IL
Illinois House Bill HB3000

Illinois 2023-2024 Regular Session

Illinois House Bill HB3000 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3000 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: New Act105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately. LRB103 05670 RJT 50689 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3000 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: New Act105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 New Act 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately. LRB103 05670 RJT 50689 b LRB103 05670 RJT 50689 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3000 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 New Act105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 New Act 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
44 New Act
55 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
66 110 ILCS 20/2 from Ch. 144, par. 2602
77 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
88 Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately.
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1414 1 AN ACT concerning education.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 1. Short title. This Act may be cited as the
1818 5 COVID-19 Vaccine Freedom of Choice in Education Act.
1919 6 Section 5. Definition. As used in this Act, "school" means
2020 7 a preschool, elementary or secondary school, vocational
2121 8 school, or special educational facility.
2222 9 Section 10. COVID-19 vaccine requirement prohibited.
2323 10 (a) Notwithstanding any requirements under the School Code
2424 11 or rules of the Department of Public Health to the contrary, no
2525 12 employee or student of a public school in this State may be
2626 13 required to receive a COVID-19 vaccine or a subsequent booster
2727 14 dose as a term of new or continued employment or enrollment in
2828 15 the school.
2929 16 (b) Notwithstanding any requirements under the College
3030 17 Student Immunization Act or rules of the Department of Public
3131 18 Health to the contrary, no employee or student of a public
3232 19 institution of higher education in this State may be required
3333 20 to receive a COVID-19 vaccine or a subsequent booster dose as a
3434 21 term of new or continued employment or enrollment in the
3535 22 institution of higher education.
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3000 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
4040 New Act105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 New Act 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 110 ILCS 20/2 from Ch. 144, par. 2602 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
4141 New Act
4242 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
4343 110 ILCS 20/2 from Ch. 144, par. 2602
4444 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
4545 Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately.
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7676 1 Section 90. The School Code is amended by changing Section
7777 2 27-8.1 as follows:
7878 3 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
7979 4 Sec. 27-8.1. Health examinations and immunizations.
8080 5 (1) In compliance with rules and regulations which the
8181 6 Department of Public Health shall promulgate, and except as
8282 7 hereinafter provided, all children in Illinois shall have a
8383 8 health examination as follows: within one year prior to
8484 9 entering kindergarten or the first grade of any public,
8585 10 private, or parochial elementary school; upon entering the
8686 11 sixth and ninth grades of any public, private, or parochial
8787 12 school; prior to entrance into any public, private, or
8888 13 parochial nursery school; and, irrespective of grade,
8989 14 immediately prior to or upon entrance into any public,
9090 15 private, or parochial school or nursery school, each child
9191 16 shall present proof of having been examined in accordance with
9292 17 this Section and the rules and regulations promulgated
9393 18 hereunder. Any child who received a health examination within
9494 19 one year prior to entering the fifth grade for the 2007-2008
9595 20 school year is not required to receive an additional health
9696 21 examination in order to comply with the provisions of Public
9797 22 Act 95-422 when he or she attends school for the 2008-2009
9898 23 school year, unless the child is attending school for the
9999 24 first time as provided in this paragraph.
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110110 1 A tuberculosis skin test screening shall be included as a
111111 2 required part of each health examination included under this
112112 3 Section if the child resides in an area designated by the
113113 4 Department of Public Health as having a high incidence of
114114 5 tuberculosis. Additional health examinations of pupils,
115115 6 including eye examinations, may be required when deemed
116116 7 necessary by school authorities. Parents are encouraged to
117117 8 have their children undergo eye examinations at the same
118118 9 points in time required for health examinations.
119119 10 (1.5) In compliance with rules adopted by the Department
120120 11 of Public Health and except as otherwise provided in this
121121 12 Section, all children in kindergarten and the second, sixth,
122122 13 and ninth grades of any public, private, or parochial school
123123 14 shall have a dental examination. Each of these children shall
124124 15 present proof of having been examined by a dentist in
125125 16 accordance with this Section and rules adopted under this
126126 17 Section before May 15th of the school year. If a child in the
127127 18 second, sixth, or ninth grade fails to present proof by May
128128 19 15th, the school may hold the child's report card until one of
129129 20 the following occurs: (i) the child presents proof of a
130130 21 completed dental examination or (ii) the child presents proof
131131 22 that a dental examination will take place within 60 days after
132132 23 May 15th. A school may not withhold a child's report card
133133 24 during a school year in which the Governor has declared a
134134 25 disaster due to a public health emergency pursuant to Section
135135 26 7 of the Illinois Emergency Management Agency Act. The
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146146 1 Department of Public Health shall establish, by rule, a waiver
147147 2 for children who show an undue burden or a lack of access to a
148148 3 dentist. Each public, private, and parochial school must give
149149 4 notice of this dental examination requirement to the parents
150150 5 and guardians of students at least 60 days before May 15th of
151151 6 each school year.
