Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2286 Latest Draft

Bill / Introduced Version Filed 02/10/2023

                            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
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
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
    LRB103 27926 RJT 54304 b
A BILL FOR
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1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The School Code is amended by changing Section
5  27-8.1 as follows:
6  (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
7  Sec. 27-8.1. Health examinations and immunizations.
8  (1) In compliance with rules and regulations which the
9  Department of Public Health shall promulgate, and except as
10  hereinafter provided, all children in Illinois shall have a
11  health examination as follows: within one year prior to
12  entering kindergarten or the first grade of any public,
13  private, or parochial elementary school; upon entering the
14  sixth and ninth grades of any public, private, or parochial
15  school; prior to entrance into any public, private, or
16  parochial nursery school; and, irrespective of grade,
17  immediately prior to or upon entrance into any public,
18  private, or parochial school or nursery school, each child
19  shall present proof of having been examined in accordance with
20  this Section and the rules and regulations promulgated
21  hereunder. Any child who received a health examination within
22  one year prior to entering the fifth grade for the 2007-2008
23  school year is not required to receive an additional health

 

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
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.
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    LRB103 27926 RJT 54304 b
A BILL FOR

 

 

105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1



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1  examination in order to comply with the provisions of Public
2  Act 95-422 when he or she attends school for the 2008-2009
3  school year, unless the child is attending school for the
4  first time as provided in this paragraph.
5  A tuberculosis skin test screening shall be included as a
6  required part of each health examination included under this
7  Section if the child resides in an area designated by the
8  Department of Public Health as having a high incidence of
9  tuberculosis. Additional health examinations of pupils,
10  including eye examinations, may be required when deemed
11  necessary by school authorities. Parents are encouraged to
12  have their children undergo eye examinations at the same
13  points in time required for health examinations.
14  (1.5) In compliance with rules adopted by the Department
15  of Public Health and except as otherwise provided in this
16  Section, all children in kindergarten and the second, sixth,
17  and ninth grades of any public, private, or parochial school
18  shall have a dental examination. Each of these children shall
19  present proof of having been examined by a dentist in
20  accordance with this Section and rules adopted under this
21  Section before May 15th of the school year. If a child in the
22  second, sixth, or ninth grade fails to present proof by May
23  15th, the school may hold the child's report card until one of
24  the following occurs: (i) the child presents proof of a
25  completed dental examination or (ii) the child presents proof
26  that a dental examination will take place within 60 days after

 

 

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1  May 15th. A school may not withhold a child's report card
2  during a school year in which the Governor has declared a
3  disaster due to a public health emergency pursuant to Section
4  7 of the Illinois Emergency Management Agency Act. The
5  Department of Public Health shall establish, by rule, a waiver
6  for children who show an undue burden or a lack of access to a
7  dentist. Each public, private, and parochial school must give
8  notice of this dental examination requirement to the parents
9  and guardians of students at least 60 days before May 15th of
10  each school year.
11  (1.10) Except as otherwise provided in this Section, all
12  children enrolling in kindergarten in a public, private, or
13  parochial school on or after January 1, 2008 (the effective
14  date of Public Act 95-671) and any student enrolling for the
15  first time in a public, private, or parochial school on or
16  after January 1, 2008 (the effective date of Public Act
17  95-671) shall have an eye examination. Each of these children
18  shall present proof of having been examined by a physician
19  licensed to practice medicine in all of its branches or a
20  licensed optometrist within the previous year, in accordance
21  with this Section and rules adopted under this Section, before
22  October 15th of the school year. If the child fails to present
23  proof by October 15th, the school may hold the child's report
24  card until one of the following occurs: (i) the child presents
25  proof of a completed eye examination or (ii) the child
26  presents proof that an eye examination will take place within

 

 

