Illinois compiled statutes
Information maintained by the Legislative Reference Bureau
Updating the Illinois Compiled Statutes (ILCS) database is an ongoing process. Current laws may not yet be in the ILCS database but will be found on this website asPublicActssoon after they become law. For information on the relationship between statutes and public statutes, see theguide.
Because the Legislative Database is maintained primarily for the purpose of drafting legislation, amendments to legislation are sometimes entered into the Legislative Database before they become effective. If the source at the end of a section of the Articles of Incorporation contains a public statute that is not yet enacted, the current version of the statute may have already been removed from the database and you should refer to that public statute for the changes made to the current statute see changes.
105 ILCS 5/27-8.1
(105 ILCS 5/27-8.1)
(from chap. 122, para. 27-8.1)
health checks and vaccinations.
(1) In accordance with the rules and regulations promulgated by the Department of Public Health, and except as provided below, all children in Illinois must have a health screening: within one year prior to entering kindergarten or first grade class at a public, private, or church elementary school; when entering the sixth and ninth grades of a public, private or church school; before entering a public, private or church kindergarten; and immediately before or upon entry into a public, private or church school or nursery, every child, regardless of grade level, shall produce evidence of having been screened in accordance with this section and the rules and regulations made herein. Any child who has received a health screening within one year prior to entering fifth grade for the 2007–2008 school year is not required to undergo an additional health screening to comply with the provisions of Public Act 95-422 if it is the school attends school for the 2008-2009 school year, unless the child is attending school for the first time as provided for in this paragraph.
A tuberculosis skin test must be included as a mandatory part of any health screening listed in this section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. Additional student health screenings, including eye exams, may be required if school authorities deem it necessary. Parents are encouraged to schedule their children's eye exams at the same times as their health exams.
(1.5) In accordance with the rules issued by the Department of Public Health and except as provided in this section, all children in kindergarten and in the second, sixth and ninth grades of a public, private or church school must undergo a dental examination . Each such child shall, before May 15 of the school year, provide evidence of having been examined by a dentist in accordance with this section and the rules adopted in this section. If a child in second, sixth, or ninth grade fails to provide proof by May 15, the school may withhold the child's transcript until one of the following occurs: (i) the child provides proof of a completed dental exam or (ii) the child provides evidence that a dental examination will take place within 60 days of May 15th. A school may not withhold a child's report card during a school year when the governor has declared a public health emergency disaster under Section 7 of the Illinois Emergency Management Agency Act. By rule, the Department of Public Health establishes an exemption for children who are overburdened or who do not have access to a dentist. Every public, private, and church school must notify students' parents and guardians of this dental exam requirement at least 60 days before May 15 of each school year.
(1.10) Except as otherwise provided in this section, all children enrolling in nursery school in a public, private or church school on or after January 1, 2008 (the effective date of Public Act 95-671) and all students Who enrolls in their first daycare Anyone who attends a public, private, or church school on or after January 1, 2008 (the effective date of Public Act 95-671) is required to undergo an eye exam. Each such child must provide the school, before October 15, with evidence of having been examined by a physician licensed to practice medicine in all branches or by a licensed optometrist in accordance with this section and the rules adopted in this year in the previous year. If the child does not provide evidence by October 15, the school may withhold the child's transcript until one of the following occurs: (i) the child provides evidence of a completed eye exam, or (ii) the child provides evidence of a completed eye exam takes place within 60 days of October 15th. A school may not withhold a child's report card during a school year when the governor has declared a public health emergency disaster under Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health issues a rule providing an exemption for children who are unduly burdened or who do not have access to a doctor licensed to practice medicine and perform eye examinations in all of its branches, or a licensed optometrist. Every public, private, and church school must notify students' parents and guardians of this requirement for eye exams, in accordance with Department of Health regulations. Nothing in this section shall be construed to permit a school to bar a child from attending because a parent or legal guardian has failed to perform an eye exam for the child.
