Bill Text: IL SB0565 | 2015-2016 | 99th General Assembly | Enrolled
Bill Title: Amends the General Assembly Organization Act. Makes a technical change in a Section concerning the deposit of books, bills, documents, and papers with the Secretary of State.
Spectrum: Partisan Bill (Democrat 28-1)
Status: (Enrolled - Dead) 2016-12-29 - Sent to the Governor [SB0565 Detail]
Download: Illinois-2015-SB0565-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 27-8.1 and 27A-5 as follows:
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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
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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
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16 | parochial nursery school; and, irrespective of grade, | ||||||
17 | immediately prior to or
upon entrance into any public, private, | ||||||
18 | or parochial school or nursery school,
each child shall present | ||||||
19 | proof of having been examined in accordance with this
Section | ||||||
20 | and the rules and regulations promulgated hereunder. Any child | ||||||
21 | who received a health examination within one year prior to | ||||||
22 | entering the fifth grade for the 2007-2008 school year is not | ||||||
23 | required to receive an additional health examination in order |
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1 | to comply with the provisions of Public Act 95-422 when he or | ||||||
2 | she attends school for the 2008-2009 school year, unless the | ||||||
3 | child is attending school for the first time as provided in | ||||||
4 | 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 have | ||||||
12 | their children undergo eye examinations at the same points in | ||||||
13 | time required for health
examinations. | ||||||
14 | (1.5) In compliance with rules adopted by the Department of | ||||||
15 | Public Health and except as otherwise provided in this Section, | ||||||
16 | all children in kindergarten and the second and sixth grades of | ||||||
17 | any public, private, or parochial school shall have a dental | ||||||
18 | examination. Each of these children shall present proof of | ||||||
19 | having been examined by a dentist in accordance with this | ||||||
20 | Section and rules adopted under this Section before May 15th of | ||||||
21 | the school year. If a child in the second or sixth grade fails | ||||||
22 | to present proof by May 15th, the school may hold the child's | ||||||
23 | report card until one of the following occurs: (i) the child | ||||||
24 | presents proof of a completed dental examination or (ii) the | ||||||
25 | child presents proof that a dental examination will take place | ||||||
26 | within 60 days after May 15th. The Department of Public Health |
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1 | shall establish, by rule, a waiver for children who show an | ||||||
2 | undue burden or a lack of access to a dentist. Each public, | ||||||
3 | private, and parochial school must give notice of this dental | ||||||
4 | examination requirement to the parents and guardians of | ||||||
5 | students at least 60 days before May 15th of each school year.
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6 | (1.10) Except as otherwise provided in this Section, all | ||||||
7 | children enrolling in kindergarten in a public, private, or | ||||||
8 | parochial school on or after the effective date of this | ||||||
9 | amendatory Act of the 95th General Assembly and any student | ||||||
10 | enrolling for the first time in a public, private, or parochial | ||||||
11 | school on or after the effective date of this amendatory Act of | ||||||
12 | the 95th General Assembly shall have an eye examination. Each | ||||||
13 | of these children shall present proof of having been examined | ||||||
14 | by a physician licensed to practice medicine in all of its | ||||||
15 | branches or a licensed optometrist within the previous year, in | ||||||
16 | accordance with this Section and rules adopted under this | ||||||
17 | Section, before October 15th of the school year. If the child | ||||||
18 | fails to present proof by October 15th, the school may hold the | ||||||
19 | child's report card until one of the following occurs: (i) the | ||||||
20 | child presents proof of a completed eye examination or (ii) the | ||||||
21 | child presents proof that an eye examination will take place | ||||||
22 | within 60 days after October 15th. The Department of Public | ||||||
23 | Health shall establish, by rule, a waiver for children who show | ||||||
24 | an undue burden or a lack of access to a physician licensed to | ||||||
25 | practice medicine in all of its branches who provides eye | ||||||
26 | examinations or to a licensed optometrist. Each public, |
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1 | private, and parochial school must give notice of this eye | ||||||
2 | examination requirement to the parents and guardians of | ||||||
3 | students in compliance with rules of the Department of Public | ||||||
4 | Health. Nothing in this Section shall be construed to allow a | ||||||
5 | school to exclude a child from attending because of a parent's | ||||||
6 | or guardian's failure to obtain an eye examination for the | ||||||
7 | child.