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1  60 days after October 15th. A school may not withhold a child's
2  report card during a school year in which the Governor has
3  declared a disaster due to a public health emergency pursuant
4  to Section 7 of the Illinois Emergency Management Agency Act.
5  The Department of Public Health shall establish, by rule, a
6  waiver for children who show an undue burden or a lack of
7  access to a physician licensed to practice medicine in all of
8  its branches who provides eye examinations or to a licensed
9  optometrist. Each public, private, and parochial school must
10  give notice of this eye examination requirement to the parents
11  and guardians of students in compliance with rules of the
12  Department of Public Health. Nothing in this Section shall be
13  construed to allow a school to exclude a child from attending
14  because of a parent's or guardian's failure to obtain an eye
15  examination for the child.
16  (2) The Department of Public Health shall promulgate rules
17  and regulations specifying the examinations and procedures
18  that constitute a health examination, which shall include an
19  age-appropriate developmental screening, an age-appropriate
20  social and emotional screening, a screening to determine risk
21  of cardiac arrest, and the collection of data relating to
22  asthma and obesity (including at a minimum, date of birth,
23  gender, height, weight, blood pressure, and date of exam), and
24  a dental examination and may recommend by rule that certain
25  additional examinations be performed. The rules and
26  regulations of the Department of Public Health shall specify

 

 

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1  that a tuberculosis skin test screening shall be included as a
2  required part of each health examination included under this
3  Section if the child resides in an area designated by the
4  Department of Public Health as having a high incidence of
5  tuberculosis. With respect to the developmental screening and
6  the social and emotional screening, the Department of Public
7  Health must, no later than January 1, 2019, develop rules and
8  appropriate revisions to the Child Health Examination form in
9  conjunction with a statewide organization representing school
10  boards; a statewide organization representing pediatricians;
11  statewide organizations representing individuals holding
12  Illinois educator licenses with school support personnel
13  endorsements, including school social workers, school
14  psychologists, and school nurses; a statewide organization
15  representing children's mental health experts; a statewide
16  organization representing school principals; the Director of
17  Healthcare and Family Services or his or her designee, the
18  State Superintendent of Education or his or her designee; and
19  representatives of other appropriate State agencies and, at a
20  minimum, must recommend the use of validated screening tools
21  appropriate to the child's age or grade, and, with regard to
22  the social and emotional screening, require recording only
23  whether or not the screening was completed. The rules shall
24  take into consideration the screening recommendations of the
25  American Academy of Pediatrics and must be consistent with the
26  State Board of Education's social and emotional learning

 

 

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1  standards. The Department of Public Health shall specify that
2  a diabetes screening as defined by rule shall be included as a
3  required part of each health examination. Diabetes testing is
4  not required.
5  Physicians licensed to practice medicine in all of its
6  branches, licensed advanced practice registered nurses, or
7  licensed physician assistants shall be responsible for the
8  performance of the health examinations, other than dental
9  examinations, eye examinations, and vision and hearing
10  screening, and shall sign all report forms required by
11  subsection (4) of this Section that pertain to those portions
12  of the health examination for which the physician, advanced
13  practice registered nurse, or physician assistant is
14  responsible. If a registered nurse performs any part of a
15  health examination, then a physician licensed to practice
16  medicine in all of its branches must review and sign all
17  required report forms. Licensed dentists shall perform all
18  dental examinations and shall sign all report forms required
19  by subsection (4) of this Section that pertain to the dental
20  examinations. Physicians licensed to practice medicine in all
21  its branches or licensed optometrists shall perform all eye
22  examinations required by this Section and shall sign all
23  report forms required by subsection (4) of this Section that
24  pertain to the eye examination. For purposes of this Section,
25  an eye examination shall at a minimum include history, visual
26  acuity, subjective refraction to best visual acuity near and

 

 

