1 | 1 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination. LRB103 27926 RJT 54304 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination. LRB103 27926 RJT 54304 b LRB103 27926 RJT 54304 b A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 |
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4 | 4 | | 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 |
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5 | 5 | | Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination. |
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6 | 6 | | LRB103 27926 RJT 54304 b LRB103 27926 RJT 54304 b |
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7 | 7 | | LRB103 27926 RJT 54304 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | SB2286LRB103 27926 RJT 54304 b SB2286 LRB103 27926 RJT 54304 b |
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10 | 10 | | SB2286 LRB103 27926 RJT 54304 b |
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11 | 11 | | 1 AN ACT concerning education. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The School Code is amended by changing Section |
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15 | 15 | | 5 27-8.1 as follows: |
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16 | 16 | | 6 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
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17 | 17 | | 7 Sec. 27-8.1. Health examinations and immunizations. |
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18 | 18 | | 8 (1) In compliance with rules and regulations which the |
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19 | 19 | | 9 Department of Public Health shall promulgate, and except as |
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20 | 20 | | 10 hereinafter provided, all children in Illinois shall have a |
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21 | 21 | | 11 health examination as follows: within one year prior to |
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22 | 22 | | 12 entering kindergarten or the first grade of any public, |
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23 | 23 | | 13 private, or parochial elementary school; upon entering the |
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24 | 24 | | 14 sixth and ninth grades of any public, private, or parochial |
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25 | 25 | | 15 school; prior to entrance into any public, private, or |
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26 | 26 | | 16 parochial nursery school; and, irrespective of grade, |
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27 | 27 | | 17 immediately prior to or upon entrance into any public, |
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28 | 28 | | 18 private, or parochial school or nursery school, each child |
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29 | 29 | | 19 shall present proof of having been examined in accordance with |
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30 | 30 | | 20 this Section and the rules and regulations promulgated |
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31 | 31 | | 21 hereunder. Any child who received a health examination within |
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32 | 32 | | 22 one year prior to entering the fifth grade for the 2007-2008 |
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33 | 33 | | 23 school year is not required to receive an additional health |
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34 | 34 | | |
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36 | 36 | | |
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37 | 37 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 |
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39 | 39 | | 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 |
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40 | 40 | | Amends the Courses of Study Article of the School Code. Provides that a screening to determine risk of cardiac arrest shall be included in the required health examination. |
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41 | 41 | | LRB103 27926 RJT 54304 b LRB103 27926 RJT 54304 b |
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42 | 42 | | LRB103 27926 RJT 54304 b |
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43 | 43 | | A BILL FOR |
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44 | 44 | | |
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45 | 45 | | |
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46 | 46 | | |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | LRB103 27926 RJT 54304 b |
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62 | 62 | | |
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63 | 63 | | SB2286 LRB103 27926 RJT 54304 b |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | SB2286- 2 -LRB103 27926 RJT 54304 b SB2286 - 2 - LRB103 27926 RJT 54304 b |
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67 | 67 | | SB2286 - 2 - LRB103 27926 RJT 54304 b |
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68 | 68 | | 1 examination in order to comply with the provisions of Public |
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69 | 69 | | 2 Act 95-422 when he or she attends school for the 2008-2009 |
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70 | 70 | | 3 school year, unless the child is attending school for the |
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71 | 71 | | 4 first time as provided in this paragraph. |
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72 | 72 | | 5 A tuberculosis skin test screening shall be included as a |
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73 | 73 | | 6 required part of each health examination included under this |
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74 | 74 | | 7 Section if the child resides in an area designated by the |
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75 | 75 | | 8 Department of Public Health as having a high incidence of |
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76 | 76 | | 9 tuberculosis. Additional health examinations of pupils, |
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77 | 77 | | 10 including eye examinations, may be required when deemed |
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78 | 78 | | 11 necessary by school authorities. Parents are encouraged to |
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79 | 79 | | 12 have their children undergo eye examinations at the same |
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80 | 80 | | 13 points in time required for health examinations. |
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81 | 81 | | 14 (1.5) In compliance with rules adopted by the Department |
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82 | 82 | | 15 of Public Health and except as otherwise provided in this |
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83 | 83 | | 16 Section, all children in kindergarten and the second, sixth, |
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84 | 84 | | 17 and ninth grades of any public, private, or parochial school |
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85 | 85 | | 18 shall have a dental examination. Each of these children shall |
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86 | 86 | | 19 present proof of having been examined by a dentist in |
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87 | 87 | | 20 accordance with this Section and rules adopted under this |
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88 | 88 | | 21 Section before May 15th of the school year. If a child in the |
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89 | 89 | | 22 second, sixth, or ninth grade fails to present proof by May |
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90 | 90 | | 23 15th, the school may hold the child's report card until one of |
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91 | 91 | | 24 the following occurs: (i) the child presents proof of a |
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92 | 92 | | 25 completed dental examination or (ii) the child presents proof |
