Illinois 2025-2026 Regular Session

Illinois House Bill HB1792 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1792 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1410 ILCS 315/2f new Amends the School Code. In provisions concerning the health examinations and immunizations that school children are required to receive, provides that a child may not be required to submit proof of having received an immunization against COVID-19 upon enrolling in school nor may a child already enrolled in school be required to receive an immunization against COVID-19. Amends the Communicable Disease Prevention Act. Pursuant to the School Code provisions, prohibits the Department of Public Health from adopting any rules that require children to receive an immunization against COVID-19. Effective immediately. LRB104 04061 LNS 14085 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1792 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1410 ILCS 315/2f new 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 410 ILCS 315/2f new Amends the School Code. In provisions concerning the health examinations and immunizations that school children are required to receive, provides that a child may not be required to submit proof of having received an immunization against COVID-19 upon enrolling in school nor may a child already enrolled in school be required to receive an immunization against COVID-19. Amends the Communicable Disease Prevention Act. Pursuant to the School Code provisions, prohibits the Department of Public Health from adopting any rules that require children to receive an immunization against COVID-19. Effective immediately. LRB104 04061 LNS 14085 b LRB104 04061 LNS 14085 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1792 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1410 ILCS 315/2f new 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 410 ILCS 315/2f new
44 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
55 410 ILCS 315/2f new
66 Amends the School Code. In provisions concerning the health examinations and immunizations that school children are required to receive, provides that a child may not be required to submit proof of having received an immunization against COVID-19 upon enrolling in school nor may a child already enrolled in school be required to receive an immunization against COVID-19. Amends the Communicable Disease Prevention Act. Pursuant to the School Code provisions, prohibits the Department of Public Health from adopting any rules that require children to receive an immunization against COVID-19. Effective immediately.
77 LRB104 04061 LNS 14085 b LRB104 04061 LNS 14085 b
88 LRB104 04061 LNS 14085 b
99 A BILL FOR
1010 HB1792LRB104 04061 LNS 14085 b HB1792 LRB104 04061 LNS 14085 b
1111 HB1792 LRB104 04061 LNS 14085 b
1212 1 AN ACT concerning health.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The School Code is amended by changing Section
1616 5 27-8.1 as follows:
1717 6 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
1818 7 Sec. 27-8.1. Health examinations and immunizations.
1919 8 (1) In compliance with rules and regulations which the
2020 9 Department of Public Health shall promulgate, and except as
2121 10 hereinafter provided, all children in Illinois shall have a
2222 11 health examination as follows: within one year prior to
2323 12 entering kindergarten or the first grade of any public,
2424 13 private, or parochial elementary school; upon entering the
2525 14 sixth and ninth grades of any public, private, or parochial
2626 15 school; prior to entrance into any public, private, or
2727 16 parochial nursery school; and, irrespective of grade,
2828 17 immediately prior to or upon entrance into any public,
2929 18 private, or parochial school or nursery school, each child
3030 19 shall present proof of having been examined in accordance with
3131 20 this Section and the rules and regulations promulgated
3232 21 hereunder. Any child who received a health examination within
3333 22 one year prior to entering the fifth grade for the 2007-2008
3434 23 school year is not required to receive an additional health
3535
3636
3737
3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1792 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3939 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1410 ILCS 315/2f new 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 410 ILCS 315/2f new
4040 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
4141 410 ILCS 315/2f new
4242 Amends the School Code. In provisions concerning the health examinations and immunizations that school children are required to receive, provides that a child may not be required to submit proof of having received an immunization against COVID-19 upon enrolling in school nor may a child already enrolled in school be required to receive an immunization against COVID-19. Amends the Communicable Disease Prevention Act. Pursuant to the School Code provisions, prohibits the Department of Public Health from adopting any rules that require children to receive an immunization against COVID-19. Effective immediately.