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1  far, internal and external examination, and a glaucoma
2  evaluation, as well as any other tests or observations that in
3  the professional judgment of the doctor are necessary. Vision
4  and hearing screening tests, which shall not be considered
5  examinations as that term is used in this Section, shall be
6  conducted in accordance with rules and regulations of the
7  Department of Public Health, and by individuals whom the
8  Department of Public Health has certified. In these rules and
9  regulations, the Department of Public Health shall require
10  that individuals conducting vision screening tests give a
11  child's parent or guardian written notification, before the
12  vision screening is conducted, that states, "Vision screening
13  is not a substitute for a complete eye and vision evaluation by
14  an eye doctor. Your child is not required to undergo this
15  vision screening if an optometrist or ophthalmologist has
16  completed and signed a report form indicating that an
17  examination has been administered within the previous 12
18  months.".
19  (2.5) With respect to the developmental screening and the
20  social and emotional screening portion of the health
21  examination, each child may present proof of having been
22  screened in accordance with this Section and the rules adopted
23  under this Section before October 15th of the school year.
24  With regard to the social and emotional screening only, the
25  examining health care provider shall only record whether or
26  not the screening was completed. If the child fails to present

 

 

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1  proof of the developmental screening or the social and
2  emotional screening portions of the health examination by
3  October 15th of the school year, qualified school support
4  personnel may, with a parent's or guardian's consent, offer
5  the developmental screening or the social and emotional
6  screening to the child. Each public, private, and parochial
7  school must give notice of the developmental screening and
8  social and emotional screening requirements to the parents and
9  guardians of students in compliance with the rules of the
10  Department of Public Health. Nothing in this Section shall be
11  construed to allow a school to exclude a child from attending
12  because of a parent's or guardian's failure to obtain a
13  developmental screening or a social and emotional screening
14  for the child. Once a developmental screening or a social and
15  emotional screening is completed and proof has been presented
16  to the school, the school may, with a parent's or guardian's
17  consent, make available appropriate school personnel to work
18  with the parent or guardian, the child, and the provider who
19  signed the screening form to obtain any appropriate
20  evaluations and services as indicated on the form and in other
21  information and documentation provided by the parents,
22  guardians, or provider.
23  (3) Every child shall, at or about the same time as he or
24  she receives a health examination required by subsection (1)
25  of this Section, present to the local school proof of having
26  received such immunizations against preventable communicable

 

 

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1  diseases as the Department of Public Health shall require by
2  rules and regulations promulgated pursuant to this Section and
3  the Communicable Disease Prevention Act.
4  (4) The individuals conducting the health examination,
5  dental examination, or eye examination shall record the fact
6  of having conducted the examination, and such additional
7  information as required, including for a health examination
8  data relating to asthma and obesity (including at a minimum,
9  date of birth, gender, height, weight, blood pressure, and
10  date of exam), on uniform forms which the Department of Public
11  Health and the State Board of Education shall prescribe for
12  statewide use. The examiner shall summarize on the report form
13  any condition that he or she suspects indicates a need for
14  special services, including for a health examination factors
15  relating to asthma or obesity. The duty to summarize on the
16  report form does not apply to social and emotional screenings.
17  The confidentiality of the information and records relating to
18  the developmental screening and the social and emotional
19  screening shall be determined by the statutes, rules, and
20  professional ethics governing the type of provider conducting
21  the screening. The individuals confirming the administration
22  of required immunizations shall record as indicated on the
23  form that the immunizations were administered.
24  (5) If a child does not submit proof of having had either
25  the health examination or the immunization as required, then
26  the child shall be examined or receive the immunization, as

 

 

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1  the case may be, and present proof by October 15 of the current
2  school year, or by an earlier date of the current school year
3  established by a school district. To establish a date before
4  October 15 of the current school year for the health
5  examination or immunization as required, a school district
6  must give notice of the requirements of this Section 60 days
7  prior to the earlier established date. If for medical reasons
8  one or more of the required immunizations must be given after
9  October 15 of the current school year, or after an earlier
10  established date of the current school year, then the child
11  shall present, by October 15, or by the earlier established
12  date, a schedule for the administration of the immunizations
13  and a statement of the medical reasons causing the delay, both
14  the schedule and the statement being issued by the physician,
15  advanced practice registered nurse, physician assistant,
16  registered nurse, or local health department that will be
17  responsible for administration of the remaining required
18  immunizations. If a child does not comply by October 15, or by
19  the earlier established date of the current school year, with
20  the requirements of this subsection, then the local school
21  authority shall exclude that child from school until such time
22  as the child presents proof of having had the health
23  examination as required and presents proof of having received
24  those required immunizations which are medically possible to
25  receive immediately. During a child's exclusion from school
26  for noncompliance with this subsection, the child's parents or