152152 7 (1.10) Except as otherwise provided in this Section, all
153153 8 children enrolling in kindergarten in a public, private, or
154154 9 parochial school on or after January 1, 2008 (the effective
155155 10 date of Public Act 95-671) and any student enrolling for the
156156 11 first time in a public, private, or parochial school on or
157157 12 after January 1, 2008 (the effective date of Public Act
158158 13 95-671) shall have an eye examination. Each of these children
159159 14 shall present proof of having been examined by a physician
160160 15 licensed to practice medicine in all of its branches or a
161161 16 licensed optometrist within the previous year, in accordance
162162 17 with this Section and rules adopted under this Section, before
163163 18 October 15th of the school year. If the child fails to present
164164 19 proof by October 15th, the school may hold the child's report
165165 20 card until one of the following occurs: (i) the child presents
166166 21 proof of a completed eye examination or (ii) the child
167167 22 presents proof that an eye examination will take place within
168168 23 60 days after October 15th. A school may not withhold a child's
169169 24 report card during a school year in which the Governor has
170170 25 declared a disaster due to a public health emergency pursuant
171171 26 to Section 7 of the Illinois Emergency Management Agency Act.
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182182 1 The Department of Public Health shall establish, by rule, a
183183 2 waiver for children who show an undue burden or a lack of
184184 3 access to a physician licensed to practice medicine in all of
185185 4 its branches who provides eye examinations or to a licensed
186186 5 optometrist. Each public, private, and parochial school must
187187 6 give notice of this eye examination requirement to the parents
188188 7 and guardians of students in compliance with rules of the
189189 8 Department of Public Health. Nothing in this Section shall be
190190 9 construed to allow a school to exclude a child from attending
191191 10 because of a parent's or guardian's failure to obtain an eye
192192 11 examination for the child.
193193 12 (2) The Department of Public Health shall promulgate rules
194194 13 and regulations specifying the examinations and procedures
195195 14 that constitute a health examination, which shall include an
196196 15 age-appropriate developmental screening, an age-appropriate
197197 16 social and emotional screening, and the collection of data
198198 17 relating to asthma and obesity (including at a minimum, date
199199 18 of birth, gender, height, weight, blood pressure, and date of
200200 19 exam), and a dental examination and may recommend by rule that
201201 20 certain additional examinations be performed. The rules and
202202 21 regulations of the Department of Public Health shall specify
203203 22 that a tuberculosis skin test screening shall be included as a
204204 23 required part of each health examination included under this
205205 24 Section if the child resides in an area designated by the
206206 25 Department of Public Health as having a high incidence of
207207 26 tuberculosis. With respect to the developmental screening and
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218218 1 the social and emotional screening, the Department of Public
219219 2 Health must, no later than January 1, 2019, develop rules and
220220 3 appropriate revisions to the Child Health Examination form in
221221 4 conjunction with a statewide organization representing school
222222 5 boards; a statewide organization representing pediatricians;
223223 6 statewide organizations representing individuals holding
224224 7 Illinois educator licenses with school support personnel
225225 8 endorsements, including school social workers, school
226226 9 psychologists, and school nurses; a statewide organization
227227 10 representing children's mental health experts; a statewide
228228 11 organization representing school principals; the Director of
229229 12 Healthcare and Family Services or his or her designee, the
230230 13 State Superintendent of Education or his or her designee; and
231231 14 representatives of other appropriate State agencies and, at a
232232 15 minimum, must recommend the use of validated screening tools
233233 16 appropriate to the child's age or grade, and, with regard to
234234 17 the social and emotional screening, require recording only
235235 18 whether or not the screening was completed. The rules shall
236236 19 take into consideration the screening recommendations of the
237237 20 American Academy of Pediatrics and must be consistent with the
238238 21 State Board of Education's social and emotional learning
239239 22 standards. The Department of Public Health shall specify that
240240 23 a diabetes screening as defined by rule shall be included as a
241241 24 required part of each health examination. Diabetes testing is
242242 25 not required.