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8 | (2) The Department of Public Health shall promulgate rules | ||||||
9 | and regulations
specifying the examinations and procedures | ||||||
10 | that constitute a health examination, which shall include an | ||||||
11 | age-appropriate developmental screening, an age-appropriate | ||||||
12 | social and emotional screening, and the collection of data | ||||||
13 | relating to obesity
(including at a minimum, date of birth, | ||||||
14 | gender, height, weight, blood pressure, and date of exam),
and | ||||||
15 | a dental examination and may recommend by rule that certain | ||||||
16 | additional examinations be performed.
The rules and | ||||||
17 | regulations of the Department of Public Health shall specify | ||||||
18 | that
a tuberculosis skin test screening shall be included as a | ||||||
19 | required part of each
health examination included under this | ||||||
20 | Section if the child resides in an area
designated by the | ||||||
21 | Department of Public Health as having a high incidence of
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22 | tuberculosis.
With respect to the developmental screening and | ||||||
23 | the social and emotional screening, the Department of Public | ||||||
24 | Health must develop rules and appropriate revisions to the | ||||||
25 | Child Health Examination form in conjunction with a statewide | ||||||
26 | organization representing school boards; a statewide |
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1 | organization representing pediatricians; statewide | ||||||
2 | organizations representing individuals holding Illinois | ||||||
3 | educator licenses with school support personnel endorsements, | ||||||
4 | including school social workers, school psychologists, and | ||||||
5 | school nurses; a statewide organization representing | ||||||
6 | children's mental health experts; a statewide organization | ||||||
7 | representing school principals; the Director of Healthcare and | ||||||
8 | Family Services or his or her designee, the State | ||||||
9 | Superintendent of Education or his or her designee; and | ||||||
10 | representatives of other appropriate State agencies and, at a | ||||||
11 | minimum, must recommend the use of validated screening tools | ||||||
12 | appropriate to the child's age or grade, and, with regard to | ||||||
13 | the social and emotional screening, require recording only | ||||||
14 | whether or not the screening was completed. The rules shall | ||||||
15 | take into consideration the screening recommendations of the | ||||||
16 | American Academy of Pediatrics and must be consistent with the | ||||||
17 | State Board of Education's social and emotional learning | ||||||
18 | standards. The Department of Public Health shall specify that a | ||||||
19 | diabetes
screening as defined by rule shall be included as a | ||||||
20 | required part of each
health examination.
Diabetes testing is | ||||||
21 | not required. | ||||||
22 | Physicians licensed to practice medicine in all of its | ||||||
23 | branches, licensed advanced
practice nurses, or licensed | ||||||
24 | physician assistants shall be
responsible for the performance | ||||||
25 | of the health examinations, other than dental
examinations, eye | ||||||
26 | examinations, and vision and hearing screening, and shall sign |
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1 | all report forms
required by subsection (4) of this Section | ||||||
2 | that pertain to those portions of
the health examination for | ||||||
3 | which the physician, advanced practice nurse, or
physician | ||||||
4 | assistant is responsible.
If a registered
nurse performs any | ||||||
5 | part of a health examination, then a physician licensed to
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6 | practice medicine in all of its branches must review and sign | ||||||
7 | all required
report forms. Licensed dentists shall perform all | ||||||
8 | dental examinations and
shall sign all report forms required by | ||||||
9 | subsection (4) of this Section that
pertain to the dental | ||||||
10 | examinations. Physicians licensed to practice medicine
in all | ||||||
11 | its branches or licensed optometrists shall perform all eye | ||||||
12 | examinations
required by this Section and shall sign all report | ||||||
13 | forms required by
subsection (4) of this Section that pertain | ||||||
14 | to the eye examination. For purposes of this Section, an eye | ||||||
15 | examination shall at a minimum include history, visual acuity, | ||||||
16 | subjective refraction to best visual acuity near and far, | ||||||
17 | internal and external examination, and a glaucoma evaluation, | ||||||
18 | as well as any other tests or observations that in the | ||||||
19 | professional judgment of the doctor are necessary. Vision and
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20 | hearing screening tests, which shall not be considered | ||||||
21 | examinations as that
term is used in this Section, shall be | ||||||
22 | conducted in accordance with rules and
regulations of the | ||||||
23 | Department of Public Health, and by individuals whom the
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24 | Department of Public Health has certified.
