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Public Act 100-0829 | ||||
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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 | ||||
27-8.1 as follows: | ||||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||
Sec. 27-8.1. Health examinations and immunizations. | ||||
(1) In compliance with rules and regulations which the | ||||
Department of Public
Health shall promulgate, and except as | ||||
hereinafter provided, all children in
Illinois shall have a | ||||
health examination as follows: within one year prior to
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entering kindergarten or the first grade of any public, | ||||
private, or parochial
elementary school; upon entering the | ||||
sixth and ninth grades of any public,
private, or parochial | ||||
school; prior to entrance into any public, private, or
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parochial nursery school; and, irrespective of grade, | ||||
immediately prior to or
upon entrance into any public, private, | ||||
or parochial school or nursery school,
each child shall present | ||||
proof of having been examined in accordance with this
Section | ||||
and the rules and regulations promulgated hereunder. Any child | ||||
who received a health examination within one year prior to | ||||
entering the fifth grade for the 2007-2008 school year is not | ||||
required to receive an additional health examination in order |
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second , and sixth , and | ||
ninth grades of any public, private, or parochial school shall | ||
have a dental examination. Each of these children shall present | ||
proof of having been examined by a dentist in accordance with | ||
this Section and rules adopted under this Section before May | ||
15th of the school year. If a child in the second , or sixth , or | ||
ninth grade fails to present proof by May 15th, the school may | ||
hold the child's report card until one of the following occurs: | ||
(i) the child presents proof of a completed dental examination | ||
or (ii) the child presents proof that a dental examination will | ||
take place within 60 days after May 15th. 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 dentist. Each | ||
public, private, and parochial school must give notice of this | ||
dental examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
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(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after January 1, 2008 ( the effective | ||
date of Public Act 95-671) this amendatory Act of the 95th | ||
General Assembly and any student enrolling for the first time | ||
in a public, private, or parochial school on or after January | ||
1, 2008 ( the effective date of Public Act 95-671) this | ||
amendatory Act of the 95th General Assembly shall have an eye | ||
examination. Each of these children shall present proof of | ||
having been examined by a physician licensed to practice | ||
medicine in all of its branches or a licensed optometrist | ||
within the previous year, in accordance with this Section and | ||
rules adopted under this Section, before October 15th of the | ||
school year. If the child fails to present proof by October | ||
15th, the school may hold the child's report card until one of | ||
the following occurs: (i) the child presents proof of a | ||
completed eye examination or (ii) the child presents proof that | ||
an eye examination will take place within 60 days after October | ||
15th. 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 physician licensed to practice medicine in all of |
its branches who provides eye examinations or to a licensed | ||
optometrist. Each public, private, and parochial school must | ||
give notice of this eye examination requirement to the parents | ||
and guardians of students in compliance with rules of the | ||
Department of Public Health. Nothing in this Section shall be | ||
construed to allow a school to exclude a child from attending | ||
because of a parent's or guardian's failure to obtain an eye | ||
examination for the child.
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(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include an | ||
age-appropriate developmental screening, an age-appropriate | ||
social and emotional screening, and the collection of data | ||
relating to asthma and obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam),
and a dental examination and may recommend by rule that | ||
certain additional examinations be performed.
The rules and | ||
regulations of the Department of Public Health shall specify | ||
that
a tuberculosis skin test screening shall be included as a | ||
required part of each
health examination included under this | ||
Section if the child resides in an area
designated by the | ||
Department of Public Health as having a high incidence of
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tuberculosis.
With respect to the developmental screening and | ||
the social and emotional screening, the Department of Public | ||
Health must develop rules and appropriate revisions to the | ||
Child Health Examination form in conjunction with a statewide |
organization representing school boards; a statewide | ||
organization representing pediatricians; statewide | ||
organizations representing individuals holding Illinois | ||
educator licenses with school support personnel endorsements, | ||
including school social workers, school psychologists, and | ||
school nurses; a statewide organization representing | ||
children's mental health experts; a statewide organization | ||
representing school principals; the Director of Healthcare and | ||
Family Services or his or her designee, the State | ||
Superintendent of Education or his or her designee; and | ||
representatives of other appropriate State agencies and, at a | ||
minimum, must recommend the use of validated screening tools | ||
appropriate to the child's age or grade, and, with regard to | ||
the social and emotional screening, require recording only | ||
whether or not the screening was completed. The rules shall | ||
take into consideration the screening recommendations of the | ||
American Academy of Pediatrics and must be consistent with the | ||
State Board of Education's social and emotional learning | ||
standards. The Department of Public Health shall specify that a | ||
diabetes
screening as defined by rule shall be included as a | ||
required part of each
health examination.