243243 26 Physicians licensed to practice medicine in all of its
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254254 1 branches, licensed advanced practice registered nurses, or
255255 2 licensed physician assistants shall be responsible for the
256256 3 performance of the health examinations, other than dental
257257 4 examinations, eye examinations, and vision and hearing
258258 5 screening, and shall sign all report forms required by
259259 6 subsection (4) of this Section that pertain to those portions
260260 7 of the health examination for which the physician, advanced
261261 8 practice registered nurse, or physician assistant is
262262 9 responsible. If a registered nurse performs any part of a
263263 10 health examination, then a physician licensed to practice
264264 11 medicine in all of its branches must review and sign all
265265 12 required report forms. Licensed dentists shall perform all
266266 13 dental examinations and shall sign all report forms required
267267 14 by subsection (4) of this Section that pertain to the dental
268268 15 examinations. Physicians licensed to practice medicine in all
269269 16 its branches or licensed optometrists shall perform all eye
270270 17 examinations required by this Section and shall sign all
271271 18 report forms required by subsection (4) of this Section that
272272 19 pertain to the eye examination. For purposes of this Section,
273273 20 an eye examination shall at a minimum include history, visual
274274 21 acuity, subjective refraction to best visual acuity near and
275275 22 far, internal and external examination, and a glaucoma
276276 23 evaluation, as well as any other tests or observations that in
277277 24 the professional judgment of the doctor are necessary. Vision
278278 25 and hearing screening tests, which shall not be considered
279279 26 examinations as that term is used in this Section, shall be
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290290 1 conducted in accordance with rules and regulations of the
291291 2 Department of Public Health, and by individuals whom the
292292 3 Department of Public Health has certified. In these rules and
293293 4 regulations, the Department of Public Health shall require
294294 5 that individuals conducting vision screening tests give a
295295 6 child's parent or guardian written notification, before the
296296 7 vision screening is conducted, that states, "Vision screening
297297 8 is not a substitute for a complete eye and vision evaluation by
298298 9 an eye doctor. Your child is not required to undergo this
299299 10 vision screening if an optometrist or ophthalmologist has
300300 11 completed and signed a report form indicating that an
301301 12 examination has been administered within the previous 12
302302 13 months.".
303303 14 (2.5) With respect to the developmental screening and the
304304 15 social and emotional screening portion of the health
305305 16 examination, each child may present proof of having been
306306 17 screened in accordance with this Section and the rules adopted
307307 18 under this Section before October 15th of the school year.
308308 19 With regard to the social and emotional screening only, the
309309 20 examining health care provider shall only record whether or
310310 21 not the screening was completed. If the child fails to present
311311 22 proof of the developmental screening or the social and
312312 23 emotional screening portions of the health examination by
313313 24 October 15th of the school year, qualified school support
314314 25 personnel may, with a parent's or guardian's consent, offer
315315 26 the developmental screening or the social and emotional
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326326 1 screening to the child. Each public, private, and parochial
327327 2 school must give notice of the developmental screening and
328328 3 social and emotional screening requirements to the parents and
329329 4 guardians of students in compliance with the rules of the
330330 5 Department of Public Health. Nothing in this Section shall be
331331 6 construed to allow a school to exclude a child from attending
332332 7 because of a parent's or guardian's failure to obtain a
333333 8 developmental screening or a social and emotional screening
334334 9 for the child. Once a developmental screening or a social and
335335 10 emotional screening is completed and proof has been presented
336336 11 to the school, the school may, with a parent's or guardian's
337337 12 consent, make available appropriate school personnel to work
338338 13 with the parent or guardian, the child, and the provider who
339339 14 signed the screening form to obtain any appropriate
340340 15 evaluations and services as indicated on the form and in other
341341 16 information and documentation provided by the parents,
342342 17 guardians, or provider.
343343 18 (3) Except as otherwise provided in the COVID-19 Vaccine
344344 19 Freedom of Choice in Education Act, every Every child shall,
345345 20 at or about the same time as he or she receives a health
346346 21 examination required by subsection (1) of this Section,
347347 22 present to the local school proof of having received such
348348 23 immunizations against preventable communicable diseases as the
349349 24 Department of Public Health shall require by rules and
350350 25 regulations promulgated pursuant to this Section and the
351351 26 Communicable Disease Prevention Act.
