Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2286 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
33 105 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
44 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
55 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.
66 LRB103 27926 RJT 54304 b LRB103 27926 RJT 54304 b
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 27-8.1 as follows:
1616 6 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
1717 7 Sec. 27-8.1. Health examinations and immunizations.
1818 8 (1) In compliance with rules and regulations which the
1919 9 Department of Public Health shall promulgate, and except as
2020 10 hereinafter provided, all children in Illinois shall have a
2121 11 health examination as follows: within one year prior to
2222 12 entering kindergarten or the first grade of any public,
2323 13 private, or parochial elementary school; upon entering the
2424 14 sixth and ninth grades of any public, private, or parochial
2525 15 school; prior to entrance into any public, private, or
2626 16 parochial nursery school; and, irrespective of grade,
2727 17 immediately prior to or upon entrance into any public,
2828 18 private, or parochial school or nursery school, each child
2929 19 shall present proof of having been examined in accordance with
3030 20 this Section and the rules and regulations promulgated
3131 21 hereunder. Any child who received a health examination within
3232 22 one year prior to entering the fifth grade for the 2007-2008
3333 23 school year is not required to receive an additional health
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2286 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
3838 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
3939 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
4040 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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6868 1 examination in order to comply with the provisions of Public
6969 2 Act 95-422 when he or she attends school for the 2008-2009
7070 3 school year, unless the child is attending school for the
7171 4 first time as provided in this paragraph.
7272 5 A tuberculosis skin test screening shall be included as a
7373 6 required part of each health examination included under this
7474 7 Section if the child resides in an area designated by the
7575 8 Department of Public Health as having a high incidence of
7676 9 tuberculosis. Additional health examinations of pupils,
7777 10 including eye examinations, may be required when deemed
7878 11 necessary by school authorities. Parents are encouraged to
7979 12 have their children undergo eye examinations at the same
8080 13 points in time required for health examinations.
8181 14 (1.5) In compliance with rules adopted by the Department
8282 15 of Public Health and except as otherwise provided in this
8383 16 Section, all children in kindergarten and the second, sixth,
8484 17 and ninth grades of any public, private, or parochial school
8585 18 shall have a dental examination. Each of these children shall
8686 19 present proof of having been examined by a dentist in
8787 20 accordance with this Section and rules adopted under this
8888 21 Section before May 15th of the school year. If a child in the
8989 22 second, sixth, or ninth grade fails to present proof by May
9090 23 15th, the school may hold the child's report card until one of
9191 24 the following occurs: (i) the child presents proof of a
9292 25 completed dental examination or (ii) the child presents proof
9393 26 that a dental examination will take place within 60 days after
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104104 1 May 15th. A school may not withhold a child's report card
105105 2 during a school year in which the Governor has declared a
106106 3 disaster due to a public health emergency pursuant to Section
107107 4 7 of the Illinois Emergency Management Agency Act. The
108108 5 Department of Public Health shall establish, by rule, a waiver
109109 6 for children who show an undue burden or a lack of access to a
110110 7 dentist. Each public, private, and parochial school must give
111111 8 notice of this dental examination requirement to the parents
112112 9 and guardians of students at least 60 days before May 15th of
113113 10 each school year.
114114 11 (1.10) Except as otherwise provided in this Section, all
115115 12 children enrolling in kindergarten in a public, private, or
116116 13 parochial school on or after January 1, 2008 (the effective
117117 14 date of Public Act 95-671) and any student enrolling for the
118118 15 first time in a public, private, or parochial school on or
119119 16 after January 1, 2008 (the effective date of Public Act
120120 17 95-671) shall have an eye examination. Each of these children
121121 18 shall present proof of having been examined by a physician
122122 19 licensed to practice medicine in all of its branches or a
123123 20 licensed optometrist within the previous year, in accordance
124124 21 with this Section and rules adopted under this Section, before
125125 22 October 15th of the school year. If the child fails to present
126126 23 proof by October 15th, the school may hold the child's report
127127 24 card until one of the following occurs: (i) the child presents
128128 25 proof of a completed eye examination or (ii) the child
129129 26 presents proof that an eye examination will take place within
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140140 1 60 days after October 15th. A school may not withhold a child's
141141 2 report card during a school year in which the Governor has
142142 3 declared a disaster due to a public health emergency pursuant
143143 4 to Section 7 of the Illinois Emergency Management Agency Act.
