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Statute text
Sec. 27-8.1. Health examinations and immunizations. (1) In
compliance with rules and regulations which the Department
of Public Health shall promulgate, and except as hereinafter
provided, all children in Illinois shall have a health examination
as follows: within one year prior to entering kindergarten
or the first grade of any public, private, or parochial elementary
school; upon entering the fifth and ninth grades of any public,
private, or parochial school; prior to entrance into any public,
private, or parochial nursery school; and, irrespective of
grade, immediately prior to or upon entrance into any public,
private, or parochial school or nursery school, each child
shall present proof of having been examined in accordance
with this Section and the rules and regulations promulgated
hereunder. A tuberculosis skin test screening shall be included
as a required part of each health examination included under
this Section if the child resides in an area designated by
the Department of Public Health as having a high incidence
of tuberculosis. Additional health examinations of pupils,
including dental and vision examinations, may be required
when deemed necessary by school authorities. Parents are encouraged
to have their children undergo dental examinations at the
same points in time required for health examinations.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination and may recommend by
rule that certain additional examinations be performed. The
rules and regulations of the Department of Public Health shall
specify that a tuberculosis skin test screening shall be included
as a required part of each health examination included under
this Section if the child resides in an area designated by
the Department of Public Health as having a high incidence
of tuberculosis.
Physicians licensed to practice medicine in all of its branches
shall be responsible for the performance of the health examinations,
other than dental examinations and vision and hearing screening,
and shall sign all report forms required by subsection (4)
of this Section that pertain to those portions of the health
examination for which the physician is responsible. If a registered
nurse performs any part of a health examination, then a physician
licensed to practice medicine in all of its branches must
review and sign all required report forms. Licensed dentists
shall perform all dental examinations and shall sign all report
forms required by subsection (4) of this Section that pertain
to the dental examinations. Physicians licensed to practice
medicine in all its branches, or licensed optometrists, shall
perform all vision exams required by school authorities and
shall sign all report forms required by subsection (4) of
this Section that pertain to the vision exam. Vision and hearing
screening tests, which shall not be considered examinations
as that term is used in this Section, shall be conducted in
accordance with rules and regulations of the Department of
Public Health, and by individuals whom the Department of Public
Health has certified.
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1)
of this Section, present to the local school, proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require
by rules and regulations promulgated pursuant to this Section
and the Communicable Disease Prevention Act [410 ILCS 315/0.01
et seq.].
(4) The individuals conducting the health examination shall
record the fact of having conducted the examination, and such
additional information as required, on uniform forms which
the Department of Public Health and the State Board of Education
shall prescribe for statewide use. The examiner shall summarize
on the report form any condition that he or she suspects indicates
a need for special services. The individuals confirming the
administration of required immunizations shall record as indicated
on the form that the immunizations were administered.
(5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as
the case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health examination
or immunization as required, a school district must give notice
of the requirements of this Section 60 days prior to the earlier
established date. If for medical reasons one or more of the
required immunizations must be given after October 15 of the
current school year, or after an earlier established date
of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement
of the medical reasons causing the delay, both the schedule
and the statement being issued by the physician, registered
nurse, or local health department that will be responsible
for administration of the remaining required immunizations.
If a child does not comply by October 15, or by the earlier
established date of the current school year, with the requirements
of this subsection, then the local school authority shall
exclude that child from school until such time as the child
presents proof of having had the health examination as required
and presents proof of having received those required immunizations
which are medically possible to receive immediately. During
a child's exclusion from school for noncompliance with this
subsection, the child's parents or legal guardian shall be
considered in violation of Section 26-1 [105 ILCS 5/26-1]
and subject to any penalty imposed by Section 26-10 [105 ILCS
5/26-10].
(6) Every school shall report to the State Board of Education
by November 15, in the manner which that agency shall require,
the number of children who have received the necessary immunizations
and the health examination as required, indicating, of those
who have not received the immunizations and examination as
required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). This reported
information shall be provided to the Department of Public
Health by the State Board of Education.
(7) Upon determining that the number of pupils who are required
to be in compliance with subsection (5) of this Section is
below 90% of the number of pupils enrolled in the school district,
10% of each State aid payment made pursuant to Section 18-8
[105 ILCS 5/18-8] to the school district for such year shall
be withheld by the regional superintendent until the number
of students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Parents or legal guardians who object to health examinations
or any part thereof, or to immunizations, on religious grounds
shall not be required to submit their children or wards to
the examinations or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed statement of objection, detailing
the grounds for the objection. If the physical condition of
the child is such that any one or more of the immunizing agents
should not be administered, the examining physician responsible
for the performance of the health examination shall endorse
that fact upon the health examination form. Exempting a child
from the health examination does not exempt the child from
participation in the program of physical education training
provided in Sections 27-5 through 27-7 of this Code [105 ILCS
5/27-5 through 105 ILCS 5/27-7].