(2) The Ministry of Public Health shall issue rules and regulations specifying the examinations and procedures that constitute a health examination, including age-appropriate developmental screening, age-appropriate social and emotional screening, and the collection of data related to asthma and obesity (minimum date of birth, gender, height, weight, blood pressure and date of examination) and a dental examination and may recommend certain additional examinations by rule. The rules and regulations of the Department of Public Health state that a tuberculosis skin test screening must be included as a mandatory part of any health screening listed in this section if the child resides in an area designated as an area by the Department of Public Health with a high incidence of tuberculosis. With regard to developmental screening and social and emotional screening, the Ministry of Health, in cooperation with a nationwide organization representing school authorities, must develop rules and appropriate revisions to the child health screening form no later than January 1, 2019; a national organization representing pediatricians; statewide organizations representing individuals who hold an Illinois teaching license and are supported by school support staff, including school social workers, school psychologists, and school nurses; a national organization representing child mental health professionals; a national organization representing school leaders; the Director of Health and Family Services or his designee, the State Secretary of Education or his designee; and representatives of other relevant government agencies and shall, as a minimum, recommend the use of validated screening tools appropriate to the child's age or grade level and, for social and emotional screening, require only a record of whether or not screening has been completed. The rules must reflect the screening recommendations of the American Academy of Pediatrics and be consistent with the State Board of Education's social and emotional learning standards. The Department of Public Health states that the regulation requires diabetes screening to be included as a required part of any health assessment. A diabetes test is not required.
For the performance of the health examinations, with the exception of dental examinations, eye examinations and vision and hearing examinations, the responsible physicians, licensed nurses with further practice or licensed medical assistants are responsible for carrying out the health examinations, with the exception of dental examinations, eye examinations and vision and hearing examinations , and they must sign any required report forms Subsection (4) of this section, which relates to those parts of the health assessment for which the physician, registered nurse, or physician assistant is responsible. When a registered nurse conducts any part of a health assessment, a physician licensed to practice medicine in all branches must review and sign all required report forms. Licensed dentists will perform all dental examinations and sign all dental examination-related report forms required by subsection (4) of this Section. Physicians licensed to practice medicine in all branches or licensed optometrists shall perform all eye examinations required by this section and sign all eye examination-related report forms required by subsection (4) of this section. For purposes of this section, an eye examination includes at a minimum history, visual acuity, subjective refraction through to best near and far visual acuity, internal and external examination, and glaucoma assessment, and any other tests or observations performed under this section Professional assessment of the doctor will be required. Vision and hearing tests, which are not considered examinations for the purpose of this section, must be performed in accordance with the rules and regulations of the Department of Public Health and by persons certified by the Department of Public Health. In these Rules and Regulations, the Department of Public Health requires that people performing eye testing provide a child's parent or guardian with a written notice prior to having the eye test performed, stating, "The eye test is not a substitute for a full eye." - and vision assessment by an ophthalmologist.” Your child does not need to undergo this vision test if an optometrist or ophthalmologist has completed and signed a report form stating that an examination has been performed within the last 12 months.
(2.5) With respect to the developmental screening and the social and emotional screening portion of the health screening, before October 15th of the school year, each child may provide evidence that they have been screened in accordance with this section and the rules adopted in this section. With regard to social and emotional screening only, the examining healthcare provider only needs to record whether the screening has been completed or not. If the child fails to provide evidence of the developmental screening or the social and emotional screening portions of the health assessment by October 15 of the school year, qualified school caregivers may, with the consent of a parent or guardian, provide the developmental screening or the social and emotional screening of the child . Every public, private, and church school must inform students' parents and guardians of the requirements for developmental, social, and emotional assessments, in accordance with Department of Public Health regulations. Nothing in this section shall be construed to permit a school to bar a child from attending because a parent or guardian has failed to conduct a developmental assessment or social and emotional assessment of the child. Once a developmental screening or social and emotional screening has been completed and evidence has been provided to the school, the school, with the consent of a parent or legal guardian, may provide appropriate school staff to work with the parent or legal guardian, the child and the provider providing the signed the screening form to receive all appropriate evaluations and services as indicated on the form and other information and documentation provided by the parent, guardian, or provider.