144144 5 The Department of Public Health shall establish, by rule, a
145145 6 waiver for children who show an undue burden or a lack of
146146 7 access to a physician licensed to practice medicine in all of
147147 8 its branches who provides eye examinations or to a licensed
148148 9 optometrist. Each public, private, and parochial school must
149149 10 give notice of this eye examination requirement to the parents
150150 11 and guardians of students in compliance with rules of the
151151 12 Department of Public Health. Nothing in this Section shall be
152152 13 construed to allow a school to exclude a child from attending
153153 14 because of a parent's or guardian's failure to obtain an eye
154154 15 examination for the child.
155155 16 (2) The Department of Public Health shall promulgate rules
156156 17 and regulations specifying the examinations and procedures
157157 18 that constitute a health examination, which shall include an
158158 19 age-appropriate developmental screening, an age-appropriate
159159 20 social and emotional screening, a screening to determine risk
160160 21 of cardiac arrest, and the collection of data relating to
161161 22 asthma and obesity (including at a minimum, date of birth,
162162 23 gender, height, weight, blood pressure, and date of exam), and
163163 24 a dental examination and may recommend by rule that certain
164164 25 additional examinations be performed. The rules and
165165 26 regulations of the Department of Public Health shall specify
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176176 1 that a tuberculosis skin test screening shall be included as a
177177 2 required part of each health examination included under this
178178 3 Section if the child resides in an area designated by the
179179 4 Department of Public Health as having a high incidence of
180180 5 tuberculosis. With respect to the developmental screening and
181181 6 the social and emotional screening, the Department of Public
182182 7 Health must, no later than January 1, 2019, develop rules and
183183 8 appropriate revisions to the Child Health Examination form in
184184 9 conjunction with a statewide organization representing school
185185 10 boards; a statewide organization representing pediatricians;
186186 11 statewide organizations representing individuals holding
187187 12 Illinois educator licenses with school support personnel
188188 13 endorsements, including school social workers, school
189189 14 psychologists, and school nurses; a statewide organization
190190 15 representing children's mental health experts; a statewide
191191 16 organization representing school principals; the Director of
192192 17 Healthcare and Family Services or his or her designee, the
193193 18 State Superintendent of Education or his or her designee; and
194194 19 representatives of other appropriate State agencies and, at a
195195 20 minimum, must recommend the use of validated screening tools
196196 21 appropriate to the child's age or grade, and, with regard to
197197 22 the social and emotional screening, require recording only
198198 23 whether or not the screening was completed. The rules shall
199199 24 take into consideration the screening recommendations of the
200200 25 American Academy of Pediatrics and must be consistent with the
201201 26 State Board of Education's social and emotional learning
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212212 1 standards. The Department of Public Health shall specify that
213213 2 a diabetes screening as defined by rule shall be included as a
214214 3 required part of each health examination. Diabetes testing is
215215 4 not required.
216216 5 Physicians licensed to practice medicine in all of its
217217 6 branches, licensed advanced practice registered nurses, or
218218 7 licensed physician assistants shall be responsible for the
219219 8 performance of the health examinations, other than dental
220220 9 examinations, eye examinations, and vision and hearing
221221 10 screening, and shall sign all report forms required by
222222 11 subsection (4) of this Section that pertain to those portions
223223 12 of the health examination for which the physician, advanced
224224 13 practice registered nurse, or physician assistant is
225225 14 responsible. If a registered nurse performs any part of a
226226 15 health examination, then a physician licensed to practice
227227 16 medicine in all of its branches must review and sign all
228228 17 required report forms. Licensed dentists shall perform all
229229 18 dental examinations and shall sign all report forms required
230230 19 by subsection (4) of this Section that pertain to the dental
231231 20 examinations. Physicians licensed to practice medicine in all
232232 21 its branches or licensed optometrists shall perform all eye
233233 22 examinations required by this Section and shall sign all
234234 23 report forms required by subsection (4) of this Section that
235235 24 pertain to the eye examination. For purposes of this Section,
236236 25 an eye examination shall at a minimum include history, visual
237237 26 acuity, subjective refraction to best visual acuity near and
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248248 1 far, internal and external examination, and a glaucoma
249249 2 evaluation, as well as any other tests or observations that in
250250 3 the professional judgment of the doctor are necessary. Vision
251251 4 and hearing screening tests, which shall not be considered
252252 5 examinations as that term is used in this Section, shall be
253253 6 conducted in accordance with rules and regulations of the
254254 7 Department of Public Health, and by individuals whom the
255255 8 Department of Public Health has certified. In these rules and
256256 9 regulations, the Department of Public Health shall require
257257 10 that individuals conducting vision screening tests give a
258258 11 child's parent or guardian written notification, before the
259259 12 vision screening is conducted, that states, "Vision screening
260260 13 is not a substitute for a complete eye and vision evaluation by
261261 14 an eye doctor. Your child is not required to undergo this
262262 15 vision screening if an optometrist or ophthalmologist has
263263 16 completed and signed a report form indicating that an
264264 17 examination has been administered within the previous 12
265265 18 months.".