4343 LRB104 04061 LNS 14085 b LRB104 04061 LNS 14085 b
4444 LRB104 04061 LNS 14085 b
4545 A BILL FOR
4646
4747
4848
4949
5050
5151 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
5252 410 ILCS 315/2f new
5353
5454
5555
5656 LRB104 04061 LNS 14085 b
5757
5858
5959
6060
6161
6262
6363
6464
6565
6666 HB1792 LRB104 04061 LNS 14085 b
6767
6868
6969 HB1792- 2 -LRB104 04061 LNS 14085 b HB1792 - 2 - LRB104 04061 LNS 14085 b
7070 HB1792 - 2 - LRB104 04061 LNS 14085 b
7171 1 examination in order to comply with the provisions of Public
7272 2 Act 95-422 when he or she attends school for the 2008-2009
7373 3 school year, unless the child is attending school for the
7474 4 first time as provided in this paragraph.
7575 5 A tuberculosis skin test screening shall be included as a
7676 6 required part of each health examination included under this
7777 7 Section if the child resides in an area designated by the
7878 8 Department of Public Health as having a high incidence of
7979 9 tuberculosis. Additional health examinations of pupils,
8080 10 including eye examinations, may be required when deemed
8181 11 necessary by school authorities. Parents are encouraged to
8282 12 have their children undergo eye examinations at the same
8383 13 points in time required for health examinations.
8484 14 (1.5) In compliance with rules adopted by the Department
8585 15 of Public Health and except as otherwise provided in this
8686 16 Section, all children in kindergarten and the second, sixth,
8787 17 and ninth grades of any public, private, or parochial school
8888 18 shall have a dental examination. Each of these children shall
8989 19 present proof of having been examined by a dentist in
9090 20 accordance with this Section and rules adopted under this
9191 21 Section before May 15th of the school year. If a child in the
9292 22 second, sixth, or ninth grade fails to present proof by May
9393 23 15th, the school may hold the child's report card until one of
9494 24 the following occurs: (i) the child presents proof of a
9595 25 completed dental examination or (ii) the child presents proof
9696 26 that a dental examination will take place within 60 days after
9797
9898
9999
100100
101101
102102 HB1792 - 2 - LRB104 04061 LNS 14085 b
103103
104104
105105 HB1792- 3 -LRB104 04061 LNS 14085 b HB1792 - 3 - LRB104 04061 LNS 14085 b
106106 HB1792 - 3 - LRB104 04061 LNS 14085 b
107107 1 May 15th. A school may not withhold a child's report card
108108 2 during a school year in which the Governor has declared a
109109 3 disaster due to a public health emergency pursuant to Section
110110 4 7 of the Illinois Emergency Management Agency Act. The
111111 5 Department of Public Health shall establish, by rule, a waiver
112112 6 for children who show an undue burden or a lack of access to a
113113 7 dentist. Each public, private, and parochial school must give
114114 8 notice of this dental examination requirement to the parents
115115 9 and guardians of students at least 60 days before May 15th of
116116 10 each school year.
117117 11 (1.10) Except as otherwise provided in this Section, all
118118 12 children enrolling in kindergarten in a public, private, or
119119 13 parochial school on or after January 1, 2008 (the effective
120120 14 date of Public Act 95-671) and any student enrolling for the
121121 15 first time in a public, private, or parochial school on or
122122 16 after January 1, 2008 (the effective date of Public Act
123123 17 95-671) shall have an eye examination. Each of these children
124124 18 shall present proof of having been examined by a physician
125125 19 licensed to practice medicine in all of its branches or a
126126 20 licensed optometrist within the previous year, in accordance
127127 21 with this Section and rules adopted under this Section, before
128128 22 October 15th of the school year. If the child fails to present
129129 23 proof by October 15th, the school may hold the child's report
130130 24 card until one of the following occurs: (i) the child presents
131131 25 proof of a completed eye examination or (ii) the child
132132 26 presents proof that an eye examination will take place within
133133
134134
135135
136136
137137
138138 HB1792 - 3 - LRB104 04061 LNS 14085 b
139139
140140
141141 HB1792- 4 -LRB104 04061 LNS 14085 b HB1792 - 4 - LRB104 04061 LNS 14085 b
142142 HB1792 - 4 - LRB104 04061 LNS 14085 b
143143 1 60 days after October 15th. A school may not withhold a child's
144144 2 report card during a school year in which the Governor has
145145 3 declared a disaster due to a public health emergency pursuant
146146 4 to Section 7 of the Illinois Emergency Management Agency Act.