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93 | 93 | | 26 that a dental examination will take place within 60 days after |
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94 | 94 | | |
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98 | 98 | | |
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99 | 99 | | SB2286 - 2 - LRB103 27926 RJT 54304 b |
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102 | 102 | | SB2286- 3 -LRB103 27926 RJT 54304 b SB2286 - 3 - LRB103 27926 RJT 54304 b |
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103 | 103 | | SB2286 - 3 - LRB103 27926 RJT 54304 b |
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104 | 104 | | 1 May 15th. A school may not withhold a child's report card |
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105 | 105 | | 2 during a school year in which the Governor has declared a |
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106 | 106 | | 3 disaster due to a public health emergency pursuant to Section |
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107 | 107 | | 4 7 of the Illinois Emergency Management Agency Act. The |
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108 | 108 | | 5 Department of Public Health shall establish, by rule, a waiver |
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109 | 109 | | 6 for children who show an undue burden or a lack of access to a |
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110 | 110 | | 7 dentist. Each public, private, and parochial school must give |
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111 | 111 | | 8 notice of this dental examination requirement to the parents |
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112 | 112 | | 9 and guardians of students at least 60 days before May 15th of |
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113 | 113 | | 10 each school year. |
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114 | 114 | | 11 (1.10) Except as otherwise provided in this Section, all |
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115 | 115 | | 12 children enrolling in kindergarten in a public, private, or |
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116 | 116 | | 13 parochial school on or after January 1, 2008 (the effective |
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117 | 117 | | 14 date of Public Act 95-671) and any student enrolling for the |
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118 | 118 | | 15 first time in a public, private, or parochial school on or |
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119 | 119 | | 16 after January 1, 2008 (the effective date of Public Act |
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120 | 120 | | 17 95-671) shall have an eye examination. Each of these children |
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121 | 121 | | 18 shall present proof of having been examined by a physician |
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122 | 122 | | 19 licensed to practice medicine in all of its branches or a |
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123 | 123 | | 20 licensed optometrist within the previous year, in accordance |
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124 | 124 | | 21 with this Section and rules adopted under this Section, before |
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125 | 125 | | 22 October 15th of the school year. If the child fails to present |
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126 | 126 | | 23 proof by October 15th, the school may hold the child's report |
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127 | 127 | | 24 card until one of the following occurs: (i) the child presents |
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128 | 128 | | 25 proof of a completed eye examination or (ii) the child |
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129 | 129 | | 26 presents proof that an eye examination will take place within |
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130 | 130 | | |
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131 | 131 | | |
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132 | 132 | | |
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134 | 134 | | |
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135 | 135 | | SB2286 - 3 - LRB103 27926 RJT 54304 b |
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138 | 138 | | SB2286- 4 -LRB103 27926 RJT 54304 b SB2286 - 4 - LRB103 27926 RJT 54304 b |
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139 | 139 | | SB2286 - 4 - LRB103 27926 RJT 54304 b |
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140 | 140 | | 1 60 days after October 15th. A school may not withhold a child's |
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141 | 141 | | 2 report card during a school year in which the Governor has |
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142 | 142 | | 3 declared a disaster due to a public health emergency pursuant |
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143 | 143 | | 4 to Section 7 of the Illinois Emergency Management Agency Act. |
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144 | 144 | | 5 The Department of Public Health shall establish, by rule, a |
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145 | 145 | | 6 waiver for children who show an undue burden or a lack of |
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146 | 146 | | 7 access to a physician licensed to practice medicine in all of |
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147 | 147 | | 8 its branches who provides eye examinations or to a licensed |
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148 | 148 | | 9 optometrist. Each public, private, and parochial school must |
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149 | 149 | | 10 give notice of this eye examination requirement to the parents |
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150 | 150 | | 11 and guardians of students in compliance with rules of the |
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151 | 151 | | 12 Department of Public Health. Nothing in this Section shall be |
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152 | 152 | | 13 construed to allow a school to exclude a child from attending |
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153 | 153 | | 14 because of a parent's or guardian's failure to obtain an eye |
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154 | 154 | | 15 examination for the child. |
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155 | 155 | | 16 (2) The Department of Public Health shall promulgate rules |
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156 | 156 | | 17 and regulations specifying the examinations and procedures |
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157 | 157 | | 18 that constitute a health examination, which shall include an |
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158 | 158 | | 19 age-appropriate developmental screening, an age-appropriate |
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159 | 159 | | 20 social and emotional screening, a screening to determine risk |
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160 | 160 | | 21 of cardiac arrest, and the collection of data relating to |
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161 | 161 | | 22 asthma and obesity (including at a minimum, date of birth, |
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162 | 162 | | 23 gender, height, weight, blood pressure, and date of exam), and |
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163 | 163 | | 24 a dental examination and may recommend by rule that certain |
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164 | 164 | | 25 additional examinations be performed. The rules and |
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165 | 165 | | 26 regulations of the Department of Public Health shall specify |
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166 | 166 | | |