 

 

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1  legal guardian shall be considered in violation of Section
2  26-1 and subject to any penalty imposed by Section 26-10. This
3  subsection (5) does not apply to dental examinations, eye
4  examinations, and the developmental screening and the social
5  and emotional screening portions of the health examination. If
6  the student is an out-of-state transfer student and does not
7  have the proof required under this subsection (5) before
8  October 15 of the current year or whatever date is set by the
9  school district, then he or she may only attend classes (i) if
10  he or she has proof that an appointment for the required
11  vaccinations has been scheduled with a party authorized to
12  submit proof of the required vaccinations. If the proof of
13  vaccination required under this subsection (5) is not
14  submitted within 30 days after the student is permitted to
15  attend classes, then the student is not to be permitted to
16  attend classes until proof of the vaccinations has been
17  properly submitted. No school district or employee of a school
18  district shall be held liable for any injury or illness to
19  another person that results from admitting an out-of-state
20  transfer student to class that has an appointment scheduled
21  pursuant to this subsection (5).
22  (6) Every school shall report to the State Board of
23  Education by November 15, in the manner which that agency
24  shall require, the number of children who have received the
25  necessary immunizations and the health examination (other than
26  a dental examination or eye examination) as required,

 

 

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1  indicating, of those who have not received the immunizations
2  and examination as required, the number of children who are
3  exempt from health examination and immunization requirements
4  on religious or medical grounds as provided in subsection (8).
5  On or before December 1 of each year, every public school
6  district and registered nonpublic school shall make publicly
7  available the immunization data they are required to submit to
8  the State Board of Education by November 15. The immunization
9  data made publicly available must be identical to the data the
10  school district or school has reported to the State Board of
11  Education.
12  Every school shall report to the State Board of Education
13  by June 30, in the manner that the State Board requires, the
14  number of children who have received the required dental
15  examination, indicating, of those who have not received the
16  required dental examination, the number of children who are
17  exempt from the dental examination on religious grounds as
18  provided in subsection (8) of this Section and the number of
19  children who have received a waiver under subsection (1.5) of
20  this Section.
21  Every school shall report to the State Board of Education
22  by June 30, in the manner that the State Board requires, the
23  number of children who have received the required eye
24  examination, indicating, of those who have not received the
25  required eye examination, the number of children who are
26  exempt from the eye examination as provided in subsection (8)

 

 

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1  of this Section, the number of children who have received a
2  waiver under subsection (1.10) of this Section, and the total
3  number of children in noncompliance with the eye examination
4  requirement.
5  The reported information under this subsection (6) shall
6  be provided to the Department of Public Health by the State
7  Board of Education.
8  (7) Upon determining that the number of pupils who are
9  required to be in compliance with subsection (5) of this
10  Section is below 90% of the number of pupils enrolled in the
11  school district, 10% of each State aid payment made pursuant
12  to Section 18-8.05 or 18-8.15 to the school district for such
13  year may be withheld by the State Board of Education until the
14  number of students in compliance with subsection (5) is the
15  applicable specified percentage or higher.
16  (8) Children of parents or legal guardians who object to
17  health, dental, or eye examinations or any part thereof, to
18  immunizations, or to vision and hearing screening tests on
19  religious grounds shall not be required to undergo the
20  examinations, tests, or immunizations to which they so object
21  if such parents or legal guardians present to the appropriate
22  local school authority a signed Certificate of Religious
23  Exemption detailing the grounds for objection and the specific
24  immunizations, tests, or examinations to which they object.
25  The grounds for objection must set forth the specific
26  religious belief that conflicts with the examination, test,

 

 