147147 5 The Department of Public Health shall establish, by rule, a
148148 6 waiver for children who show an undue burden or a lack of
149149 7 access to a physician licensed to practice medicine in all of
150150 8 its branches who provides eye examinations or to a licensed
151151 9 optometrist. Each public, private, and parochial school must
152152 10 give notice of this eye examination requirement to the parents
153153 11 and guardians of students in compliance with rules of the
154154 12 Department of Public Health. Nothing in this Section shall be
155155 13 construed to allow a school to exclude a child from attending
156156 14 because of a parent's or guardian's failure to obtain an eye
157157 15 examination for the child.
158158 16 (2) The Department of Public Health shall promulgate rules
159159 17 and regulations specifying the examinations and procedures
160160 18 that constitute a health examination, which shall include an
161161 19 age-appropriate developmental screening, an age-appropriate
162162 20 social and emotional screening, and the collection of data
163163 21 relating to asthma and obesity (including at a minimum, date
164164 22 of birth, gender, height, weight, blood pressure, and date of
165165 23 exam), and a dental examination and may recommend by rule that
166166 24 certain additional examinations be performed. The rules and
167167 25 regulations of the Department of Public Health shall specify
168168 26 that a tuberculosis skin test screening shall be included as a
169169
170170
171171
172172
173173
174174 HB1792 - 4 - LRB104 04061 LNS 14085 b
175175
176176
177177 HB1792- 5 -LRB104 04061 LNS 14085 b HB1792 - 5 - LRB104 04061 LNS 14085 b
178178 HB1792 - 5 - LRB104 04061 LNS 14085 b
179179 1 required part of each health examination included under this
180180 2 Section if the child resides in an area designated by the
181181 3 Department of Public Health as having a high incidence of
182182 4 tuberculosis. With respect to the developmental screening and
183183 5 the social and emotional screening, the Department of Public
184184 6 Health must, no later than January 1, 2019, develop rules and
185185 7 appropriate revisions to the Child Health Examination form in
186186 8 conjunction with a statewide organization representing school
187187 9 boards; a statewide organization representing pediatricians;
188188 10 statewide organizations representing individuals holding
189189 11 Illinois educator licenses with school support personnel
190190 12 endorsements, including school social workers, school
191191 13 psychologists, and school nurses; a statewide organization
192192 14 representing children's mental health experts; a statewide
193193 15 organization representing school principals; the Director of
194194 16 Healthcare and Family Services or his or her designee, the
195195 17 State Superintendent of Education or his or her designee; and
196196 18 representatives of other appropriate State agencies and, at a
197197 19 minimum, must recommend the use of validated screening tools
198198 20 appropriate to the child's age or grade, and, with regard to
199199 21 the social and emotional screening, require recording only
200200 22 whether or not the screening was completed. The rules shall
201201 23 take into consideration the screening recommendations of the
202202 24 American Academy of Pediatrics and must be consistent with the
203203 25 State Board of Education's social and emotional learning
204204 26 standards. The Department of Public Health shall specify that
205205
206206
207207
208208
209209
210210 HB1792 - 5 - LRB104 04061 LNS 14085 b
211211
212212
213213 HB1792- 6 -LRB104 04061 LNS 14085 b HB1792 - 6 - LRB104 04061 LNS 14085 b
214214 HB1792 - 6 - LRB104 04061 LNS 14085 b
215215 1 a diabetes screening as defined by rule shall be included as a
216216 2 required part of each health examination. Diabetes testing is
217217 3 not required.