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168 | 168 | | |
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170 | 170 | | |
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171 | 171 | | SB2286 - 4 - LRB103 27926 RJT 54304 b |
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174 | 174 | | SB2286- 5 -LRB103 27926 RJT 54304 b SB2286 - 5 - LRB103 27926 RJT 54304 b |
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175 | 175 | | SB2286 - 5 - LRB103 27926 RJT 54304 b |
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176 | 176 | | 1 that a tuberculosis skin test screening shall be included as a |
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177 | 177 | | 2 required part of each health examination included under this |
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178 | 178 | | 3 Section if the child resides in an area designated by the |
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179 | 179 | | 4 Department of Public Health as having a high incidence of |
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180 | 180 | | 5 tuberculosis. With respect to the developmental screening and |
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181 | 181 | | 6 the social and emotional screening, the Department of Public |
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182 | 182 | | 7 Health must, no later than January 1, 2019, develop rules and |
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183 | 183 | | 8 appropriate revisions to the Child Health Examination form in |
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184 | 184 | | 9 conjunction with a statewide organization representing school |
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185 | 185 | | 10 boards; a statewide organization representing pediatricians; |
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186 | 186 | | 11 statewide organizations representing individuals holding |
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187 | 187 | | 12 Illinois educator licenses with school support personnel |
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188 | 188 | | 13 endorsements, including school social workers, school |
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189 | 189 | | 14 psychologists, and school nurses; a statewide organization |
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190 | 190 | | 15 representing children's mental health experts; a statewide |
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191 | 191 | | 16 organization representing school principals; the Director of |
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192 | 192 | | 17 Healthcare and Family Services or his or her designee, the |
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193 | 193 | | 18 State Superintendent of Education or his or her designee; and |
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194 | 194 | | 19 representatives of other appropriate State agencies and, at a |
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195 | 195 | | 20 minimum, must recommend the use of validated screening tools |
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196 | 196 | | 21 appropriate to the child's age or grade, and, with regard to |
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197 | 197 | | 22 the social and emotional screening, require recording only |
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198 | 198 | | 23 whether or not the screening was completed. The rules shall |
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199 | 199 | | 24 take into consideration the screening recommendations of the |
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200 | 200 | | 25 American Academy of Pediatrics and must be consistent with the |
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201 | 201 | | 26 State Board of Education's social and emotional learning |
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207 | 207 | | SB2286 - 5 - LRB103 27926 RJT 54304 b |
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210 | 210 | | SB2286- 6 -LRB103 27926 RJT 54304 b SB2286 - 6 - LRB103 27926 RJT 54304 b |
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211 | 211 | | SB2286 - 6 - LRB103 27926 RJT 54304 b |
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212 | 212 | | 1 standards. The Department of Public Health shall specify that |
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213 | 213 | | 2 a diabetes screening as defined by rule shall be included as a |
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214 | 214 | | 3 required part of each health examination. Diabetes testing is |
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215 | 215 | | 4 not required. |
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216 | 216 | | 5 Physicians licensed to practice medicine in all of its |
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217 | 217 | | 6 branches, licensed advanced practice registered nurses, or |
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218 | 218 | | 7 licensed physician assistants shall be responsible for the |
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219 | 219 | | 8 performance of the health examinations, other than dental |
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220 | 220 | | 9 examinations, eye examinations, and vision and hearing |
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221 | 221 | | 10 screening, and shall sign all report forms required by |
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222 | 222 | | 11 subsection (4) of this Section that pertain to those portions |
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223 | 223 | | 12 of the health examination for which the physician, advanced |
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224 | 224 | | 13 practice registered nurse, or physician assistant is |
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225 | 225 | | 14 responsible. If a registered nurse performs any part of a |
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226 | 226 | | 15 health examination, then a physician licensed to practice |
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227 | 227 | | 16 medicine in all of its branches must review and sign all |
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228 | 228 | | 17 required report forms. Licensed dentists shall perform all |
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229 | 229 | | 18 dental examinations and shall sign all report forms required |
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230 | 230 | | 19 by subsection (4) of this Section that pertain to the dental |
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231 | 231 | | 20 examinations. Physicians licensed to practice medicine in all |
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232 | 232 | | 21 its branches or licensed optometrists shall perform all eye |
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233 | 233 | | 22 examinations required by this Section and shall sign all |
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234 | 234 | | 23 report forms required by subsection (4) of this Section that |
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235 | 235 | | 24 pertain to the eye examination. For purposes of this Section, |
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236 | 236 | | 25 an eye examination shall at a minimum include history, visual |
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237 | 237 | | 26 acuity, subjective refraction to best visual acuity near and |
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238 | 238 | | |
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243 | 243 | | SB2286 - 6 - LRB103 27926 RJT 54304 b |
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246 | 246 | | SB2286- 7 -LRB103 27926 RJT 54304 b SB2286 - 7 - LRB103 27926 RJT 54304 b |
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247 | 247 | | SB2286 - 7 - LRB103 27926 RJT 54304 b |
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248 | 248 | | 1 far, internal and external examination, and a glaucoma |