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
History
(Source: P.A. 85-351; 88-149, § 1; 89-618, § 20;
89-626, § 3-17; 91-357, § 101.)
Annotations
Note.
This section was Ill.Rev.Stat., Ch. 122, Para. 27-8.1.
P.A. 91-357, § 996, contains a "no acceleration
or delay" provision, and P.A. 91-357, § 997, contains
a "no revival or extension" provision.
Illinois Administrative Code.
See 77 Illinois Administrative Code, § 615.300, 89 Illinois
Administrative Code, §§ 406.14, 408.70, 23 Illinois
Administrative Code, §§ 625.10, 407.310, 665.100,
452.10, 830.50.
Effect of Amendments. The 1993 amendment by P.A. 88-149, effective
January 1, 1994, in subsection (1) added the second and fourth
sentences; in subsection (2) added the proviso at the end
of the first sentence, in the second sentence substituted
"the physician" for "he", in the third
sentence substituted "a health examination" for
"an examination", in the fourth sentence substituted
the first instance of "examinations" for "exams"
and the second instance of "examinations" for "exam",
and in the fifth sentence substituted "pertain"
for "pertains"; in subsection (3) substituted "the
Communicable Disease Prevention Act" for "'An Act
in relation to the prevention of certain communicable diseases
approved July 5, 1967, as amended"; and in subsection
(8), in the first sentence substituted "the examinations"
for "health examinations", inserted "to which
they so object" and substituted "the objection"
for "such objection" and in the second sentence
substituted "that fact" for "such fact".
The 1996 amendment by P.A. 89-618, effective August 9, 1996,
in subsection (2), in the first paragraph, in the first sentence,
substituted "that constitute" for "which shall
constitute" and substituted a period for "provided
that" and in the second paragraph, in the first sentence
substituted "that pertain" for "which pertain",
in the third sentence substituted "(4)" for "4"
and substituted "that pertain" for "which pertains",
in the fourth sentence deleted "which may be" preceding
"required by", substituted "(4)" for "4"
and substituted "that pertain" for "which pertain"
and in the fifth sentence substituted "whom the"
for "which the"; in subsection (3), inserted "or
she"; in subsection (4), in the second sentence, substituted
"that he or she" for "which he"; in subsection
(5), in the first sentence, substituted "or by an earlier
date of the current school year established by a school district"
for "provided", added the second sentence, in the
third sentence inserted "or after an earlier established
date of the current school year", inserted "or by
the earlier established date" and inserted a comma after
"nurse" and in the fourth sentence inserted "or
by the earlier established date" inserted a comma after
"school year" and deleted a comma after "as
required"; in subsection (6), in the first sentence,
substituted "November" for "October";
in subsection (7) deleted "is below 80% of the number
of pupils enrolled in the school district see October 15,
1980, or" preceding "is below 90%" and deleted
"on October 15, 1981 or any subsequent year" preceding
"10%"; and in subsection (8), in the third sentence,
substituted "the child" for "him".
The 1996 amendment by P.A. 89-626, effective August 9, 1996,
added a comma following "private" preceding "or
parochial" twice and deleted a comma after "parochial
school" in subsection (1); in subsection (2) in the first
sentence substituted "that" for "which shall"
preceding "constitute a health" and substituted
a period for "provided, that"; made a minor punctuation
change and in the second paragraph, in the first sentence
substituted "that" for "which" preceding
"pertain to those", in the third sentence substituted
"subsection (4) of this Section that pertain" for
"subsection 4 of this Section, which pertains",
in the fourth sentence deleted "which may be" preceding
"required by school" and in the fifth sentence substituted
"subsection (4) of this Section that" for "subsection
4 of this Section which" and substituted "whom"
for "which" preceding "the Department of Public";
inserted "or she" in subsection (3); substituted
"that he or she" for "which he" in the
second sentence of subsection (4); added a comma following
"nurse" in the first sentence of subsection (5);
and substituted "the child" for "him"
in the third sentence of subsection (8).
The 1999 amendment by P.A. 91-357, effective July 29, 1999,
substituted "Parents or legal guardians who object"
for "Children whose parents or legal guardians object"
at the beginning of subsection (8) and made stylistic changes.
CASE NOTES
Vaccination Requirement
Resolution of Board of Health forbidding admission of unvaccinated
children to school for two weeks during smallpox epidemic
was authorized by a similar prior provision, and, further,
was not violative of Ill. Const. (1870), Art. VIII, §
1, which provided for system of free schools. Hagler v. Larner,
284 Ill. 547, 120 N.E. 575 (1918).
OPINIONS OF ATTORNEY GENERAL
Department Authority
- Religious Objections
The Department of Public Health had authority to promulgate
a rule which required non-immunized school children whose
parents or legal guardians object to measles immunization
on religious grounds to be excluded from school attendance
for a twenty-one day period following an outbreak of measles
in the school and is not an unconstitutional restriction on
the free exercise of religion protected by U.S. Const., Amend.
I. 1983 Op. Atty. Gen. 67.
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