218218 4 Physicians licensed to practice medicine in all of its
219219 5 branches, licensed advanced practice registered nurses, or
220220 6 licensed physician assistants shall be responsible for the
221221 7 performance of the health examinations, other than dental
222222 8 examinations, eye examinations, and vision and hearing
223223 9 screening, and shall sign all report forms required by
224224 10 subsection (4) of this Section that pertain to those portions
225225 11 of the health examination for which the physician, advanced
226226 12 practice registered nurse, or physician assistant is
227227 13 responsible. If a registered nurse performs any part of a
228228 14 health examination, then a physician licensed to practice
229229 15 medicine in all of its branches must review and sign all
230230 16 required report forms. Licensed dentists shall perform all
231231 17 dental examinations and shall sign all report forms required
232232 18 by subsection (4) of this Section that pertain to the dental
233233 19 examinations. Physicians licensed to practice medicine in all
234234 20 its branches or licensed optometrists shall perform all eye
235235 21 examinations required by this Section and shall sign all
236236 22 report forms required by subsection (4) of this Section that
237237 23 pertain to the eye examination. For purposes of this Section,
238238 24 an eye examination shall at a minimum include history, visual
239239 25 acuity, subjective refraction to best visual acuity near and
240240 26 far, internal and external examination, and a glaucoma
241241
242242
243243
244244
245245
246246 HB1792 - 6 - LRB104 04061 LNS 14085 b
247247
248248
249249 HB1792- 7 -LRB104 04061 LNS 14085 b HB1792 - 7 - LRB104 04061 LNS 14085 b
250250 HB1792 - 7 - LRB104 04061 LNS 14085 b
251251 1 evaluation, as well as any other tests or observations that in
252252 2 the professional judgment of the doctor are necessary. Vision
253253 3 and hearing screening tests, which shall not be considered
254254 4 examinations as that term is used in this Section, shall be
255255 5 conducted in accordance with rules and regulations of the
256256 6 Department of Public Health, and by individuals whom the
257257 7 Department of Public Health has certified. In these rules and
258258 8 regulations, the Department of Public Health shall require
259259 9 that individuals conducting vision screening tests give a
260260 10 child's parent or guardian written notification, before the
261261 11 vision screening is conducted, that states, "Vision screening
262262 12 is not a substitute for a complete eye and vision evaluation by
263263 13 an eye doctor. Your child is not required to undergo this
264264 14 vision screening if an optometrist or ophthalmologist has
265265 15 completed and signed a report form indicating that an
266266 16 examination has been administered within the previous 12
267267 17 months.".
268268 18 (2.5) With respect to the developmental screening and the
269269 19 social and emotional screening portion of the health
270270 20 examination, each child may present proof of having been
271271 21 screened in accordance with this Section and the rules adopted
272272 22 under this Section before October 15th of the school year.
273273 23 With regard to the social and emotional screening only, the
274274 24 examining health care provider shall only record whether or
275275 25 not the screening was completed. If the child fails to present
276276 26 proof of the developmental screening or the social and
277277
278278
279279
280280
281281
282282 HB1792 - 7 - LRB104 04061 LNS 14085 b
283283
284284
285285 HB1792- 8 -LRB104 04061 LNS 14085 b HB1792 - 8 - LRB104 04061 LNS 14085 b
286286 HB1792 - 8 - LRB104 04061 LNS 14085 b
287287 1 emotional screening portions of the health examination by
288288 2 October 15th of the school year, qualified school support
289289 3 personnel may, with a parent's or guardian's consent, offer
290290 4 the developmental screening or the social and emotional
291291 5 screening to the child. Each public, private, and parochial
292292 6 school must give notice of the developmental screening and
293293 7 social and emotional screening requirements to the parents and
294294 8 guardians of students in compliance with the rules of the
295295 9 Department of Public Health. Nothing in this Section shall be
296296 10 construed to allow a school to exclude a child from attending
297297 11 because of a parent's or guardian's failure to obtain a
298298 12 developmental screening or a social and emotional screening
299299 13 for the child. Once a developmental screening or a social and
300300 14 emotional screening is completed and proof has been presented
301301 15 to the school, the school may, with a parent's or guardian's
302302 16 consent, make available appropriate school personnel to work
303303 17 with the parent or guardian, the child, and the provider who
304304 18 signed the screening form to obtain any appropriate
305305 19 evaluations and services as indicated on the form and in other
306306 20 information and documentation provided by the parents,
307307 21 guardians, or provider.