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249 | 249 | | 2 evaluation, as well as any other tests or observations that in |
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250 | 250 | | 3 the professional judgment of the doctor are necessary. Vision |
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251 | 251 | | 4 and hearing screening tests, which shall not be considered |
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252 | 252 | | 5 examinations as that term is used in this Section, shall be |
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253 | 253 | | 6 conducted in accordance with rules and regulations of the |
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254 | 254 | | 7 Department of Public Health, and by individuals whom the |
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255 | 255 | | 8 Department of Public Health has certified. In these rules and |
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256 | 256 | | 9 regulations, the Department of Public Health shall require |
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257 | 257 | | 10 that individuals conducting vision screening tests give a |
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258 | 258 | | 11 child's parent or guardian written notification, before the |
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259 | 259 | | 12 vision screening is conducted, that states, "Vision screening |
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260 | 260 | | 13 is not a substitute for a complete eye and vision evaluation by |
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261 | 261 | | 14 an eye doctor. Your child is not required to undergo this |
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262 | 262 | | 15 vision screening if an optometrist or ophthalmologist has |
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263 | 263 | | 16 completed and signed a report form indicating that an |
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264 | 264 | | 17 examination has been administered within the previous 12 |
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265 | 265 | | 18 months.". |
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266 | 266 | | 19 (2.5) With respect to the developmental screening and the |
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267 | 267 | | 20 social and emotional screening portion of the health |
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268 | 268 | | 21 examination, each child may present proof of having been |
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269 | 269 | | 22 screened in accordance with this Section and the rules adopted |
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270 | 270 | | 23 under this Section before October 15th of the school year. |
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271 | 271 | | 24 With regard to the social and emotional screening only, the |
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272 | 272 | | 25 examining health care provider shall only record whether or |
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273 | 273 | | 26 not the screening was completed. If the child fails to present |
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279 | 279 | | SB2286 - 7 - LRB103 27926 RJT 54304 b |
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282 | 282 | | SB2286- 8 -LRB103 27926 RJT 54304 b SB2286 - 8 - LRB103 27926 RJT 54304 b |
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283 | 283 | | SB2286 - 8 - LRB103 27926 RJT 54304 b |
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284 | 284 | | 1 proof of the developmental screening or the social and |
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285 | 285 | | 2 emotional screening portions of the health examination by |
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286 | 286 | | 3 October 15th of the school year, qualified school support |
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287 | 287 | | 4 personnel may, with a parent's or guardian's consent, offer |
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288 | 288 | | 5 the developmental screening or the social and emotional |
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289 | 289 | | 6 screening to the child. Each public, private, and parochial |
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290 | 290 | | 7 school must give notice of the developmental screening and |
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291 | 291 | | 8 social and emotional screening requirements to the parents and |
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292 | 292 | | 9 guardians of students in compliance with the rules of the |
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293 | 293 | | 10 Department of Public Health. Nothing in this Section shall be |
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294 | 294 | | 11 construed to allow a school to exclude a child from attending |
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295 | 295 | | 12 because of a parent's or guardian's failure to obtain a |
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296 | 296 | | 13 developmental screening or a social and emotional screening |
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297 | 297 | | 14 for the child. Once a developmental screening or a social and |
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298 | 298 | | 15 emotional screening is completed and proof has been presented |
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299 | 299 | | 16 to the school, the school may, with a parent's or guardian's |
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300 | 300 | | 17 consent, make available appropriate school personnel to work |
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301 | 301 | | 18 with the parent or guardian, the child, and the provider who |
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302 | 302 | | 19 signed the screening form to obtain any appropriate |
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303 | 303 | | 20 evaluations and services as indicated on the form and in other |
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304 | 304 | | 21 information and documentation provided by the parents, |
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305 | 305 | | 22 guardians, or provider. |
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306 | 306 | | 23 (3) Every child shall, at or about the same time as he or |
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307 | 307 | | 24 she receives a health examination required by subsection (1) |
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308 | 308 | | 25 of this Section, present to the local school proof of having |
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309 | 309 | | 26 received such immunizations against preventable communicable |
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310 | 310 | | |
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315 | 315 | | SB2286 - 8 - LRB103 27926 RJT 54304 b |
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318 | 318 | | SB2286- 9 -LRB103 27926 RJT 54304 b SB2286 - 9 - LRB103 27926 RJT 54304 b |
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319 | 319 | | SB2286 - 9 - LRB103 27926 RJT 54304 b |
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320 | 320 | | 1 diseases as the Department of Public Health shall require by |
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321 | 321 | | 2 rules and regulations promulgated pursuant to this Section and |
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322 | 322 | | 3 the Communicable Disease Prevention Act. |
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323 | 323 | | 4 (4) The individuals conducting the health examination, |
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324 | 324 | | 5 dental examination, or eye examination shall record the fact |
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325 | 325 | | 6 of having conducted the examination, and such additional |
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326 | 326 | | 7 information as required, including for a health examination |