In these rules and | ||||||
25 | regulations, the Department of Public Health shall
require that | ||||||
26 | individuals conducting vision screening tests give a child's
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1 | parent or guardian written notification, before the vision | ||||||
2 | screening is
conducted, that states, "Vision screening is not a | ||||||
3 | substitute for a
complete eye and vision evaluation by an eye | ||||||
4 | doctor. Your child is not
required to undergo this vision | ||||||
5 | screening if an optometrist or
ophthalmologist has completed | ||||||
6 | and signed a report form indicating that
an examination has | ||||||
7 | been administered within the previous 12 months." | ||||||
8 | (2.5) With respect to the developmental screening and the | ||||||
9 | social and emotional screening portion of the health | ||||||
10 | examination, each child may present proof of having been | ||||||
11 | screened in accordance with this Section and the rules adopted | ||||||
12 | under this Section before October 15th of the school year. With | ||||||
13 | regard to the social and emotional screening only, the | ||||||
14 | examining health care provider shall only record whether or not | ||||||
15 | the screening was completed. If the child fails to present | ||||||
16 | proof of the developmental screening or the social and | ||||||
17 | emotional screening portions of the health examination by | ||||||
18 | October 15th of the school year, qualified school support | ||||||
19 | personnel may, with a parent's or guardian's consent, offer the | ||||||
20 | developmental screening or the social and emotional screening | ||||||
21 | to the child. Each public, private, and parochial school must | ||||||
22 | give notice of the developmental screening and social and | ||||||
23 | emotional screening requirements to the parents and guardians | ||||||
24 | of students in compliance with the rules of the Department of | ||||||
25 | Public Health. Nothing in this Section shall be construed to | ||||||
26 | allow a school to exclude a child from attending because of a |
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1 | parent's or guardian's failure to obtain a developmental | ||||||
2 | screening or a social and emotional screening for the child. | ||||||
3 | Once a developmental screening or a social and emotional | ||||||
4 | screening is completed and proof has been presented to the | ||||||
5 | school, the school may, with a parent's or guardian's consent, | ||||||
6 | make available appropriate school personnel to work with the | ||||||
7 | parent or guardian, the child, and the provider who signed the | ||||||
8 | screening form to obtain any appropriate evaluations and | ||||||
9 | services as indicated on the form and in other information and | ||||||
10 | documentation provided by the parents, guardians, or provider. | ||||||
11 | (3) Every child shall, at or about the same time as he or | ||||||
12 | she receives
a health examination required by subsection (1) of | ||||||
13 | this Section, present
to the local school proof of having | ||||||
14 | received such immunizations against
preventable communicable | ||||||
15 | diseases as the Department of Public Health shall
require by | ||||||
16 | rules and regulations promulgated pursuant to this Section and | ||||||
17 | the
Communicable Disease Prevention Act. | ||||||
18 | (4) The individuals conducting the health examination,
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19 | dental examination, or eye examination shall record the
fact of | ||||||
20 | having conducted the examination, and such additional | ||||||
21 | information as
required, including for a health examination
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22 | data relating to obesity
(including at a minimum, date of | ||||||
23 | birth, gender, height, weight, blood pressure, and date of | ||||||
24 | exam), on uniform forms which the Department of Public Health | ||||||
25 | and the State
Board of Education shall prescribe for statewide | ||||||
26 | use. The examiner shall
summarize on the report form any |
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1 | condition that he or she suspects indicates a
need for special | ||||||
2 | services, including for a health examination factors relating | ||||||
3 | to obesity. The duty to summarize on the report form does not | ||||||
4 | apply to social and emotional screenings. The confidentiality | ||||||
5 | of the information and records relating to the developmental | ||||||
6 | screening and the social and emotional screening shall be | ||||||
7 | determined by the statutes, rules, and professional ethics | ||||||
8 | governing the type of provider conducting the screening. The | ||||||
9 | individuals confirming the administration of
required | ||||||
10 | immunizations shall record as indicated on the form that the
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11 | immunizations were administered. | ||||||