266266 19 (2.5) With respect to the developmental screening and the
267267 20 social and emotional screening portion of the health
268268 21 examination, each child may present proof of having been
269269 22 screened in accordance with this Section and the rules adopted
270270 23 under this Section before October 15th of the school year.
271271 24 With regard to the social and emotional screening only, the
272272 25 examining health care provider shall only record whether or
273273 26 not the screening was completed. If the child fails to present
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284284 1 proof of the developmental screening or the social and
285285 2 emotional screening portions of the health examination by
286286 3 October 15th of the school year, qualified school support
287287 4 personnel may, with a parent's or guardian's consent, offer
288288 5 the developmental screening or the social and emotional
289289 6 screening to the child. Each public, private, and parochial
290290 7 school must give notice of the developmental screening and
291291 8 social and emotional screening requirements to the parents and
292292 9 guardians of students in compliance with the rules of the
293293 10 Department of Public Health. Nothing in this Section shall be
294294 11 construed to allow a school to exclude a child from attending
295295 12 because of a parent's or guardian's failure to obtain a
296296 13 developmental screening or a social and emotional screening
297297 14 for the child. Once a developmental screening or a social and
298298 15 emotional screening is completed and proof has been presented
299299 16 to the school, the school may, with a parent's or guardian's
300300 17 consent, make available appropriate school personnel to work
301301 18 with the parent or guardian, the child, and the provider who
302302 19 signed the screening form to obtain any appropriate
303303 20 evaluations and services as indicated on the form and in other
304304 21 information and documentation provided by the parents,
305305 22 guardians, or provider.
306306 23 (3) Every child shall, at or about the same time as he or
307307 24 she receives a health examination required by subsection (1)
308308 25 of this Section, present to the local school proof of having
309309 26 received such immunizations against preventable communicable
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320320 1 diseases as the Department of Public Health shall require by
321321 2 rules and regulations promulgated pursuant to this Section and
322322 3 the Communicable Disease Prevention Act.
323323 4 (4) The individuals conducting the health examination,
324324 5 dental examination, or eye examination shall record the fact
325325 6 of having conducted the examination, and such additional
326326 7 information as required, including for a health examination
327327 8 data relating to asthma and obesity (including at a minimum,
328328 9 date of birth, gender, height, weight, blood pressure, and
329329 10 date of exam), on uniform forms which the Department of Public
330330 11 Health and the State Board of Education shall prescribe for
331331 12 statewide use. The examiner shall summarize on the report form
332332 13 any condition that he or she suspects indicates a need for
333333 14 special services, including for a health examination factors
334334 15 relating to asthma or obesity. The duty to summarize on the
335335 16 report form does not apply to social and emotional screenings.
336336 17 The confidentiality of the information and records relating to
337337 18 the developmental screening and the social and emotional
338338 19 screening shall be determined by the statutes, rules, and
339339 20 professional ethics governing the type of provider conducting
340340 21 the screening. The individuals confirming the administration
341341 22 of required immunizations shall record as indicated on the
342342 23 form that the immunizations were administered.