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327 | 327 | | 8 data relating to asthma and obesity (including at a minimum, |
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328 | 328 | | 9 date of birth, gender, height, weight, blood pressure, and |
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329 | 329 | | 10 date of exam), on uniform forms which the Department of Public |
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330 | 330 | | 11 Health and the State Board of Education shall prescribe for |
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331 | 331 | | 12 statewide use. The examiner shall summarize on the report form |
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332 | 332 | | 13 any condition that he or she suspects indicates a need for |
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333 | 333 | | 14 special services, including for a health examination factors |
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334 | 334 | | 15 relating to asthma or obesity. The duty to summarize on the |
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335 | 335 | | 16 report form does not apply to social and emotional screenings. |
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336 | 336 | | 17 The confidentiality of the information and records relating to |
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337 | 337 | | 18 the developmental screening and the social and emotional |
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338 | 338 | | 19 screening shall be determined by the statutes, rules, and |
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339 | 339 | | 20 professional ethics governing the type of provider conducting |
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340 | 340 | | 21 the screening. The individuals confirming the administration |
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341 | 341 | | 22 of required immunizations shall record as indicated on the |
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342 | 342 | | 23 form that the immunizations were administered. |
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343 | 343 | | 24 (5) If a child does not submit proof of having had either |
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344 | 344 | | 25 the health examination or the immunization as required, then |
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345 | 345 | | 26 the child shall be examined or receive the immunization, as |
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351 | 351 | | SB2286 - 9 - LRB103 27926 RJT 54304 b |
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354 | 354 | | SB2286- 10 -LRB103 27926 RJT 54304 b SB2286 - 10 - LRB103 27926 RJT 54304 b |
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355 | 355 | | SB2286 - 10 - LRB103 27926 RJT 54304 b |
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356 | 356 | | 1 the case may be, and present proof by October 15 of the current |
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357 | 357 | | 2 school year, or by an earlier date of the current school year |
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358 | 358 | | 3 established by a school district. To establish a date before |
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359 | 359 | | 4 October 15 of the current school year for the health |
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360 | 360 | | 5 examination or immunization as required, a school district |
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361 | 361 | | 6 must give notice of the requirements of this Section 60 days |
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362 | 362 | | 7 prior to the earlier established date. If for medical reasons |
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363 | 363 | | 8 one or more of the required immunizations must be given after |
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364 | 364 | | 9 October 15 of the current school year, or after an earlier |
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365 | 365 | | 10 established date of the current school year, then the child |
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366 | 366 | | 11 shall present, by October 15, or by the earlier established |
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367 | 367 | | 12 date, a schedule for the administration of the immunizations |
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368 | 368 | | 13 and a statement of the medical reasons causing the delay, both |
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369 | 369 | | 14 the schedule and the statement being issued by the physician, |
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370 | 370 | | 15 advanced practice registered nurse, physician assistant, |
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371 | 371 | | 16 registered nurse, or local health department that will be |
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372 | 372 | | 17 responsible for administration of the remaining required |
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373 | 373 | | 18 immunizations. If a child does not comply by October 15, or by |
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374 | 374 | | 19 the earlier established date of the current school year, with |
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375 | 375 | | 20 the requirements of this subsection, then the local school |
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376 | 376 | | 21 authority shall exclude that child from school until such time |
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377 | 377 | | 22 as the child presents proof of having had the health |
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378 | 378 | | 23 examination as required and presents proof of having received |
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379 | 379 | | 24 those required immunizations which are medically possible to |
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380 | 380 | | 25 receive immediately. During a child's exclusion from school |
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381 | 381 | | 26 for noncompliance with this subsection, the child's parents or |
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382 | 382 | | |
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383 | 383 | | |
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384 | 384 | | |
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385 | 385 | | |
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386 | 386 | | |
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387 | 387 | | SB2286 - 10 - LRB103 27926 RJT 54304 b |
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388 | 388 | | |
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389 | 389 | | |
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390 | 390 | | SB2286- 11 -LRB103 27926 RJT 54304 b SB2286 - 11 - LRB103 27926 RJT 54304 b |
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391 | 391 | | SB2286 - 11 - LRB103 27926 RJT 54304 b |
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392 | 392 | | 1 legal guardian shall be considered in violation of Section |
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393 | 393 | | 2 26-1 and subject to any penalty imposed by Section 26-10. This |
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394 | 394 | | 3 subsection (5) does not apply to dental examinations, eye |
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395 | 395 | | 4 examinations, and the developmental screening and the social |
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396 | 396 | | 5 and emotional screening portions of the health examination. If |
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397 | 397 | | 6 the student is an out-of-state transfer student and does not |
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398 | 398 | | 7 have the proof required under this subsection (5) before |
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399 | 399 | | 8 October 15 of the current year or whatever date is set by the |