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1  immunization, or other medical intervention. The signed
2  certificate shall also reflect the parent's or legal
3  guardian's understanding of the school's exclusion policies in
4  the case of a vaccine-preventable disease outbreak or
5  exposure. The certificate must also be signed by the
6  authorized examining health care provider responsible for the
7  performance of the child's health examination confirming that
8  the provider provided education to the parent or legal
9  guardian on the benefits of immunization and the health risks
10  to the student and to the community of the communicable
11  diseases for which immunization is required in this State.
12  However, the health care provider's signature on the
13  certificate reflects only that education was provided and does
14  not allow a health care provider grounds to determine a
15  religious exemption. Those receiving immunizations required
16  under this Code shall be provided with the relevant vaccine
17  information statements that are required to be disseminated by
18  the federal National Childhood Vaccine Injury Act of 1986,
19  which may contain information on circumstances when a vaccine
20  should not be administered, prior to administering a vaccine.
21  A healthcare provider may consider including without
22  limitation the nationally accepted recommendations from
23  federal agencies such as the Advisory Committee on
24  Immunization Practices, the information outlined in the
25  relevant vaccine information statement, and vaccine package
26  inserts, along with the healthcare provider's clinical

 

 

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1  judgment, to determine whether any child may be more
2  susceptible to experiencing an adverse vaccine reaction than
3  the general population, and, if so, the healthcare provider
4  may exempt the child from an immunization or adopt an
5  individualized immunization schedule. The Certificate of
6  Religious Exemption shall be created by the Department of
7  Public Health and shall be made available and used by parents
8  and legal guardians by the beginning of the 2015-2016 school
9  year. Parents or legal guardians must submit the Certificate
10  of Religious Exemption to their local school authority prior
11  to entering kindergarten, sixth grade, and ninth grade for
12  each child for which they are requesting an exemption. The
13  religious objection stated need not be directed by the tenets
14  of an established religious organization. However, general
15  philosophical or moral reluctance to allow physical
16  examinations, eye examinations, immunizations, vision and
17  hearing screenings, or dental examinations does not provide a
18  sufficient basis for an exception to statutory requirements.
19  The local school authority is responsible for determining if
20  the content of the Certificate of Religious Exemption
21  constitutes a valid religious objection. The local school
22  authority shall inform the parent or legal guardian of
23  exclusion procedures, in accordance with the Department's
24  rules under Part 690 of Title 77 of the Illinois
25  Administrative Code, at the time the objection is presented.
26  If the physical condition of the child is such that any one

 

 

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1  or more of the immunizing agents should not be administered,
2  the examining physician, advanced practice registered nurse,
3  or physician assistant responsible for the performance of the
4  health examination shall endorse that fact upon the health
5  examination form.
6  Exempting a child from the health, dental, or eye
7  examination does not exempt the child from participation in
8  the program of physical education training provided in
9  Sections 27-5 through 27-7 of this Code.
10  (8.5) The school board of a school district shall include
11  informational materials regarding influenza and influenza
12  vaccinations and meningococcal disease and meningococcal
13  vaccinations developed, provided, or approved by the
14  Department of Public Health under Section 2310-700 of the
15  Department of Public Health Powers and Duties Law of the Civil
16  Administrative Code of Illinois when the board provides
17  information on immunizations, infectious diseases,
18  medications, or other school health issues to the parents or
19  guardians of students.
20  (9) For the purposes of this Section, "nursery schools"
21  means those nursery schools operated by elementary school
22  systems or secondary level school units or institutions of
23  higher learning.
24  (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
25  100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
26  8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,

 

 

  SB2286 - 16 - LRB103 27926 RJT 54304 b


SB2286- 17 -LRB103 27926 RJT 54304 b   SB2286 - 17 - LRB103 27926 RJT 54304 b
  SB2286 - 17 - LRB103 27926 RJT 54304 b
1  eff. 7-12-19; 101-643, eff. 6-18-20.)

 

 

  SB2286 - 17 - LRB103 27926 RJT 54304 b