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362362 1 (4) The individuals conducting the health examination,
363363 2 dental examination, or eye examination shall record the fact
364364 3 of having conducted the examination, and such additional
365365 4 information as required, including for a health examination
366366 5 data relating to asthma and obesity (including at a minimum,
367367 6 date of birth, gender, height, weight, blood pressure, and
368368 7 date of exam), on uniform forms which the Department of Public
369369 8 Health and the State Board of Education shall prescribe for
370370 9 statewide use. The examiner shall summarize on the report form
371371 10 any condition that he or she suspects indicates a need for
372372 11 special services, including for a health examination factors
373373 12 relating to asthma or obesity. The duty to summarize on the
374374 13 report form does not apply to social and emotional screenings.
375375 14 The confidentiality of the information and records relating to
376376 15 the developmental screening and the social and emotional
377377 16 screening shall be determined by the statutes, rules, and
378378 17 professional ethics governing the type of provider conducting
379379 18 the screening. The individuals confirming the administration
380380 19 of required immunizations shall record as indicated on the
381381 20 form that the immunizations were administered.
382382 21 (5) If a child does not submit proof of having had either
383383 22 the health examination or the immunization as required, then
384384 23 the child shall be examined or receive the immunization, as
385385 24 the case may be, and present proof by October 15 of the current
386386 25 school year, or by an earlier date of the current school year
387387 26 established by a school district. To establish a date before
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398398 1 October 15 of the current school year for the health
399399 2 examination or immunization as required, a school district
400400 3 must give notice of the requirements of this Section 60 days
401401 4 prior to the earlier established date. If for medical reasons
402402 5 one or more of the required immunizations must be given after
403403 6 October 15 of the current school year, or after an earlier
404404 7 established date of the current school year, then the child
405405 8 shall present, by October 15, or by the earlier established
406406 9 date, a schedule for the administration of the immunizations
407407 10 and a statement of the medical reasons causing the delay, both
408408 11 the schedule and the statement being issued by the physician,
409409 12 advanced practice registered nurse, physician assistant,
410410 13 registered nurse, or local health department that will be
411411 14 responsible for administration of the remaining required
412412 15 immunizations. If a child does not comply by October 15, or by
413413 16 the earlier established date of the current school year, with
414414 17 the requirements of this subsection, then the local school
415415 18 authority shall exclude that child from school until such time
416416 19 as the child presents proof of having had the health
417417 20 examination as required and presents proof of having received
418418 21 those required immunizations which are medically possible to
419419 22 receive immediately. During a child's exclusion from school
420420 23 for noncompliance with this subsection, the child's parents or
421421 24 legal guardian shall be considered in violation of Section
422422 25 26-1 and subject to any penalty imposed by Section 26-10. This
423423 26 subsection (5) does not apply to dental examinations, eye
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434434 1 examinations, and the developmental screening and the social
435435 2 and emotional screening portions of the health examination. If
436436 3 the student is an out-of-state transfer student and does not
437437 4 have the proof required under this subsection (5) before
438438 5 October 15 of the current year or whatever date is set by the
439439 6 school district, then he or she may only attend classes (i) if
440440 7 he or she has proof that an appointment for the required
441441 8 vaccinations has been scheduled with a party authorized to
442442 9 submit proof of the required vaccinations. If the proof of
443443 10 vaccination required under this subsection (5) is not
444444 11 submitted within 30 days after the student is permitted to
445445 12 attend classes, then the student is not to be permitted to
446446 13 attend classes until proof of the vaccinations has been
447447 14 properly submitted. No school district or employee of a school
448448 15 district shall be held liable for any injury or illness to
449449 16 another person that results from admitting an out-of-state
450450 17 transfer student to class that has an appointment scheduled
451451 18 pursuant to this subsection (5).
452452 19 (6) Every school shall report to the State Board of
453453 20 Education by November 15, in the manner which that agency
454454 21 shall require, the number of children who have received the
455455 22 necessary immunizations and the health examination (other than
456456 23 a dental examination or eye examination) as required,
457457 24 indicating, of those who have not received the immunizations
458458 25 and examination as required, the number of children who are
459459 26 exempt from health examination and immunization requirements
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470470 1 on religious or medical grounds as provided in subsection (8).
471471 2 On or before December 1 of each year, every public school
472472 3 district and registered nonpublic school shall make publicly
473473 4 available the immunization data they are required to submit to
474474 5 the State Board of Education by November 15. The immunization
475475 6 data made publicly available must be identical to the data the
476476 7 school district or school has reported to the State Board of
477477 8 Education.
478478 9 Every school shall report to the State Board of Education
479479 10 by June 30, in the manner that the State Board requires, the
480480 11 number of children who have received the required dental
481481 12 examination, indicating, of those who have not received the
482482 13 required dental examination, the number of children who are
483483 14 exempt from the dental examination on religious grounds as
484484 15 provided in subsection (8) of this Section and the number of
485485 16 children who have received a waiver under subsection (1.5) of
486486 17 this Section.