12 | (5) If a child does not submit proof of having had either | ||||||
13 | the health
examination or the immunization as required, then | ||||||
14 | the child shall be examined
or receive the immunization, as the | ||||||
15 | case may be, and present proof by October
15 of the current | ||||||
16 | school year, or by an earlier date of the current school year
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17 | established by a school district. To establish a date before | ||||||
18 | October 15 of the
current school year for the health | ||||||
19 | examination or immunization as required, a
school district must | ||||||
20 | give notice of the requirements of this Section 60 days
prior | ||||||
21 | to the earlier established date. If for medical reasons one or | ||||||
22 | more of
the required immunizations must be given after October | ||||||
23 | 15 of the current school
year, or after an earlier established | ||||||
24 | date of the current school year, then
the child shall present, | ||||||
25 | by October 15, or by the earlier established date, a
schedule | ||||||
26 | for the administration of the immunizations and a statement of |
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1 | the
medical reasons causing the delay, both the schedule and | ||||||
2 | the statement being
issued by the physician, advanced practice | ||||||
3 | nurse, physician assistant,
registered nurse, or local health | ||||||
4 | department that will
be responsible for administration of the | ||||||
5 | remaining required immunizations. If
a child does not comply by | ||||||
6 | October 15, or by the earlier established date of
the current | ||||||
7 | school year, with the requirements of this subsection, then the
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8 | local school authority shall exclude that child from school | ||||||
9 | until such time as
the child presents proof of having had the | ||||||
10 | health examination as required and
presents proof of having | ||||||
11 | received those required immunizations which are
medically | ||||||
12 | possible to receive immediately. During a child's exclusion | ||||||
13 | from
school for noncompliance with this subsection, the child's | ||||||
14 | parents or legal
guardian shall be considered in violation of | ||||||
15 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
16 | 26-10. This subsection (5) does not apply to dental | ||||||
17 | examinations , and eye examinations , and the developmental | ||||||
18 | screening and the social and emotional screening portions of | ||||||
19 | the health examination . If the student is an out-of-state | ||||||
20 | transfer student and does not have the proof required under | ||||||
21 | this subsection (5) before October 15 of the current year or | ||||||
22 | whatever date is set by the school district, then he or she may | ||||||
23 | only attend classes (i) if he or she has proof that an | ||||||
24 | appointment for the required vaccinations has been scheduled | ||||||
25 | with a party authorized to submit proof of the required | ||||||
26 | vaccinations. If the proof of vaccination required under this |
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1 | subsection (5) is not submitted within 30 days after the | ||||||
2 | student is permitted to attend classes, then the student is not | ||||||
3 | to be permitted to attend classes until proof of the | ||||||
4 | vaccinations has been properly submitted. No school district or | ||||||
5 | employee of a school district shall be held liable for any | ||||||
6 | injury or illness to another person that results from admitting | ||||||
7 | an out-of-state transfer student to class that has an | ||||||
8 | appointment scheduled pursuant to this subsection (5). | ||||||
9 | (6) Every school shall report to the State Board of | ||||||
10 | Education by November
15, in the manner which that agency shall | ||||||
11 | require, the number of children who
have received the necessary | ||||||
12 | immunizations and the health examination (other than a dental | ||||||
13 | examination or eye examination) as
required, indicating, of | ||||||
14 | those who have not received the immunizations and
examination | ||||||
15 | as required, the number of children who are exempt from health
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16 | examination and immunization requirements on religious or | ||||||
17 | medical grounds as
provided in subsection (8). On or before | ||||||
18 | December 1 of each year, every public school district and | ||||||
19 | registered nonpublic school shall make publicly available the | ||||||
20 | immunization data they are required to submit to the State | ||||||
21 | Board of Education by November 15. The immunization data made | ||||||
22 | publicly available must be identical to the data the school | ||||||
23 | district or school has reported to the State Board of | ||||||
24 | Education. | ||||||
25 | Every school shall report to the State Board of Education | ||||||