343343 24 (5) If a child does not submit proof of having had either
344344 25 the health examination or the immunization as required, then
345345 26 the child shall be examined or receive the immunization, as
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356356 1 the case may be, and present proof by October 15 of the current
357357 2 school year, or by an earlier date of the current school year
358358 3 established by a school district. To establish a date before
359359 4 October 15 of the current school year for the health
360360 5 examination or immunization as required, a school district
361361 6 must give notice of the requirements of this Section 60 days
362362 7 prior to the earlier established date. If for medical reasons
363363 8 one or more of the required immunizations must be given after
364364 9 October 15 of the current school year, or after an earlier
365365 10 established date of the current school year, then the child
366366 11 shall present, by October 15, or by the earlier established
367367 12 date, a schedule for the administration of the immunizations
368368 13 and a statement of the medical reasons causing the delay, both
369369 14 the schedule and the statement being issued by the physician,
370370 15 advanced practice registered nurse, physician assistant,
371371 16 registered nurse, or local health department that will be
372372 17 responsible for administration of the remaining required
373373 18 immunizations. If a child does not comply by October 15, or by
374374 19 the earlier established date of the current school year, with
375375 20 the requirements of this subsection, then the local school
376376 21 authority shall exclude that child from school until such time
377377 22 as the child presents proof of having had the health
378378 23 examination as required and presents proof of having received
379379 24 those required immunizations which are medically possible to
380380 25 receive immediately. During a child's exclusion from school
381381 26 for noncompliance with this subsection, the child's parents or
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392392 1 legal guardian shall be considered in violation of Section
393393 2 26-1 and subject to any penalty imposed by Section 26-10. This
394394 3 subsection (5) does not apply to dental examinations, eye
395395 4 examinations, and the developmental screening and the social
396396 5 and emotional screening portions of the health examination. If
397397 6 the student is an out-of-state transfer student and does not
398398 7 have the proof required under this subsection (5) before
399399 8 October 15 of the current year or whatever date is set by the
400400 9 school district, then he or she may only attend classes (i) if
401401 10 he or she has proof that an appointment for the required
402402 11 vaccinations has been scheduled with a party authorized to
403403 12 submit proof of the required vaccinations. If the proof of
404404 13 vaccination required under this subsection (5) is not
405405 14 submitted within 30 days after the student is permitted to
406406 15 attend classes, then the student is not to be permitted to
407407 16 attend classes until proof of the vaccinations has been
408408 17 properly submitted. No school district or employee of a school
409409 18 district shall be held liable for any injury or illness to
410410 19 another person that results from admitting an out-of-state
411411 20 transfer student to class that has an appointment scheduled
412412 21 pursuant to this subsection (5).
413413 22 (6) Every school shall report to the State Board of
414414 23 Education by November 15, in the manner which that agency
415415 24 shall require, the number of children who have received the
416416 25 necessary immunizations and the health examination (other than
417417 26 a dental examination or eye examination) as required,
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428428 1 indicating, of those who have not received the immunizations
429429 2 and examination as required, the number of children who are
430430 3 exempt from health examination and immunization requirements
431431 4 on religious or medical grounds as provided in subsection (8).
432432 5 On or before December 1 of each year, every public school
433433 6 district and registered nonpublic school shall make publicly
434434 7 available the immunization data they are required to submit to
435435 8 the State Board of Education by November 15. The immunization
436436 9 data made publicly available must be identical to the data the
437437 10 school district or school has reported to the State Board of
438438 11 Education.
439439 12 Every school shall report to the State Board of Education
440440 13 by June 30, in the manner that the State Board requires, the
441441 14 number of children who have received the required dental
442442 15 examination, indicating, of those who have not received the
443443 16 required dental examination, the number of children who are
444444 17 exempt from the dental examination on religious grounds as
445445 18 provided in subsection (8) of this Section and the number of
446446 19 children who have received a waiver under subsection (1.5) of
447447 20 this Section.
448448 21 Every school shall report to the State Board of Education
449449 22 by June 30, in the manner that the State Board requires, the
450450 23 number of children who have received the required eye
451451 24 examination, indicating, of those who have not received the
452452 25 required eye examination, the number of children who are
453453 26 exempt from the eye examination as provided in subsection (8)
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464464 1 of this Section, the number of children who have received a
465465 2 waiver under subsection (1.10) of this Section, and the total
466466 3 number of children in noncompliance with the eye examination
467467 4 requirement.
468468 5 The reported information under this subsection (6) shall
469469 6 be provided to the Department of Public Health by the State
470470 7 Board of Education.
471471 8 (7) Upon determining that the number of pupils who are
472472 9 required to be in compliance with subsection (5) of this
473473 10 Section is below 90% of the number of pupils enrolled in the
474474 11 school district, 10% of each State aid payment made pursuant
475475 12 to Section 18-8.05 or 18-8.15 to the school district for such
476476 13 year may be withheld by the State Board of Education until the
477477 14 number of students in compliance with subsection (5) is the
478478 15 applicable specified percentage or higher.
479479 16 (8) Children of parents or legal guardians who object to
480480 17 health, dental, or eye examinations or any part thereof, to
481481 18 immunizations, or to vision and hearing screening tests on
482482 19 religious grounds shall not be required to undergo the
483483 20 examinations, tests, or immunizations to which they so object
484484 21 if such parents or legal guardians present to the appropriate
485485 22 local school authority a signed Certificate of Religious
486486 23 Exemption detailing the grounds for objection and the specific
487487 24 immunizations, tests, or examinations to which they object.
