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Public Act 100-0238
Public Act 0238 100TH GENERAL ASSEMBLY
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Public Act 100-0238
| | SB1846 Enrolled | LRB100 10273 MLM 20459 b |
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| AN ACT concerning asthma.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| 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) | (Text of Section before amendment by P.A. 99-927) | 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
| 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
| 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 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 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.
| (1.10) Except as otherwise provided in this Section, all | children enrolling in kindergarten in a public, private, or | parochial school on or after the effective date of 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 the effective date of 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.
| (2) The Department of Public Health shall promulgate rules | and regulations
specifying the examinations and procedures | that constitute a health examination, which shall include 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
tuberculosis.
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 nurses, or licensed |
| physician assistants shall be
responsible for the performance | of the health examinations, other than dental
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 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
| 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
|
| 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
| 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." | (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,
| 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
| 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 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
| 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 | 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 and eye examinations. 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
| 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 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
| the content of the Certificate of Religious Exemption
| 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 nurse, or
physician | assistant responsible for the performance of the
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. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
| (Text of Section after amendment by P.A. 99-927) | 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
|
| 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
| 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 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 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.
| (1.10) Except as otherwise provided in this Section, all | children enrolling in kindergarten in a public, private, or | parochial school on or after the effective date of 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 the effective date of 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.
| (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
| 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 nurses, or licensed | physician assistants shall be
responsible for the performance | of the health examinations, other than dental
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 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
| 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
| 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
| 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,
| 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
| 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
| 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 | 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
| 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 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
| the content of the Certificate of Religious Exemption
| 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 nurse, or
physician |
| assistant responsible for the performance of the
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. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. | 6-1-17.)
| Section 10. The Illinois Health Statistics Act is amended | by changing Section 4 as follows:
| (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
| Sec. 4. (a) In carrying out the purposes of this Act, the | Department may:
| (1) Collect and maintain health data on:
| (i) The extent, nature, and impact of illness, | including factors relating to asthma, obesity, and | disability on the population
of the State;
| (ii) The determinants of health and health hazards |
| including asthma and obesity;
| (iii) Health resources, including the extent of | available manpower and resources;
| (iv) Utilization of health care;
| (v) Health care costs and financing;
| (vi) Other health or health-related matters; and
| (vii) The connection between the long-term effects | of childhood cancer and the original cancer diagnosis | and treatment. | (2) Undertake and support research, demonstrations, | and evaluations respecting
new or improved methods for | obtaining current data on the matters referred
to in | subparagraph (1).
| (b) The Department may collect health data under authority | granted by
any unit of local government and on behalf of other | governmental or not-for-profit
organizations, including data | collected by local schools and the State Board of Education | relating to asthma and obesity on the health examination form | required pursuant to Section 27-8.1 of the School Code. The | data shall be de-identified and aggregated pursuant to rules | promulgated by the Department to prevent disclosure of personal | identifying information.
| (c) The Department shall collect data only on a voluntary | basis from individuals
and organizations, except when there is | specific legal authority to compel
the mandatory reporting of | the health data so requested. In making any collection
of |
| health data from an individual or organization the Department | must give
to such individual or organization a written | statement which states:
| (1) Whether the individual or organization is required | to respond, and
any sanctions for noncompliance;
| (2) The purposes for which the health data are being | collected; and
| (3) In the case of any disclosure of identifiable | health data for other
than research and statistical | purposes, the items to be disclosed, to whom
the data are | to be disclosed and the purposes for which the data are to | be disclosed.
| (d) Except as provided in Section 5, no health data | obtained in the course
of activities undertaken or supported | under this Act may be used for any purpose
other than the | purpose for which they were supplied or for which the | individual
or organization described in the data has otherwise | consented.
| (e) The Department shall take such actions as may be | necessary to assure
that statistics developed under this Act | are of high quality, timely, comprehensive,
as well as | specific, standardized and adequately analyzed and indexed.
| (f) The Department shall take such action as is appropriate | to effect
the coordination of health data activities, including | health data specifically relating to obesity collected | pursuant to Section 27-8.1 of the School Code, within the State |
| to eliminate
unnecessary duplication of data collection and | maximize the usefulness of
data collected.
| (g) The Department shall (1) participate with state, local | and federal
agencies in the design and implementation of a | cooperative system for producing
comparable and uniform health | information and statistics at the federal,
state, and local | levels; and (2) undertake and support research, development,
| demonstrations, and evaluations respecting such cooperative | system.
| (Source: P.A. 98-891, eff. 1-1-15.)
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act.
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Effective Date: 1/1/2018
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