HB3159 Engrossed LRB099 10020 NHT 30241 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

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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

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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,

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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		(2) The Department of Public Health shall promulgate rules
9		and regulations specifying the examinations and procedures
10		that constitute a health examination, which shall include the
11		collection of data relating to obesity (including at a minimum,
12		date of birth, gender, height, weight, blood pressure, and date
13		of exam), and a dental examination and may recommend by rule
14		that certain additional examinations be performed. The rules
15		and regulations of the Department of Public Health shall
16		specify that a tuberculosis skin test screening shall be
17		included as a required part of each health examination included
18		under this Section if the child resides in an area designated
19		by the Department of Public Health as having a high incidence
20		of tuberculosis. The Department of Public Health shall specify
21		that a diabetes screening as defined by rule shall be included
22		as a required part of each health examination. Diabetes testing
23		is not required.
24		Physicians licensed to practice medicine in all of its
25		branches, advanced practice nurses who have a written
26		collaborative agreement with a collaborating physician which

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1		authorizes them to perform health examinations, or physician
2		assistants who have been delegated the performance of health
3		examinations by their supervising physician shall be
4		responsible for the performance of the health examinations,
5		other than dental examinations, eye examinations, and vision
6		and hearing screening, and shall sign all report forms required
7		by subsection (4) of this Section that pertain to those
8		portions of the health examination for which the physician,
9		advanced practice nurse, or physician assistant is
10		responsible. If a registered nurse performs any part of a
11		health examination, then a physician licensed to practice
12		medicine in all of its branches must review and sign all
13		required report forms. Licensed dentists shall perform all
14		dental examinations and shall sign all report forms required by
15		subsection (4) of this Section that pertain to the dental
16		examinations. Physicians licensed to practice medicine in all
17		its branches or licensed optometrists shall perform all eye
18		examinations required by this Section and shall sign all report
19		forms required by subsection (4) of this Section that pertain
20		to the eye examination. For purposes of this Section, an eye
21		examination shall at a minimum include history, visual acuity,
22		subjective refraction to best visual acuity near and far,
23		internal and external examination, and a glaucoma evaluation,
24		as well as any other tests or observations that in the
25		professional judgment of the doctor are necessary. Vision and
26		hearing screening tests, which shall not be considered

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1		examinations as that term is used in this Section, shall be
2		conducted in accordance with rules and regulations of the
3		Department of Public Health, and by individuals whom the
4		Department of Public Health has certified. In these rules and
5		regulations, the Department of Public Health shall require that
6		individuals conducting vision screening tests give a child's
7		parent or guardian written notification, before the vision
8		screening is conducted, that states, "Vision screening is not a
9		substitute for a complete eye and vision evaluation by an eye
10		doctor. Your child is not required to undergo this vision
11		screening if an optometrist or ophthalmologist has completed
12		and signed a report form indicating that an examination has
13		been administered within the previous 12 months."
14		(3) Every child shall, at or about the same time as he or
15		she receives a health examination required by subsection (1) of
16		this Section, present to the local school proof of having
17		received such immunizations against preventable communicable
18		diseases as the Department of Public Health shall require by
19		rules and regulations promulgated pursuant to this Section and
20		the Communicable Disease Prevention Act.
21		(4) The individuals conducting the health examination,
22		dental examination, or eye examination shall record the fact of
23		having conducted the examination, and such additional
24		information as required, including for a health examination
25		data relating to obesity (including at a minimum, date of
26		birth, gender, height, weight, blood pressure, and date of

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1		exam), on uniform forms which the Department of Public Health
2		and the State Board of Education shall prescribe for statewide
3		use. The examiner shall summarize on the report form any
4		condition that he or she suspects indicates a need for special
5		services, including for a health examination factors relating
6		to obesity. The individuals confirming the administration of
7		required immunizations shall record as indicated on the form
8		that the immunizations were administered.
9		(5) If a child does not submit proof of having had either
10		the health examination or the immunization as required, then
11		the child shall be examined or receive the immunization, as the
12		case may be, and present proof by October 15 of the current
13		school year, or by an earlier date of the current school year
14		established by a school district. To establish a date before
15		October 15 of the current school year for the health
16		examination or immunization as required, a school district must
17		give notice of the requirements of this Section 60 days prior
18		to the earlier established date. If for medical reasons one or
19		more of the required immunizations must be given after October
20		15 of the current school year, or after an earlier established
21		date of the current school year, then the child shall present,
22		by October 15, or by the earlier established date, a schedule
23		for the administration of the immunizations and a statement of
24		the medical reasons causing the delay, both the schedule and
25		the statement being issued by the physician, advanced practice
26		nurse, physician assistant, registered nurse, or local health