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400 | 400 | | 9 school district, then he or she may only attend classes (i) if |
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401 | 401 | | 10 he or she has proof that an appointment for the required |
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402 | 402 | | 11 vaccinations has been scheduled with a party authorized to |
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403 | 403 | | 12 submit proof of the required vaccinations. If the proof of |
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404 | 404 | | 13 vaccination required under this subsection (5) is not |
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405 | 405 | | 14 submitted within 30 days after the student is permitted to |
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406 | 406 | | 15 attend classes, then the student is not to be permitted to |
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407 | 407 | | 16 attend classes until proof of the vaccinations has been |
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408 | 408 | | 17 properly submitted. No school district or employee of a school |
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409 | 409 | | 18 district shall be held liable for any injury or illness to |
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410 | 410 | | 19 another person that results from admitting an out-of-state |
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411 | 411 | | 20 transfer student to class that has an appointment scheduled |
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412 | 412 | | 21 pursuant to this subsection (5). |
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413 | 413 | | 22 (6) Every school shall report to the State Board of |
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414 | 414 | | 23 Education by November 15, in the manner which that agency |
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415 | 415 | | 24 shall require, the number of children who have received the |
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416 | 416 | | 25 necessary immunizations and the health examination (other than |
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417 | 417 | | 26 a dental examination or eye examination) as required, |
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418 | 418 | | |
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419 | 419 | | |
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420 | 420 | | |
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421 | 421 | | |
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422 | 422 | | |
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423 | 423 | | SB2286 - 11 - LRB103 27926 RJT 54304 b |
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424 | 424 | | |
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425 | 425 | | |
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426 | 426 | | SB2286- 12 -LRB103 27926 RJT 54304 b SB2286 - 12 - LRB103 27926 RJT 54304 b |
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427 | 427 | | SB2286 - 12 - LRB103 27926 RJT 54304 b |
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428 | 428 | | 1 indicating, of those who have not received the immunizations |
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429 | 429 | | 2 and examination as required, the number of children who are |
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430 | 430 | | 3 exempt from health examination and immunization requirements |
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431 | 431 | | 4 on religious or medical grounds as provided in subsection (8). |
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432 | 432 | | 5 On or before December 1 of each year, every public school |
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433 | 433 | | 6 district and registered nonpublic school shall make publicly |
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434 | 434 | | 7 available the immunization data they are required to submit to |
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435 | 435 | | 8 the State Board of Education by November 15. The immunization |
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436 | 436 | | 9 data made publicly available must be identical to the data the |
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437 | 437 | | 10 school district or school has reported to the State Board of |
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438 | 438 | | 11 Education. |
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439 | 439 | | 12 Every school shall report to the State Board of Education |
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440 | 440 | | 13 by June 30, in the manner that the State Board requires, the |
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441 | 441 | | 14 number of children who have received the required dental |
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442 | 442 | | 15 examination, indicating, of those who have not received the |
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443 | 443 | | 16 required dental examination, the number of children who are |
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444 | 444 | | 17 exempt from the dental examination on religious grounds as |
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445 | 445 | | 18 provided in subsection (8) of this Section and the number of |
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446 | 446 | | 19 children who have received a waiver under subsection (1.5) of |
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447 | 447 | | 20 this Section. |
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448 | 448 | | 21 Every school shall report to the State Board of Education |
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449 | 449 | | 22 by June 30, in the manner that the State Board requires, the |
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450 | 450 | | 23 number of children who have received the required eye |
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451 | 451 | | 24 examination, indicating, of those who have not received the |
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452 | 452 | | 25 required eye examination, the number of children who are |
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453 | 453 | | 26 exempt from the eye examination as provided in subsection (8) |
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454 | 454 | | |
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455 | 455 | | |
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456 | 456 | | |
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457 | 457 | | |
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458 | 458 | | |
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459 | 459 | | SB2286 - 12 - LRB103 27926 RJT 54304 b |
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460 | 460 | | |
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461 | 461 | | |
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462 | 462 | | SB2286- 13 -LRB103 27926 RJT 54304 b SB2286 - 13 - LRB103 27926 RJT 54304 b |
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463 | 463 | | SB2286 - 13 - LRB103 27926 RJT 54304 b |
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464 | 464 | | 1 of this Section, the number of children who have received a |
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465 | 465 | | 2 waiver under subsection (1.10) of this Section, and the total |
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466 | 466 | | 3 number of children in noncompliance with the eye examination |
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467 | 467 | | 4 requirement. |
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468 | 468 | | 5 The reported information under this subsection (6) shall |
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469 | 469 | | 6 be provided to the Department of Public Health by the State |
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470 | 470 | | 7 Board of Education. |
