tuberculosis.
10        Physicians  licensed  to  practice medicine in all of its
11    branches shall be responsible  for  the  performance  of  the
12    health  examinations,  other  than  dental  examinations  and
13    vision and hearing screening, and shall sign all report forms
14    required  by  subsection  (4) of this Section that pertain to
15    those portions  of  the  health  examination  for  which  the
16    physician is responsible.  If a registered nurse performs any
17    part  of  a  health examination, then a physician licensed to
18    practice medicine in all of its branches must review and sign
19    all required report forms.  Licensed dentists  shall  perform
20    all  dental  examinations  and  shall  sign  all report forms
21    required by subsection (4) of this Section  that  pertain  to
22    the  dental  examinations.   Physicians  licensed to practice
23    medicine in all its branches, or licensed optometrists, shall
24    perform all vision exams required by school  authorities  and
25    shall  sign  all  report  forms required by subsection (4) of
26    this Section that pertain to the  vision  exam.   Vision  and
27    hearing  screening  tests,  which  shall  not  be  considered
28    examinations  as  that term is used in this Section, shall be
29    conducted in accordance with rules  and  regulations  of  the
30    Department  of  Public  Health,  and  by individuals whom the
31    Department of Public Health has certified.
32        (3)  Every child shall, at or about the same time  as  he
33    or  she  receives a health examination required by subsection
34    (1) of this Section, present to the  local  school  proof  of
 
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 1    having   received   such  immunizations  against  preventable
 2    communicable diseases as  the  Department  of  Public  Health
 3    shall  require  by rules and regulations promulgated pursuant
 4    to this Section and the Communicable Disease Prevention Act.
 5        (4)  The individuals conducting  the  health  examination
 6    shall  record  the  fact of having conducted the examination,
 7    and such additional information as required, on uniform forms
 8    which the Department of Public Health and the State Board  of
 9    Education  shall  prescribe  for statewide use.  The examiner
10    shall summarize on the report form any condition that  he  or
11    she  suspects  indicates  a  need  for special services.  The
12    individuals  confirming  the   administration   of   required
13    immunizations  shall record as indicated on the form that the
14    immunizations were administered.
15        (5)  If a child does  not  submit  proof  of  having  had
16    either   the   health  examination  or  the  immunization  as
17    required, then the child shall be  examined  or  receive  the
18    immunization,  as  the  case  may  be,  and  present proof by
19    October 15 of the current school year, or by an earlier  date
20    of  the current school year established by a school district.
21    To establish a date before October 15 of the  current  school
22    year  for the health examination or immunization as required,
23    a school district must give notice  of  the  requirements  of
24    this  Section  60 days prior to the earlier established date.
25    If  for  medical  reasons  one  or  more  of   the   required
26    immunizations  must  be given after October 15 of the current
27    school year, or after an  earlier  established  date  of  the
28    current school year, then the child shall present, by October
29    15,  or  by  the earlier established date, a schedule for the
30    administration of the immunizations and a  statement  of  the
31    medical  reasons causing the delay, both the schedule and the
32    statement being issued by the physician, registered nurse, or
33    local  health  department  that  will  be   responsible   for
34    administration of the remaining required immunizations.  If a
 
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 1    child  does  not  comply  by  October  15,  or by the earlier
 2    established  date  of  the  current  school  year,  with  the
 3    requirements  of  this  subsection,  then  the  local  school
 4    authority shall exclude that child  from  school  until  such
 5    time  as  the  child  presents proof of having had the health
 6    examination as required and presents proof of having received
 7    those required immunizations which are medically possible  to
 8    receive  immediately.  During a child's exclusion from school
 9    for noncompliance with this subsection, the  child's  parents
10    or legal guardian shall be considered in violation of Section
11    26-1 and subject to any penalty imposed by Section 26-10.
12        (6)  Every  school  shall  report  to  the State Board of
13    Education by November 15, in the  manner  which  that  agency
14    shall  require,  the number of children who have received the
15    necessary  immunizations  and  the  health   examination   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).  This reported information shall
21    be provided to the Department of Public Health by  the  State
22    Board of Education.
23        (7)  Upon  determining  that the number of pupils who are
24    required to be in compliance  with  subsection  (5)  of  this
25    Section  is below 90% of the number of pupils enrolled in the
26    school district, 10% of each State aid payment made  pursuant
27    to Section 18-8 to the school district for such year shall be
28    withheld  by  the regional superintendent until the number of
29    students in compliance with subsection (5) is the  applicable
30    specified percentage or higher.
31        (8)  Parents  or  legal  guardians  who  object to health
32    examinations or any part thereof,  or  to  immunizations,  on
33    religious  grounds  shall  not  be  required  to submit their
34    children or wards to the  examinations  or  immunizations  to
 
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 1    which  they  so  object  if  such  parents or legal guardians
 2    present to the appropriate local school  authority  a  signed
 3    statement   of  objection,  detailing  the  grounds  for  the
 4    objection.  If the physical condition of the  child  is  such
 5    that  any  one or more of the immunizing agents should not be
 6    administered, the examining  physician  responsible  for  the
 7    performance of the health examination shall endorse that fact
 8    upon the health examination form.  Exempting a child from the
 9    health   examination   does   not   exempt   the  child  from
10    participation in the program of physical  education  training
11    provided in Sections 27-5 through 27-7 of this Code.
12        (9)  For  the purposes of this Section, "nursery schools"
13    means those nursery schools  operated  by  elementary  school
14    systems  or  secondary  level school units or institutions of
15    higher learning.
16    (Source: P.A. 91-357, eff. 7-29-99.)

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