(3) Each child shall, at or about the same time as the local school health examination prescribed in subsection (1) of this section, provide evidence of having received vaccinations against preventable communicable diseases required by the Department of Public Health through rules and regulations, enacted pursuant to this Section and the Communicable Disease Prevention Act.
(4) The persons who carry out the health examination, dental examination or eye examination must confirm the fact that they carried out the examination and any additional information required, including asthma and obesity data required for a health examination (at least including the Record date of birth, gender, height, weight, blood pressure, and date of exam) on uniform forms mandated by the Department of Health and State Board of Education for use statewide. The investigator must summarize on the report form any condition that he or she suspects may indicate a need for special services, including factors of a health assessment related to asthma or obesity. The obligation to summarize on the report form does not apply to social and emotional screenings. The confidentiality of information and records related to developmental screening and social and emotional screening is governed by the laws, rules, and professional ethics applicable to the type of provider performing the screening. Those certifying the administration of the required vaccinations must record that the vaccinations have been administered as indicated on the form.
(5) If a child fails to provide evidence of having received the required health screening or vaccination, the child must be screened or vaccinated by October 15th of the current school year and provide evidence by an earlier date of the current school year, the determined by a school district. To set a date for the required health screening or immunization prior to October 15 of the current school year, a school district must notify the requirements of this section 60 days prior to the earlier set date. If, for medical reasons, one or more of the required vaccinations must be administered after October 15th of the current school year or after an earlier specified date of the current school year, the child must present an appointment by October 15th or the earlier specified date for the administration of the vaccinations and an explanation of the medical reasons that led to the delay, with both the schedule and explanation issued by the physician, registered nurse, physician's assistant, registered nurse or local health department responsible for administering the Remaining vaccinations are responsible for required vaccinations. If a child does not meet the requirements of this subsection by October 15, or the earlier specified date of the current school year, the local school board will exclude the child from school until the child submits proof of passing a health screening as required and submits the Proof that you have received the required vaccinations which it is medically possible to obtain immediately. If a child is expelled from school for failure to comply with this subsection, the child's parent or legal guardian will be deemed to have violated section 26-1 and face any penalty imposed under section 26-10. This subsection (5) does not apply to dental exams, eye exams, and the developmental, social, and emotional screening portions of the health exam. If the student is an out-of-state transfer student and does not have the documentation required under this subsection (5) before October 15 of the current year or such date determined by the school district, he or she may only attend class participate (i) if he or she has evidence that an appointment for the required vaccinations has been made with a party authorized to provide evidence of the required vaccinations. If the proof of vaccination required under this paragraph (5) is not presented within 30 days of admission to the course, the student is not permitted to attend the course until the proof of vaccination has been properly presented. No school district or district employee shall be liable for any injury or illness of any other person resulting from the admission of an out-of-state transfer student to a class scheduled to attend under this subsection (5).
(6) Each school must report to the State Board of Education by November 15, in the manner prescribed by that board, the number of children who have received required immunizations and required health screenings (other than a dental exam or an eye exam). stating the number of children who have not received the required vaccinations and screenings, are exempt from health screening and vaccination requirements for religious or medical reasons in accordance with subsection (8). On or before December 1 of each year, all public school districts and registered non-public schools are required to make publicly available immunization records, which they must submit to the State Board of Education by November 15. Vaccination dates made public must be identical to dates reported by the school district or school to the State Board of Education.
Each school must report to the State Board of Education by June 30, in the manner prescribed by the State Board, the number of children who have received the required dental exam and the number of those who have not received the required dental exam Children exempt from dental examination for religious reasons under subsection (8) of this section and the number of children exempt from dental examination under subsection (1.5) of this section.
Each school must report to the State Board of Education by June 30, in the manner prescribed by the State Board, the number of children who have received the required eye exam and the number of those who have not received the required eye exam of the children who are exempt from eye examination under subsection (8) of this section, the number of children exempt from eye examination under subsection (1.10) of this section, and the total number of children who do not comply with the eye examination requirement.