308308 22 (3) Every child shall, at or about the same time as he or
309309 23 she receives a health examination required by subsection (1)
310310 24 of this Section, present to the local school proof of having
311311 25 received such immunizations against preventable communicable
312312 26 diseases as the Department of Public Health shall require by
313313
314314
315315
316316
317317
318318 HB1792 - 8 - LRB104 04061 LNS 14085 b
319319
320320
321321 HB1792- 9 -LRB104 04061 LNS 14085 b HB1792 - 9 - LRB104 04061 LNS 14085 b
322322 HB1792 - 9 - LRB104 04061 LNS 14085 b
323323 1 rules and regulations promulgated pursuant to this Section and
324324 2 the Communicable Disease Prevention Act.
325325 3 (3.5) Notwithstanding any other law or rule to the
326326 4 contrary, no child may be required to submit proof of having
327327 5 received an immunization against COVID-19 upon enrolling in
328328 6 school nor may a child already enrolled in school be required
329329 7 to receive an immunization against COVID-19.
330330 8 (4) The individuals conducting the health examination,
331331 9 dental examination, or eye examination shall record the fact
332332 10 of having conducted the examination, and such additional
333333 11 information as required, including for a health examination
334334 12 data relating to asthma and obesity (including at a minimum,
335335 13 date of birth, gender, height, weight, blood pressure, and
336336 14 date of exam), on uniform forms which the Department of Public
337337 15 Health and the State Board of Education shall prescribe for
338338 16 statewide use. The examiner shall summarize on the report form
339339 17 any condition that he or she suspects indicates a need for
340340 18 special services, including for a health examination factors
341341 19 relating to asthma or obesity. The duty to summarize on the
342342 20 report form does not apply to social and emotional screenings.
343343 21 The confidentiality of the information and records relating to
344344 22 the developmental screening and the social and emotional
345345 23 screening shall be determined by the statutes, rules, and
346346 24 professional ethics governing the type of provider conducting
347347 25 the screening. The individuals confirming the administration
348348 26 of required immunizations shall record as indicated on the
349349
350350
351351
352352
353353
354354 HB1792 - 9 - LRB104 04061 LNS 14085 b
355355
356356
357357 HB1792- 10 -LRB104 04061 LNS 14085 b HB1792 - 10 - LRB104 04061 LNS 14085 b
358358 HB1792 - 10 - LRB104 04061 LNS 14085 b
359359 1 form that the immunizations were administered.