487487 18 Every school shall report to the State Board of Education
488488 19 by June 30, in the manner that the State Board requires, the
489489 20 number of children who have received the required eye
490490 21 examination, indicating, of those who have not received the
491491 22 required eye examination, the number of children who are
492492 23 exempt from the eye examination as provided in subsection (8)
493493 24 of this Section, the number of children who have received a
494494 25 waiver under subsection (1.10) of this Section, and the total
495495 26 number of children in noncompliance with the eye examination
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506506 1 requirement.
507507 2 The reported information under this subsection (6) shall
508508 3 be provided to the Department of Public Health by the State
509509 4 Board of Education.
510510 5 (7) Upon determining that the number of pupils who are
511511 6 required to be in compliance with subsection (5) of this
512512 7 Section is below 90% of the number of pupils enrolled in the
513513 8 school district, 10% of each State aid payment made pursuant
514514 9 to Section 18-8.05 or 18-8.15 to the school district for such
515515 10 year may be withheld by the State Board of Education until the
516516 11 number of students in compliance with subsection (5) is the
517517 12 applicable specified percentage or higher.
518518 13 (8) Children of parents or legal guardians who object to
519519 14 health, dental, or eye examinations or any part thereof, to
520520 15 immunizations, or to vision and hearing screening tests on
521521 16 religious grounds shall not be required to undergo the
522522 17 examinations, tests, or immunizations to which they so object
523523 18 if such parents or legal guardians present to the appropriate
524524 19 local school authority a signed Certificate of Religious
525525 20 Exemption detailing the grounds for objection and the specific
526526 21 immunizations, tests, or examinations to which they object.
527527 22 The grounds for objection must set forth the specific
528528 23 religious belief that conflicts with the examination, test,
529529 24 immunization, or other medical intervention. The signed
530530 25 certificate shall also reflect the parent's or legal
531531 26 guardian's understanding of the school's exclusion policies in
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542542 1 the case of a vaccine-preventable disease outbreak or
543543 2 exposure. The certificate must also be signed by the
544544 3 authorized examining health care provider responsible for the
545545 4 performance of the child's health examination confirming that
546546 5 the provider provided education to the parent or legal
547547 6 guardian on the benefits of immunization and the health risks
548548 7 to the student and to the community of the communicable
549549 8 diseases for which immunization is required in this State.
550550 9 However, the health care provider's signature on the
551551 10 certificate reflects only that education was provided and does
552552 11 not allow a health care provider grounds to determine a
553553 12 religious exemption. Those receiving immunizations required
554554 13 under this Code shall be provided with the relevant vaccine
555555 14 information statements that are required to be disseminated by
556556 15 the federal National Childhood Vaccine Injury Act of 1986,
557557 16 which may contain information on circumstances when a vaccine
558558 17 should not be administered, prior to administering a vaccine.
559559 18 A healthcare provider may consider including without
560560 19 limitation the nationally accepted recommendations from
561561 20 federal agencies such as the Advisory Committee on
562562 21 Immunization Practices, the information outlined in the
563563 22 relevant vaccine information statement, and vaccine package
564564 23 inserts, along with the healthcare provider's clinical
565565 24 judgment, to determine whether any child may be more
566566 25 susceptible to experiencing an adverse vaccine reaction than
567567 26 the general population, and, if so, the healthcare provider
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578578 1 may exempt the child from an immunization or adopt an
579579 2 individualized immunization schedule. The Certificate of
580580 3 Religious Exemption shall be created by the Department of
581581 4 Public Health and shall be made available and used by parents
582582 5 and legal guardians by the beginning of the 2015-2016 school
583583 6 year. Parents or legal guardians must submit the Certificate
584584 7 of Religious Exemption to their local school authority prior
585585 8 to entering kindergarten, sixth grade, and ninth grade for
586586 9 each child for which they are requesting an exemption. The
587587 10 religious objection stated need not be directed by the tenets
588588 11 of an established religious organization. However, general
589589 12 philosophical or moral reluctance to allow physical
590590 13 examinations, eye examinations, immunizations, vision and
591591 14 hearing screenings, or dental examinations does not provide a
592592 15 sufficient basis for an exception to statutory requirements.