Information reported under this subsection (6) is provided to the Department of Public Health by the State Board of Education.
(7) If it is determined that the number of students not required to comply with subsection (5) of this section is less than 90% of the number of students enrolled in the school district, 10% of any State Aid payment made under Section 18 8.05 or 18- 8.15 to the school district for that year may be withheld by the State Board of Education until the number of students under subsection (5) meets or exceeds the applicable established percentage.
(8) Children of parents or legal guardians who object to health, dental or eye examinations or parts thereof, vaccinations or vision and hearing tests on religious grounds do not have to undergo the examinations, tests or vaccinations to which they object, if such parent or guardian provides the appropriate local school board with a signed Certificate of Religious Exemption detailing the grounds for objection and the specific vaccinations, tests or exams they are objecting to. The grounds for objection must state the specific religious belief that contradicts the examination, test, vaccination or other medical intervention. The signed certification must also reflect the parent's or guardian's understanding of the school's exclusion policy in the event of an outbreak or exposure to a vaccine-preventable disease. The certificate must also be signed by the authorized examining healthcare provider responsible for conducting the child's health screening, certifying that the provider has educated the parent or guardian of the benefits of vaccination and the health risks to the student and the community of the communicable Diseases against which vaccination is required in this state. However, the healthcare provider's signature on the attestation only reflects that education was provided and gives no reason for a healthcare provider to establish a religion exception. Individuals receiving immunizations required under this Code must receive, prior to administration, the appropriate vaccine information statements required to be distributed under the Federal Childhood Vaccine Injury Act of 1986, which may contain information about circumstances in which a vaccine should not be administered a vaccine. A healthcare provider may consider incorporating, without limitation, nationally recognized recommendations from federal agencies such as the Advisory Committee on Immunization Practices, the information set forth in the appropriate vaccine information statement and vaccine package inserts, and the healthcare provider's clinical judgment to determine whether each child may be more susceptible to a adverse vaccination reaction than the general population. In this case, the healthcare provider may choose to exempt the child from vaccination or set an individual vaccination schedule. The Religious Exemption Certificate will be issued by the Department of Public Health and will be made available and used by parents and guardians by the start of the 2015-2016 school year. Parents or legal guardians must submit the religious exemption certificate to the local school board prior to entry into kindergarten, sixth and ninth grade for each child for whom they are requesting an exemption. The religious objection raised need not necessarily follow the principles of an established religious organization. However, a general philosophical or moral dislike for allowing physical exams, eye exams, vaccinations, vision and hearing tests, or dental exams does not constitute sufficient basis for an exemption from legal requirements. The local school board is responsible for determining whether the content of the Certificate of Religious Exemption constitutes a valid religious objection. The local school board will notify the parent or guardian of expulsion procedures under the Department's requirements under Part 690 of Title 77 of the Illinois Administrative Code at the time the appeal is filed.
If the child's physical condition is such that one or more of the immunization agents should not be administered, the examining physician, registered nurse, or physician assistant responsible for conducting the health assessment must record that fact on the health assessment form.
Exempting a child from medical, dental or eye exams does not exempt the child from participating in the athletic program as described in Sections 27-5 through 27-7 of this Code.
(8.5) A school district school board shall provide influenza and influenza vaccination and meningococcal disease and meningococcal vaccination materials that are developed, provided or approved by the Department of Public Health pursuant to Section 2310-700 of the Department of Public Health's Powers and Authorities became a statutory duty of the Illinois Civil Administration Act when the board of directors provides information to a student's parent or legal guardian regarding immunizations, infectious diseases, medications, or other school health issues.
(9) For the purposes of this section, “nursery schools” are those nursery schools operated by primary school systems or secondary school units or colleges.
(Source: P.A. 100-238, Effect 1-1-18; 100-465, Effect 8-31-17; 100-513, Effect 1-1-18; 100-829, Effect 1-1-19; 100- 863, valid 8-14-18; 100-977, valid 1-1-19; 100-1011, valid 8-21-18; 101-81, valid 7-12-19; 101-643, valid 6-18 -20.)