360360 2 (5) If a child does not submit proof of having had either
361361 3 the health examination or the immunization as required, then
362362 4 the child shall be examined or receive the immunization, as
363363 5 the case may be, and present proof by October 15 of the current
364364 6 school year, or by an earlier date of the current school year
365365 7 established by a school district. To establish a date before
366366 8 October 15 of the current school year for the health
367367 9 examination or immunization as required, a school district
368368 10 must give notice of the requirements of this Section 60 days
369369 11 prior to the earlier established date. If for medical reasons
370370 12 one or more of the required immunizations must be given after
371371 13 October 15 of the current school year, or after an earlier
372372 14 established date of the current school year, then the child
373373 15 shall present, by October 15, or by the earlier established
374374 16 date, a schedule for the administration of the immunizations
375375 17 and a statement of the medical reasons causing the delay, both
376376 18 the schedule and the statement being issued by the physician,
377377 19 advanced practice registered nurse, physician assistant,
378378 20 registered nurse, or local health department that will be
379379 21 responsible for administration of the remaining required
380380 22 immunizations. If a child does not comply by October 15, or by
381381 23 the earlier established date of the current school year, with
382382 24 the requirements of this subsection, then the local school
383383 25 authority shall exclude that child from school until such time
384384 26 as the child presents proof of having had the health
385385
386386
387387
388388
389389
390390 HB1792 - 10 - LRB104 04061 LNS 14085 b
391391
392392
393393 HB1792- 11 -LRB104 04061 LNS 14085 b HB1792 - 11 - LRB104 04061 LNS 14085 b
394394 HB1792 - 11 - LRB104 04061 LNS 14085 b
395395 1 examination as required and presents proof of having received
396396 2 those required immunizations which are medically possible to
397397 3 receive immediately. During a child's exclusion from school
398398 4 for noncompliance with this subsection, the child's parents or
399399 5 legal guardian shall be considered in violation of Section
400400 6 26-1 and subject to any penalty imposed by Section 26-10. This
401401 7 subsection (5) does not apply to dental examinations, eye
402402 8 examinations, and the developmental screening and the social
403403 9 and emotional screening portions of the health examination. If
404404 10 the student is an out-of-state transfer student and does not
405405 11 have the proof required under this subsection (5) before
406406 12 October 15 of the current year or whatever date is set by the
407407 13 school district, then he or she may only attend classes (i) if
408408 14 he or she has proof that an appointment for the required
409409 15 vaccinations has been scheduled with a party authorized to
410410 16 submit proof of the required vaccinations. If the proof of
411411 17 vaccination required under this subsection (5) is not
412412 18 submitted within 30 days after the student is permitted to
413413 19 attend classes, then the student is not to be permitted to
414414 20 attend classes until proof of the vaccinations has been
415415 21 properly submitted. No school district or employee of a school
416416 22 district shall be held liable for any injury or illness to
417417 23 another person that results from admitting an out-of-state
418418 24 transfer student to class that has an appointment scheduled
419419 25 pursuant to this subsection (5).
420420 26 (6) Every school shall report to the State Board of
421421
422422
423423
424424
425425
426426 HB1792 - 11 - LRB104 04061 LNS 14085 b
427427
428428
429429 HB1792- 12 -LRB104 04061 LNS 14085 b HB1792 - 12 - LRB104 04061 LNS 14085 b
430430 HB1792 - 12 - LRB104 04061 LNS 14085 b
431431 1 Education by November 15, in the manner which that agency
432432 2 shall require, the number of children who have received the
433433 3 necessary immunizations and the health examination (other than
434434 4 a dental examination or eye examination) as required,
435435 5 indicating, of those who have not received the immunizations
436436 6 and examination as required, the number of children who are
437437 7 exempt from health examination and immunization requirements
438438 8 on religious or medical grounds as provided in subsection (8).
439439 9 On or before December 1 of each year, every public school
440440 10 district and registered nonpublic school shall make publicly
441441 11 available the immunization data they are required to submit to
442442 12 the State Board of Education by November 15. The immunization
443443 13 data made publicly available must be identical to the data the
444444 14 school district or school has reported to the State Board of
445445 15 Education.
446446 16 Every school shall report to the State Board of Education
447447 17 by June 30, in the manner that the State Board requires, the
448448 18 number of children who have received the required dental
449449 19 examination, indicating, of those who have not received the
450450 20 required dental examination, the number of children who are
451451 21 exempt from the dental examination on religious grounds as
452452 22 provided in subsection (8) of this Section and the number of
453453 23 children who have received a waiver under subsection (1.5) of
454454 24 this Section.