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1		department that will be responsible for administration of the
2		remaining required immunizations. If a child does not comply by
3		October 15, or by the earlier established date of the current
4		school year, with the requirements of this subsection, then the
5		local school authority shall exclude that child from school
6		until such time as the child presents proof of having had the
7		health examination as required and presents proof of having
8		received those required immunizations which are medically
9		possible to receive immediately. During a child's exclusion
10		from school for noncompliance with this subsection, the child's
11		parents or legal guardian shall be considered in violation of
12		Section 26-1 and subject to any penalty imposed by Section
13		26-10. This subsection (5) does not apply to dental
14		examinations and eye examinations. If the student is an
15		out-of-state transfer student and does not have the proof
16		required under this subsection (5) before October 15 of the
17		current year or whatever date is set by the school district,
18		then he or she may only attend classes (i) if he or she has
19		proof that an appointment for the required vaccinations has
20		been scheduled with a party authorized to submit proof of the
21		required vaccinations. If the proof of vaccination required
22		under this subsection (5) is not submitted within 30 days after
23		the student is permitted to attend classes, then the student is
24		not to be permitted to attend classes until proof of the
25		vaccinations has been properly submitted. No school district or
26		employee of a school district shall be held liable for any

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1		injury or illness to another person that results from admitting
2		an out-of-state transfer student to class that has an
3		appointment scheduled pursuant to this subsection (5).
4		(6) Every school shall report to the State Board of
5		Education by November 15, in the manner which that agency shall
6		require, the number of children who have received the necessary
7		immunizations and the health examination (other than a dental
8		examination or eye examination) as required, indicating, of
9		those who have not received the immunizations and examination
10		as required, the number of children who are exempt from health
11		examination and immunization requirements on religious or
12		medical grounds as provided in subsection (8). On or before
13		December 1 of each year, every public school district and
14		registered nonpublic school shall make publicly available the
15		immunization data they are required to submit to the State
16		Board of Education by November 15. The immunization data made
17		publicly available must be identical to the data the school
18		district or school has reported to the State Board of
19		Education.
20		Every school shall report to the State Board of Education
21		by June 30, in the manner that the State Board requires, the
22		number of children enrolled and the number of children who have
23		received the required dental examination, indicating, of those
24		children, the number with or without dental sealants, with or
25		without dental caries experience, and with or without untreated
26		decay and the number of children with urgent dental treatment

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1		needs. Of those children who have not received the required
2		dental examination, the school shall report the number of
3		children who have not received the required dental examination,
4		indicating, of those children, the number of students with
5		scheduled appointments, the number of children who are exempt
6		from the dental examination on medical or disability grounds or
7		on religious grounds as provided in subsection (8) of this
8		Section, and the number of children who have received a waiver
9		under subsection (1.5) of this Section.
10		Every school shall report to the State Board of Education
11		by June 30, in the manner that the State Board requires, the
12		number of children who have received the required eye
13		examination, indicating, of those who have not received the
14		required eye examination, the number of children who are exempt
15		from the eye examination as provided in subsection (8) of this
16		Section, the number of children who have received a waiver
17		under subsection (1.10) of this Section, and the total number
18		of children in noncompliance with the eye examination
19		requirement.
20		The reported information under this subsection (6) shall be
21		provided to the Department of Public Health by the State Board
22		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 to

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1		Section 18-8.05 to the school district for such year may be
2		withheld by the State Board of Education until the number of
3		students in compliance with subsection (5) is the applicable
4		specified percentage or higher.
5		(8) Parents or legal guardians who object to health,
6		dental, or eye examinations or any part thereof, or to
7		immunizations, on religious grounds shall not be required to
8		submit their children or wards to the examinations or
9		immunizations to which they so object if such parents or legal
10		guardians present to the appropriate local school authority a
11		signed statement of objection, detailing the grounds for the
12		objection. If the physical condition of the child is such that
13		any one or more of the immunizing agents should not be
14		administered, the examining physician, advanced practice
15		nurse, or physician assistant responsible for the performance
16		of the health examination shall endorse that fact upon the
17		health examination form. Exempting a child from the health,
18		dental, or eye examination does not exempt the child from
19		participation in the program of physical education training
20		provided in Sections 27-5 through 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. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
26		eff. 6-30-14.)