26 | by June 30, in the manner that the State Board requires, the |
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1 | number of children who have received the required dental | ||||||
2 | examination, indicating, of those who have not received the | ||||||
3 | required dental examination, the number of children who are | ||||||
4 | exempt from the dental examination on religious grounds as | ||||||
5 | provided in subsection (8) of this Section and the number of | ||||||
6 | children who have received a waiver under subsection (1.5) of | ||||||
7 | this Section. | ||||||
8 | Every school shall report to the State Board of Education | ||||||
9 | by June 30, in the manner that the State Board requires, the | ||||||
10 | number of children who have received the required eye | ||||||
11 | examination, indicating, of those who have not received the | ||||||
12 | required eye examination, the number of children who are exempt | ||||||
13 | from the eye examination as provided in subsection (8) of this | ||||||
14 | Section, the number of children who have received a waiver | ||||||
15 | under subsection (1.10) of this Section, and the total number | ||||||
16 | of children in noncompliance with the eye examination | ||||||
17 | requirement. | ||||||
18 | The reported information under this subsection (6) shall be | ||||||
19 | provided to the
Department of Public Health by the State Board | ||||||
20 | of Education. | ||||||
21 | (7) Upon determining that the number of pupils who are | ||||||
22 | required to be in
compliance with subsection (5) of this | ||||||
23 | Section is below 90% of the number of
pupils enrolled in the | ||||||
24 | school district, 10% of each State aid payment made
pursuant to | ||||||
25 | Section 18-8.05 to the school district for such year may be | ||||||
26 | withheld
by the State Board of Education until the number of |
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1 | students in compliance with
subsection (5) is the applicable | ||||||
2 | specified percentage or higher. | ||||||
3 | (8) Children of parents or legal guardians who object to | ||||||
4 | health, dental, or eye examinations or any part thereof, to | ||||||
5 | immunizations, or to vision and hearing screening tests on | ||||||
6 | religious grounds shall not be required to undergo the | ||||||
7 | examinations, tests, or immunizations to which they so object | ||||||
8 | if such parents or legal guardians present to the appropriate | ||||||
9 | local school authority a signed Certificate of Religious | ||||||
10 | Exemption detailing the grounds for objection and the specific | ||||||
11 | immunizations, tests, or examinations to which they object. The | ||||||
12 | grounds for objection must set forth the specific religious | ||||||
13 | belief that conflicts with the examination, test, | ||||||
14 | immunization, or other medical intervention. The signed | ||||||
15 | certificate shall also reflect the parent's or legal guardian's | ||||||
16 | understanding of the school's exclusion policies in the case of | ||||||
17 | a vaccine-preventable disease outbreak or exposure. The | ||||||
18 | certificate must also be signed by the authorized examining | ||||||
19 | health care provider responsible for the performance of the | ||||||
20 | child's health examination confirming that the provider | ||||||
21 | provided education to the parent or legal guardian on the | ||||||
22 | benefits of immunization and the health risks to the student | ||||||
23 | and to the community of the communicable diseases for which | ||||||
24 | immunization is required in this State. However, the health | ||||||
25 | care provider's signature on the certificate reflects only that | ||||||
26 | education was provided and does not allow a health care |
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1 | provider grounds to determine a religious exemption. Those | ||||||
2 | receiving immunizations required under this Code shall be | ||||||
3 | provided with the relevant vaccine information statements that | ||||||
4 | are required to be disseminated by the federal National | ||||||
5 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
6 | information on circumstances when a vaccine should not be | ||||||
7 | administered, prior to administering a vaccine. A healthcare | ||||||
8 | provider may consider including without limitation the | ||||||
9 | nationally accepted recommendations from federal agencies such | ||||||
10 | as the Advisory Committee on Immunization Practices, the | ||||||
11 | information outlined in the relevant vaccine information | ||||||
12 | statement, and vaccine package inserts, along with the | ||||||
13 | healthcare provider's clinical judgment, to determine whether | ||||||
14 | any child may be more susceptible to experiencing an adverse | ||||||
15 | vaccine reaction than the general population, and, if so, the | ||||||
16 | healthcare provider may exempt the child from an immunization | ||||||
17 | or adopt an individualized immunization schedule. The | ||||||