455455 25 Every school shall report to the State Board of Education
456456 26 by June 30, in the manner that the State Board requires, the
457457
458458
459459
460460
461461
462462 HB1792 - 12 - LRB104 04061 LNS 14085 b
463463
464464
465465 HB1792- 13 -LRB104 04061 LNS 14085 b HB1792 - 13 - LRB104 04061 LNS 14085 b
466466 HB1792 - 13 - LRB104 04061 LNS 14085 b
467467 1 number of children who have received the required eye
468468 2 examination, indicating, of those who have not received the
469469 3 required eye examination, the number of children who are
470470 4 exempt from the eye examination as provided in subsection (8)
471471 5 of this Section, the number of children who have received a
472472 6 waiver under subsection (1.10) of this Section, and the total
473473 7 number of children in noncompliance with the eye examination
474474 8 requirement.
475475 9 The reported information under this subsection (6) shall
476476 10 be provided to the Department of Public Health by the State
477477 11 Board of Education.
478478 12 (7) Upon determining that the number of pupils who are
479479 13 required to be in compliance with subsection (5) of this
480480 14 Section is below 90% of the number of pupils enrolled in the
481481 15 school district, 10% of each State aid payment made pursuant
482482 16 to Section 18-8.05 or 18-8.15 to the school district for such
483483 17 year may be withheld by the State Board of Education until the
484484 18 number of students in compliance with subsection (5) is the
485485 19 applicable specified percentage or higher.
486486 20 (8) Children of parents or legal guardians who object to
487487 21 health, dental, or eye examinations or any part thereof, to
488488 22 immunizations, or to vision and hearing screening tests on
489489 23 religious grounds shall not be required to undergo the
490490 24 examinations, tests, or immunizations to which they so object
491491 25 if such parents or legal guardians present to the appropriate
492492 26 local school authority a signed Certificate of Religious
493493
494494
495495
496496
497497
498498 HB1792 - 13 - LRB104 04061 LNS 14085 b
499499
500500
501501 HB1792- 14 -LRB104 04061 LNS 14085 b HB1792 - 14 - LRB104 04061 LNS 14085 b
502502 HB1792 - 14 - LRB104 04061 LNS 14085 b
503503 1 Exemption detailing the grounds for objection and the specific
504504 2 immunizations, tests, or examinations to which they object.
505505 3 The grounds for objection must set forth the specific
506506 4 religious belief that conflicts with the examination, test,
507507 5 immunization, or other medical intervention. The signed
508508 6 certificate shall also reflect the parent's or legal
509509 7 guardian's understanding of the school's exclusion policies in
510510 8 the case of a vaccine-preventable disease outbreak or
511511 9 exposure. The certificate must also be signed by the
512512 10 authorized examining health care provider responsible for the
513513 11 performance of the child's health examination confirming that
514514 12 the provider provided education to the parent or legal
515515 13 guardian on the benefits of immunization and the health risks
516516 14 to the student and to the community of the communicable
517517 15 diseases for which immunization is required in this State.
518518 16 However, the health care provider's signature on the
519519 17 certificate reflects only that education was provided and does
520520 18 not allow a health care provider grounds to determine a
521521 19 religious exemption. Those receiving immunizations required
522522 20 under this Code shall be provided with the relevant vaccine
523523 21 information statements that are required to be disseminated by
524524 22 the federal National Childhood Vaccine Injury Act of 1986,
525525 23 which may contain information on circumstances when a vaccine
526526 24 should not be administered, prior to administering a vaccine.