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471 | 471 | | 8 (7) Upon determining that the number of pupils who are |
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472 | 472 | | 9 required to be in compliance with subsection (5) of this |
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473 | 473 | | 10 Section is below 90% of the number of pupils enrolled in the |
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474 | 474 | | 11 school district, 10% of each State aid payment made pursuant |
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475 | 475 | | 12 to Section 18-8.05 or 18-8.15 to the school district for such |
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476 | 476 | | 13 year may be withheld by the State Board of Education until the |
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477 | 477 | | 14 number of students in compliance with subsection (5) is the |
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478 | 478 | | 15 applicable specified percentage or higher. |
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479 | 479 | | 16 (8) Children of parents or legal guardians who object to |
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480 | 480 | | 17 health, dental, or eye examinations or any part thereof, to |
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481 | 481 | | 18 immunizations, or to vision and hearing screening tests on |
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482 | 482 | | 19 religious grounds shall not be required to undergo the |
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483 | 483 | | 20 examinations, tests, or immunizations to which they so object |
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484 | 484 | | 21 if such parents or legal guardians present to the appropriate |
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485 | 485 | | 22 local school authority a signed Certificate of Religious |
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486 | 486 | | 23 Exemption detailing the grounds for objection and the specific |
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487 | 487 | | 24 immunizations, tests, or examinations to which they object. |
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488 | 488 | | 25 The grounds for objection must set forth the specific |
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489 | 489 | | 26 religious belief that conflicts with the examination, test, |
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490 | 490 | | |
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491 | 491 | | |
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492 | 492 | | |
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493 | 493 | | |
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494 | 494 | | |
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495 | 495 | | SB2286 - 13 - LRB103 27926 RJT 54304 b |
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496 | 496 | | |
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497 | 497 | | |
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498 | 498 | | SB2286- 14 -LRB103 27926 RJT 54304 b SB2286 - 14 - LRB103 27926 RJT 54304 b |
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499 | 499 | | SB2286 - 14 - LRB103 27926 RJT 54304 b |
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500 | 500 | | 1 immunization, or other medical intervention. The signed |
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501 | 501 | | 2 certificate shall also reflect the parent's or legal |
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502 | 502 | | 3 guardian's understanding of the school's exclusion policies in |
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503 | 503 | | 4 the case of a vaccine-preventable disease outbreak or |
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504 | 504 | | 5 exposure. The certificate must also be signed by the |
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505 | 505 | | 6 authorized examining health care provider responsible for the |
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506 | 506 | | 7 performance of the child's health examination confirming that |
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507 | 507 | | 8 the provider provided education to the parent or legal |
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508 | 508 | | 9 guardian on the benefits of immunization and the health risks |
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509 | 509 | | 10 to the student and to the community of the communicable |
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510 | 510 | | 11 diseases for which immunization is required in this State. |
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511 | 511 | | 12 However, the health care provider's signature on the |
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512 | 512 | | 13 certificate reflects only that education was provided and does |
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513 | 513 | | 14 not allow a health care provider grounds to determine a |
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514 | 514 | | 15 religious exemption. Those receiving immunizations required |
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515 | 515 | | 16 under this Code shall be provided with the relevant vaccine |
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516 | 516 | | 17 information statements that are required to be disseminated by |
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517 | 517 | | 18 the federal National Childhood Vaccine Injury Act of 1986, |
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518 | 518 | | 19 which may contain information on circumstances when a vaccine |
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519 | 519 | | 20 should not be administered, prior to administering a vaccine. |
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520 | 520 | | 21 A healthcare provider may consider including without |
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521 | 521 | | 22 limitation the nationally accepted recommendations from |
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522 | 522 | | 23 federal agencies such as the Advisory Committee on |
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523 | 523 | | 24 Immunization Practices, the information outlined in the |
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524 | 524 | | 25 relevant vaccine information statement, and vaccine package |
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525 | 525 | | 26 inserts, along with the healthcare provider's clinical |
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526 | 526 | | |
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527 | 527 | | |
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528 | 528 | | |
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529 | 529 | | |
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530 | 530 | | |
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531 | 531 | | SB2286 - 14 - LRB103 27926 RJT 54304 b |
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532 | 532 | | |
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533 | 533 | | |
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534 | 534 | | SB2286- 15 -LRB103 27926 RJT 54304 b SB2286 - 15 - LRB103 27926 RJT 54304 b |
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535 | 535 | | SB2286 - 15 - LRB103 27926 RJT 54304 b |
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536 | 536 | | 1 judgment, to determine whether any child may be more |
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537 | 537 | | 2 susceptible to experiencing an adverse vaccine reaction than |
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538 | 538 | | 3 the general population, and, if so, the healthcare provider |
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539 | 539 | | 4 may exempt the child from an immunization or adopt an |
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540 | 540 | | 5 individualized immunization schedule. The Certificate of |