18 | Certificate of Religious Exemption shall be created by the | ||||||
19 | Department of Public Health and shall be made available and | ||||||
20 | used by parents and legal guardians by the beginning of the | ||||||
21 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
22 | the Certificate of Religious Exemption to their local school | ||||||
23 | authority prior to entering kindergarten, sixth grade, and | ||||||
24 | ninth grade for each child for which they are requesting an | ||||||
25 | exemption. The religious objection stated need not be directed | ||||||
26 | by the tenets of an established religious organization. |
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1 | However, general philosophical or moral reluctance to allow | ||||||
2 | physical examinations, eye examinations, immunizations, vision | ||||||
3 | and hearing screenings, or dental examinations does not provide | ||||||
4 | a sufficient basis for an exception to statutory requirements. | ||||||
5 | The local school authority is responsible for determining if
| ||||||
6 | the content of the Certificate of Religious Exemption
| ||||||
7 | constitutes a valid religious objection.
The local school | ||||||
8 | authority shall inform the parent or legal guardian of | ||||||
9 | exclusion procedures, in accordance with the Department's | ||||||
10 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
11 | Code, at the time the objection is presented. | ||||||
12 | If the physical condition
of the child is such that any one | ||||||
13 | or more of the immunizing agents should not
be administered, | ||||||
14 | the examining physician, advanced practice nurse, or
physician | ||||||
15 | assistant responsible for the performance of the
health | ||||||
16 | examination shall endorse that fact upon the health examination | ||||||
17 | form. | ||||||
18 | Exempting a child from the health,
dental, or eye | ||||||
19 | examination does not exempt the child from
participation in the | ||||||
20 | program of physical education training provided in
Sections | ||||||
21 | 27-5 through 27-7 of this Code. | ||||||
22 | (9) For the purposes of this Section, "nursery schools" | ||||||
23 | means those nursery
schools operated by elementary school | ||||||
24 | systems or secondary level school units
or institutions of | ||||||
25 | higher learning. | ||||||
26 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; |
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1 | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
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2 | (105 ILCS 5/27A-5)
| ||||||
3 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
4 | (a) A charter school shall be a public, nonsectarian, | ||||||
5 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
6 | school shall be organized and operated
as a nonprofit | ||||||
7 | corporation or other discrete, legal, nonprofit entity
| ||||||
8 | authorized under the laws of the State of Illinois.
| ||||||
9 | (b) A charter school may be established under this Article | ||||||
10 | by creating a new
school or by converting an existing public | ||||||
11 | school or attendance center to
charter
school status.
Beginning | ||||||
12 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
13 | all new
applications to establish
a charter
school in a city | ||||||
14 | having a population exceeding 500,000, operation of the
charter
| ||||||
15 | school shall be limited to one campus. The changes made to this | ||||||
16 | Section by Public Act 93-3 do not apply to charter schools | ||||||
17 | existing or approved on or before April 16, 2003 (the
effective | ||||||
18 | date of Public Act 93-3). | ||||||
19 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
20 | a cyber school where students engage in online curriculum and | ||||||
21 | instruction via the Internet and electronic communication with | ||||||
22 | their teachers at remote locations and with students | ||||||
23 | participating at different times. | ||||||
24 | From April 1, 2013 through December 31, 2016, there is a | ||||||
25 | moratorium on the establishment of charter schools with |
| |||||||
| |||||||
1 | virtual-schooling components in school districts other than a | ||||||
2 | school district organized under Article 34 of this Code. This | ||||||
3 | moratorium does not apply to a charter school with | ||||||
4 | virtual-schooling components existing or approved prior to | ||||||
5 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
6 | school with virtual-schooling components already approved | ||||||
7 | prior to April 1, 2013. | ||||||
8 | On or before March 1, 2014, the Commission shall submit to | ||||||
9 | the General Assembly a report on the effect of | ||||||
10 | virtual-schooling, including without limitation the effect on | ||||||
11 | student performance, the costs associated with | ||||||
12 | virtual-schooling, and issues with oversight. The report shall | ||||||
13 | include policy recommendations for virtual-schooling.