593593 16 The local school authority is responsible for determining if
594594 17 the content of the Certificate of Religious Exemption
595595 18 constitutes a valid religious objection. The local school
596596 19 authority shall inform the parent or legal guardian of
597597 20 exclusion procedures, in accordance with the Department's
598598 21 rules under Part 690 of Title 77 of the Illinois
599599 22 Administrative Code, at the time the objection is presented.
600600 23 If the physical condition of the child is such that any one
601601 24 or more of the immunizing agents should not be administered,
602602 25 the examining physician, advanced practice registered nurse,
603603 26 or physician assistant responsible for the performance of the
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614614 1 health examination shall endorse that fact upon the health
615615 2 examination form.
616616 3 Exempting a child from the health, dental, or eye
617617 4 examination does not exempt the child from participation in
618618 5 the program of physical education training provided in
619619 6 Sections 27-5 through 27-7 of this Code.
620620 7 (8.5) The school board of a school district shall include
621621 8 informational materials regarding influenza and influenza
622622 9 vaccinations and meningococcal disease and meningococcal
623623 10 vaccinations developed, provided, or approved by the
624624 11 Department of Public Health under Section 2310-700 of the
625625 12 Department of Public Health Powers and Duties Law of the Civil
626626 13 Administrative Code of Illinois when the board provides
627627 14 information on immunizations, infectious diseases,
628628 15 medications, or other school health issues to the parents or
629629 16 guardians of students.
630630 17 (9) For the purposes of this Section, "nursery schools"
631631 18 means those nursery schools operated by elementary school
632632 19 systems or secondary level school units or institutions of
633633 20 higher learning.
634634 21 (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
635635 22 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
636636 23 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
637637 24 eff. 7-12-19; 101-643, eff. 6-18-20.)
638638 25 Section 95. The College Student Immunization Act is
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649649 1 amended by changing Section 2 as follows:
650650 2 (110 ILCS 20/2) (from Ch. 144, par. 2602)
651651 3 Sec. 2. Proof of immunization. No person shall attend a
652652 4 post-secondary educational institution without presenting
653653 5 proof that he or she has received such immunizations against
654654 6 preventable communicable diseases as the Department shall
655655 7 require by rules and regulations promulgated pursuant to this
656656 8 Act and the Communicable Disease Prevention Act "An Act in
657657 9 relation to the prevention of certain communicable diseases",
658658 10 approved July 5, 1967, as now or hereafter amended, except as
659659 11 provided in Section 3 of this Act and except as otherwise
660660 12 provided in the COVID-19 Vaccine Freedom of Choice in
661661 13 Education Act. The proof of immunization required by this
662662 14 Section shall be presented to the post-secondary educational
663663 15 institution.
664664 16 (Source: P.A. 85-1315.)
665665 17 Section 100. The Communicable Disease Prevention Act is
666666 18 amended by changing Section 2 as follows:
667667 19 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
668668 20 Sec. 2. Except as otherwise provided in the COVID-19
669669 21 Vaccine Freedom of Choice in Education Act, the The Department
670670 22 of Public Health shall promulgate rules and regulations
671671 23 requiring immunization of children against preventable
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682682 1 communicable diseases designated by the Director. Before any
683683 2 regulation or amendment thereto is prescribed, the Department
684684 3 shall conduct a public hearing regarding such regulation. In
685685 4 addition, before any regulation or any amendment to a
686686 5 regulation is adopted, and after the Immunization Advisory
687687 6 Committee has made its recommendations, the State Board of
688688 7 Health shall conduct 3 public hearings, geographically
689689 8 distributed throughout the State, regarding the regulation or
690690 9 amendment to the regulation. At the conclusion of the
691691 10 hearings, the State Board of Health shall issue a report,
692692 11 including its recommendations, to the Director. The Director
693693 12 shall take into consideration any comments or recommendations
694694 13 made by the Board based on these hearings. The Department may
695695 14 prescribe additional rules and regulations for immunization of
696696 15 other diseases as vaccines are developed.
697697 16 The provisions of this Act shall not apply if:
698698 17 1. The parent or guardian of the child objects thereto on
699699 18 the grounds that the administration of immunizing agents
700700 19 conflicts with his religious tenets or practices or,
701701 20 2. A physician employed by the parent or guardian to
702702 21 provide care and treatment to the child states that the
703703 22 physical condition of the child is such that the
704704 23 administration of one or more of the required immunizing
705705 24 agents would be detrimental to the health of the child.
706706 25 (Source: P.A. 90-607, eff. 6-30-98.)
707707 26 Section 999. Effective date. This Act takes effect upon
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