Diabetes testing is | ||
not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice registered nurses, or | ||
licensed physician assistants shall be
responsible for the | ||
performance of the health examinations, other than dental
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examinations, eye examinations, and vision and hearing | ||
screening, and shall sign all report forms
required by | ||
subsection (4) of this Section that pertain to those portions | ||
of
the health examination for which the physician, advanced | ||
practice registered nurse, or
physician assistant is | ||
responsible.
If a registered
nurse performs any part of a | ||
health examination, then a physician licensed to
practice | ||
medicine in all of its branches must review and sign all | ||
required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
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hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
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Department of Public Health has certified.
In these rules and |
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
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parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." . | ||
(2.5) With respect to the developmental screening and the | ||
social and emotional screening portion of the health | ||
examination, each child may present proof of having been | ||
screened in accordance with this Section and the rules adopted | ||
under this Section before October 15th of the school year. With | ||
regard to the social and emotional screening only, the | ||
examining health care provider shall only record whether or not | ||
the screening was completed. If the child fails to present | ||
proof of the developmental screening or the social and | ||
emotional screening portions of the health examination by | ||
October 15th of the school year, qualified school support | ||
personnel may, with a parent's or guardian's consent, offer the | ||
developmental screening or the social and emotional screening | ||
to the child. Each public, private, and parochial school must | ||
give notice of the developmental screening and social and | ||
emotional screening requirements to the parents and guardians | ||
of students in compliance with the rules of the Department of |
Public Health. Nothing in this Section shall be construed to | ||
allow a school to exclude a child from attending because of a | ||
parent's or guardian's failure to obtain a developmental | ||
screening or a social and emotional screening for the child. | ||
Once a developmental screening or a social and emotional | ||
screening is completed and proof has been presented to the | ||
school, the school may, with a parent's or guardian's consent, | ||
make available appropriate school personnel to work with the | ||
parent or guardian, the child, and the provider who signed the | ||
screening form to obtain any appropriate evaluations and | ||
services as indicated on the form and in other information and | ||
documentation provided by the parents, guardians, or provider. | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
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dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
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data relating to asthma and obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam), on uniform forms which the Department of Public |
Health and the State
Board of Education shall prescribe for | ||
statewide use. The examiner shall
summarize on the report form | ||
any condition that he or she suspects indicates a
need for | ||
special services, including for a health examination factors | ||
relating to asthma or obesity. The duty to summarize on the | ||
report form does not apply to social and emotional screenings. | ||
The confidentiality of the information and records relating to | ||
the developmental screening and the social and emotional | ||
screening shall be determined by the statutes, rules, and | ||
professional ethics governing the type of provider conducting | ||
the screening. The individuals confirming the administration | ||
of
required immunizations shall record as indicated on the form | ||
that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
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 | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, |
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
registered nurse, physician assistant,
registered nurse, or | ||
local health department that will
be responsible for | ||
administration of the remaining required immunizations. If
a | ||
child does not comply by October 15, or by the earlier | ||
established date of
the current school year, with the | ||
requirements of this subsection, then the
local school | ||
authority shall exclude that child from school until such time | ||
as
the child presents proof of having had the health | ||
examination as required and
presents proof of having received | ||
those required immunizations which are
medically possible to | ||
receive immediately. During a child's exclusion from
school for | ||
noncompliance with this subsection, the child's parents or | ||
legal
guardian shall be considered in violation of Section 26-1 | ||
and subject to any
penalty imposed by Section 26-10. This | ||
subsection (5) does not apply to dental examinations, eye | ||
examinations, and the developmental screening and the social | ||
and emotional screening portions of the health examination. If | ||
the student is an out-of-state transfer student and does not | ||
have the proof required under this subsection (5) before | ||
October 15 of the current year or whatever date is set by the | ||
school district, then he or she may only attend classes (i) if | ||
he or she has proof that an appointment for the required |
vaccinations has been scheduled with a party authorized to | ||
submit proof of the required vaccinations. If the proof of | ||
vaccination required under this subsection (5) is not submitted | ||
within 30 days after the student is permitted to attend | ||
classes, then the student is not to be permitted to attend | ||
classes until proof of the vaccinations has been properly | ||
submitted. No school district or employee of a school district | ||
shall be held liable for any injury or illness to another | ||
person that results from admitting an out-of-state transfer | ||
student to class that has an appointment scheduled pursuant to | ||
this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
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examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of |
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the |
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 or 18-8.15 to the school district for such year | ||
may be withheld
by the State Board of Education until the | ||
number of students in compliance with
subsection (5) is the | ||
applicable specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the | ||
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student | ||
and to the community of the communicable diseases for which |
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care | ||
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and | ||
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school | ||
authority prior to entering kindergarten, sixth grade, and |
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. | ||
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
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the content of the Certificate of Religious Exemption
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constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice registered nurse, | ||
or
physician assistant responsible for the performance of the
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health examination shall endorse that fact upon the health | ||
examination form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the | ||
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school |
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15; | ||
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff. | ||
1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised | ||
9-22-17.)
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