| ||||||
14 | (c) A charter school shall be administered and governed by | ||||||
15 | its board of
directors or other governing body
in the manner | ||||||
16 | provided in its charter. The governing body of a charter school
| ||||||
17 | shall be subject to the Freedom of Information Act and the Open | ||||||
18 | Meetings Act.
| ||||||
19 | (d) For purposes of this subsection (d), "non-curricular | ||||||
20 | health and safety requirement" means any health and safety | ||||||
21 | requirement created by statute or rule to provide, maintain, | ||||||
22 | preserve, or safeguard safe or healthful conditions for | ||||||
23 | students and school personnel or to eliminate, reduce, or | ||||||
24 | prevent threats to the health and safety of students and school | ||||||
25 | personnel. "Non-curricular health and safety requirement" does | ||||||
26 | not include any course of study or specialized instructional |
| |||||||
| |||||||
1 | requirement for which the State Board has established goals and | ||||||
2 | learning standards or which is designed primarily to impart | ||||||
3 | knowledge and skills for students to master and apply as an | ||||||
4 | outcome of their education. | ||||||
5 | A charter school shall comply with all non-curricular | ||||||
6 | health and safety
requirements applicable to public schools | ||||||
7 | under the laws of the State of
Illinois. On or before September | ||||||
8 | 1, 2015, the State Board shall promulgate and post on its | ||||||
9 | Internet website a list of non-curricular health and safety | ||||||
10 | requirements that a charter school must meet. The list shall be | ||||||
11 | updated annually no later than September 1. Any charter | ||||||
12 | contract between a charter school and its authorizer must | ||||||
13 | contain a provision that requires the charter school to follow | ||||||
14 | the list of all non-curricular health and safety requirements | ||||||
15 | promulgated by the State Board and any non-curricular health | ||||||
16 | and safety requirements added by the State Board to such list | ||||||
17 | during the term of the charter. Nothing in this subsection (d) | ||||||
18 | precludes an authorizer from including non-curricular health | ||||||
19 | and safety requirements in a charter school contract that are | ||||||
20 | not contained in the list promulgated by the State Board, | ||||||
21 | including non-curricular health and safety requirements of the | ||||||
22 | authorizing local school board.
| ||||||
23 | (e) Except as otherwise provided in the School Code, a | ||||||
24 | charter school shall
not charge tuition; provided that a | ||||||
25 | charter school may charge reasonable fees
for textbooks, | ||||||
26 | instructional materials, and student activities.
|
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| |||||||
1 | (f) A charter school shall be responsible for the | ||||||
2 | management and operation
of its fiscal affairs including,
but | ||||||
3 | not limited to, the preparation of its budget. An audit of each | ||||||
4 | charter
school's finances shall be conducted annually by an | ||||||
5 | outside, independent
contractor retained by the charter | ||||||
6 | school. To ensure financial accountability for the use of | ||||||
7 | public funds, on or before December 1 of every year of | ||||||
8 | operation, each charter school shall submit to its authorizer | ||||||
9 | and the State Board a copy of its audit and a copy of the Form | ||||||
10 | 990 the charter school filed that year with the federal | ||||||
11 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
12 | proper financial oversight of the charter school, an authorizer | ||||||
13 | may require quarterly financial statements from each charter | ||||||
14 | school.