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541 | 541 | | 6 Religious Exemption shall be created by the Department of |
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542 | 542 | | 7 Public Health and shall be made available and used by parents |
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543 | 543 | | 8 and legal guardians by the beginning of the 2015-2016 school |
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544 | 544 | | 9 year. Parents or legal guardians must submit the Certificate |
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545 | 545 | | 10 of Religious Exemption to their local school authority prior |
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546 | 546 | | 11 to entering kindergarten, sixth grade, and ninth grade for |
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547 | 547 | | 12 each child for which they are requesting an exemption. The |
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548 | 548 | | 13 religious objection stated need not be directed by the tenets |
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549 | 549 | | 14 of an established religious organization. However, general |
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550 | 550 | | 15 philosophical or moral reluctance to allow physical |
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551 | 551 | | 16 examinations, eye examinations, immunizations, vision and |
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552 | 552 | | 17 hearing screenings, or dental examinations does not provide a |
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553 | 553 | | 18 sufficient basis for an exception to statutory requirements. |
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554 | 554 | | 19 The local school authority is responsible for determining if |
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555 | 555 | | 20 the content of the Certificate of Religious Exemption |
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556 | 556 | | 21 constitutes a valid religious objection. The local school |
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557 | 557 | | 22 authority shall inform the parent or legal guardian of |
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558 | 558 | | 23 exclusion procedures, in accordance with the Department's |
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559 | 559 | | 24 rules under Part 690 of Title 77 of the Illinois |
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560 | 560 | | 25 Administrative Code, at the time the objection is presented. |
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561 | 561 | | 26 If the physical condition of the child is such that any one |
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562 | 562 | | |
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563 | 563 | | |
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564 | 564 | | |
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565 | 565 | | |
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566 | 566 | | |
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567 | 567 | | SB2286 - 15 - LRB103 27926 RJT 54304 b |
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568 | 568 | | |
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569 | 569 | | |
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570 | 570 | | SB2286- 16 -LRB103 27926 RJT 54304 b SB2286 - 16 - LRB103 27926 RJT 54304 b |
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571 | 571 | | SB2286 - 16 - LRB103 27926 RJT 54304 b |
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572 | 572 | | 1 or more of the immunizing agents should not be administered, |
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573 | 573 | | 2 the examining physician, advanced practice registered nurse, |
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574 | 574 | | 3 or physician assistant responsible for the performance of the |
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575 | 575 | | 4 health examination shall endorse that fact upon the health |
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576 | 576 | | 5 examination form. |
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577 | 577 | | 6 Exempting a child from the health, dental, or eye |
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578 | 578 | | 7 examination does not exempt the child from participation in |
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579 | 579 | | 8 the program of physical education training provided in |
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580 | 580 | | 9 Sections 27-5 through 27-7 of this Code. |
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581 | 581 | | 10 (8.5) The school board of a school district shall include |
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582 | 582 | | 11 informational materials regarding influenza and influenza |
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583 | 583 | | 12 vaccinations and meningococcal disease and meningococcal |
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584 | 584 | | 13 vaccinations developed, provided, or approved by the |
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585 | 585 | | 14 Department of Public Health under Section 2310-700 of the |
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586 | 586 | | 15 Department of Public Health Powers and Duties Law of the Civil |
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587 | 587 | | 16 Administrative Code of Illinois when the board provides |
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588 | 588 | | 17 information on immunizations, infectious diseases, |
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589 | 589 | | 18 medications, or other school health issues to the parents or |
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590 | 590 | | 19 guardians of students. |
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591 | 591 | | 20 (9) For the purposes of this Section, "nursery schools" |
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592 | 592 | | 21 means those nursery schools operated by elementary school |
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593 | 593 | | 22 systems or secondary level school units or institutions of |
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594 | 594 | | 23 higher learning. |
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595 | 595 | | 24 (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; |
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596 | 596 | | 25 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. |
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597 | 597 | | 26 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, |
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598 | 598 | | |
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599 | 599 | | |
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600 | 600 | | |
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601 | 601 | | |
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602 | 602 | | |
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603 | 603 | | SB2286 - 16 - LRB103 27926 RJT 54304 b |
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604 | 604 | | |
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605 | 605 | | |
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606 | 606 | | SB2286- 17 -LRB103 27926 RJT 54304 b SB2286 - 17 - LRB103 27926 RJT 54304 b |
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607 | 607 | | SB2286 - 17 - LRB103 27926 RJT 54304 b |
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608 | 608 | | 1 eff. 7-12-19; 101-643, eff. 6-18-20.) |
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609 | 609 | | |
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610 | 610 | | |
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611 | 611 | | |
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612 | 612 | | |
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613 | 613 | | |
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614 | 614 | | SB2286 - 17 - LRB103 27926 RJT 54304 b |
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