527527 25 A healthcare provider may consider including without
528528 26 limitation the nationally accepted recommendations from
529529
530530
531531
532532
533533
534534 HB1792 - 14 - LRB104 04061 LNS 14085 b
535535
536536
537537 HB1792- 15 -LRB104 04061 LNS 14085 b HB1792 - 15 - LRB104 04061 LNS 14085 b
538538 HB1792 - 15 - LRB104 04061 LNS 14085 b
539539 1 federal agencies such as the Advisory Committee on
540540 2 Immunization Practices, the information outlined in the
541541 3 relevant vaccine information statement, and vaccine package
542542 4 inserts, along with the healthcare provider's clinical
543543 5 judgment, to determine whether any child may be more
544544 6 susceptible to experiencing an adverse vaccine reaction than
545545 7 the general population, and, if so, the healthcare provider
546546 8 may exempt the child from an immunization or adopt an
547547 9 individualized immunization schedule. The Certificate of
548548 10 Religious Exemption shall be created by the Department of
549549 11 Public Health and shall be made available and used by parents
550550 12 and legal guardians by the beginning of the 2015-2016 school
551551 13 year. Parents or legal guardians must submit the Certificate
552552 14 of Religious Exemption to their local school authority prior
553553 15 to entering kindergarten, sixth grade, and ninth grade for
554554 16 each child for which they are requesting an exemption. The
555555 17 religious objection stated need not be directed by the tenets
556556 18 of an established religious organization. However, general
557557 19 philosophical or moral reluctance to allow physical
558558 20 examinations, eye examinations, immunizations, vision and
559559 21 hearing screenings, or dental examinations does not provide a
560560 22 sufficient basis for an exception to statutory requirements.
561561 23 The local school authority is responsible for determining if
562562 24 the content of the Certificate of Religious Exemption
563563 25 constitutes a valid religious objection. The local school
564564 26 authority shall inform the parent or legal guardian of
565565
566566
567567
568568
569569
570570 HB1792 - 15 - LRB104 04061 LNS 14085 b
571571
572572
573573 HB1792- 16 -LRB104 04061 LNS 14085 b HB1792 - 16 - LRB104 04061 LNS 14085 b
574574 HB1792 - 16 - LRB104 04061 LNS 14085 b
575575 1 exclusion procedures, in accordance with the Department's
576576 2 rules under Part 690 of Title 77 of the Illinois
577577 3 Administrative Code, at the time the objection is presented.
578578 4 If the physical condition of the child is such that any one
579579 5 or more of the immunizing agents should not be administered,
580580 6 the examining physician, advanced practice registered nurse,
581581 7 or physician assistant responsible for the performance of the
582582 8 health examination shall endorse that fact upon the health
583583 9 examination form.
584584 10 Exempting a child from the health, dental, or eye
585585 11 examination does not exempt the child from participation in
586586 12 the program of physical education training provided in
587587 13 Sections 27-5 through 27-7 of this Code.
588588 14 (8.5) The school board of a school district shall include
589589 15 informational materials regarding influenza and influenza
590590 16 vaccinations developed, provided, or approved by the
591591 17 Department of Public Health under Section 2310-700 of the
592592 18 Department of Public Health Powers and Duties Law of the Civil
593593 19 Administrative Code of Illinois when the board provides
594594 20 information on immunizations, infectious diseases,
595595 21 medications, or other school health issues to the parents or
596596 22 guardians of students.
597597 23 (9) For the purposes of this Section, "nursery schools"
598598 24 means those nursery schools operated by elementary school
599599 25 systems or secondary level school units or institutions of
600600 26 higher learning.
601601
602602
603603
604604
605605
606606 HB1792 - 16 - LRB104 04061 LNS 14085 b
607607
608608
609609 HB1792- 17 -LRB104 04061 LNS 14085 b HB1792 - 17 - LRB104 04061 LNS 14085 b
610610 HB1792 - 17 - LRB104 04061 LNS 14085 b
611611 1 (Source: P.A. 103-985, eff. 1-1-25.)
612612 2 Section 10. The Communicable Disease Prevention Act is
613613 3 amended by adding Section 2f as follows:
614614 4 (410 ILCS 315/2f new)
615615 5 Sec. 2f. COVID-19 vaccine. Pursuant to Section 27-8.1 of
616616 6 the School Code and notwithstanding Section 2 of this Act, the
617617 7 Department of Public Health may not adopt any rules requiring
618618 8 children to receive an immunization against COVID-19.
619619
620620
621621
622622
623623
624624 HB1792 - 17 - LRB104 04061 LNS 14085 b