488488 25 The grounds for objection must set forth the specific
489489 26 religious belief that conflicts with the examination, test,
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500500 1 immunization, or other medical intervention. The signed
501501 2 certificate shall also reflect the parent's or legal
502502 3 guardian's understanding of the school's exclusion policies in
503503 4 the case of a vaccine-preventable disease outbreak or
504504 5 exposure. The certificate must also be signed by the
505505 6 authorized examining health care provider responsible for the
506506 7 performance of the child's health examination confirming that
507507 8 the provider provided education to the parent or legal
508508 9 guardian on the benefits of immunization and the health risks
509509 10 to the student and to the community of the communicable
510510 11 diseases for which immunization is required in this State.
511511 12 However, the health care provider's signature on the
512512 13 certificate reflects only that education was provided and does
513513 14 not allow a health care provider grounds to determine a
514514 15 religious exemption. Those receiving immunizations required
515515 16 under this Code shall be provided with the relevant vaccine
516516 17 information statements that are required to be disseminated by
517517 18 the federal National Childhood Vaccine Injury Act of 1986,
518518 19 which may contain information on circumstances when a vaccine
519519 20 should not be administered, prior to administering a vaccine.
520520 21 A healthcare provider may consider including without
521521 22 limitation the nationally accepted recommendations from
522522 23 federal agencies such as the Advisory Committee on
523523 24 Immunization Practices, the information outlined in the
524524 25 relevant vaccine information statement, and vaccine package
525525 26 inserts, along with the healthcare provider's clinical
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536536 1 judgment, to determine whether any child may be more
537537 2 susceptible to experiencing an adverse vaccine reaction than
538538 3 the general population, and, if so, the healthcare provider
539539 4 may exempt the child from an immunization or adopt an
540540 5 individualized immunization schedule. The Certificate of
541541 6 Religious Exemption shall be created by the Department of
542542 7 Public Health and shall be made available and used by parents
543543 8 and legal guardians by the beginning of the 2015-2016 school
544544 9 year. Parents or legal guardians must submit the Certificate
545545 10 of Religious Exemption to their local school authority prior
546546 11 to entering kindergarten, sixth grade, and ninth grade for
547547 12 each child for which they are requesting an exemption. The
548548 13 religious objection stated need not be directed by the tenets
549549 14 of an established religious organization. However, general
550550 15 philosophical or moral reluctance to allow physical
551551 16 examinations, eye examinations, immunizations, vision and
552552 17 hearing screenings, or dental examinations does not provide a
553553 18 sufficient basis for an exception to statutory requirements.
554554 19 The local school authority is responsible for determining if
555555 20 the content of the Certificate of Religious Exemption
556556 21 constitutes a valid religious objection. The local school
557557 22 authority shall inform the parent or legal guardian of
558558 23 exclusion procedures, in accordance with the Department's
559559 24 rules under Part 690 of Title 77 of the Illinois
560560 25 Administrative Code, at the time the objection is presented.
561561 26 If the physical condition of the child is such that any one
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572572 1 or more of the immunizing agents should not be administered,
573573 2 the examining physician, advanced practice registered nurse,
574574 3 or physician assistant responsible for the performance of the
575575 4 health examination shall endorse that fact upon the health
576576 5 examination form.
577577 6 Exempting a child from the health, dental, or eye
578578 7 examination does not exempt the child from participation in
579579 8 the program of physical education training provided in
580580 9 Sections 27-5 through 27-7 of this Code.
581581 10 (8.5) The school board of a school district shall include
582582 11 informational materials regarding influenza and influenza
583583 12 vaccinations and meningococcal disease and meningococcal
584584 13 vaccinations developed, provided, or approved by the
585585 14 Department of Public Health under Section 2310-700 of the
586586 15 Department of Public Health Powers and Duties Law of the Civil
587587 16 Administrative Code of Illinois when the board provides
588588 17 information on immunizations, infectious diseases,
589589 18 medications, or other school health issues to the parents or
590590 19 guardians of students.
591591 20 (9) For the purposes of this Section, "nursery schools"
592592 21 means those nursery schools operated by elementary school
593593 22 systems or secondary level school units or institutions of
594594 23 higher learning.
595595 24 (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
596596 25 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
597597 26 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
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608608 1 eff. 7-12-19; 101-643, eff. 6-18-20.)
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