| ||||||
15 | (g) A charter school shall comply with all provisions of | ||||||
16 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
17 | federal and State laws and rules applicable to public schools | ||||||
18 | that pertain to special education and the instruction of | ||||||
19 | English learners, and
its charter. A charter
school is exempt | ||||||
20 | from all other State laws and regulations in this Code
| ||||||
21 | governing public
schools and local school board policies; | ||||||
22 | however, a charter school is not exempt from the following:
| ||||||
23 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
24 | criminal
history records checks and checks of the Statewide | ||||||
25 | Sex Offender Database and Statewide Murderer and Violent | ||||||
26 | Offender Against Youth Database of applicants for |
| |||||||
| |||||||
1 | employment;
| ||||||
2 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
3 | 34-84a of this Code regarding discipline of
students;
| ||||||
4 | (3) the Local Governmental and Governmental Employees | ||||||
5 | Tort Immunity Act;
| ||||||
6 | (4) Section 108.75 of the General Not For Profit | ||||||
7 | Corporation Act of 1986
regarding indemnification of | ||||||
8 | officers, directors, employees, and agents;
| ||||||
9 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
10 | (6) the Illinois School Student Records Act;
| ||||||
11 | (7) Section 10-17a of this Code regarding school report | ||||||
12 | cards;
| ||||||
13 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
14 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
15 | prevention; | ||||||
16 | (10) Section 2-3.162 of this Code regarding student | ||||||
17 | discipline reporting; and | ||||||
18 | (11) Sections Section 22-80 and 27-8.1 of this Code. | ||||||
19 | The change made by Public Act 96-104 to this subsection (g) | ||||||
20 | is declaratory of existing law. | ||||||
21 | (h) A charter school may negotiate and contract with a | ||||||
22 | school district, the
governing body of a State college or | ||||||
23 | university or public community college, or
any other public or | ||||||
24 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
25 | school building and grounds or any other real property or | ||||||
26 | facilities that
the charter school desires to use or convert |
| |||||||
| |||||||
1 | for use as a charter school site,
(ii) the operation and | ||||||
2 | maintenance thereof, and
(iii) the provision of any service, | ||||||
3 | activity, or undertaking that the charter
school is required to | ||||||
4 | perform in order to carry out the terms of its charter.
| ||||||
5 | However, a charter school
that is established on
or
after April | ||||||
6 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
7 | operates
in a city having a population exceeding
500,000 may | ||||||
8 | not contract with a for-profit entity to
manage or operate the | ||||||
9 | school during the period that commences on April 16, 2003 (the
| ||||||
10 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
11 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
12 | of this Section, a school district may
charge a charter school | ||||||
13 | reasonable rent for the use of the district's
buildings, | ||||||
14 | grounds, and facilities. Any services for which a charter | ||||||
15 | school
contracts
with a school district shall be provided by | ||||||
16 | the district at cost. Any services
for which a charter school | ||||||
17 | contracts with a local school board or with the
governing body | ||||||
18 | of a State college or university or public community college
| ||||||
19 | shall be provided by the public entity at cost.
| ||||||
20 | (i) In no event shall a charter school that is established | ||||||
21 | by converting an
existing school or attendance center to | ||||||
22 | charter school status be required to
pay rent for space
that is | ||||||
23 | deemed available, as negotiated and provided in the charter | ||||||
24 | agreement,
in school district
facilities. However, all other | ||||||
25 | costs for the operation and maintenance of
school district | ||||||
26 | facilities that are used by the charter school shall be subject
|
| |||||||
| |||||||
1 | to negotiation between
the charter school and the local school | ||||||
2 | board and shall be set forth in the
charter.
| ||||||
3 | (j) A charter school may limit student enrollment by age or | ||||||
4 | grade level.
| ||||||
5 | (k) If the charter school is approved by the Commission, | ||||||
6 | then the Commission charter school is its own local education | ||||||
7 | agency. | ||||||
8 | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | ||||||
9 | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | ||||||
10 | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | ||||||
11 | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | ||||||
12 | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
|