Bill Text: IL SB0565 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.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 Section | ||||||
5 | 27-8.1 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 and social and emotional | ||||||
12 | screening and the collection of data relating to obesity
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13 | (including at a minimum, date of birth, gender, height, weight, | ||||||
14 | blood pressure, and date of exam),
and a dental examination and | ||||||
15 | may recommend by rule that certain additional examinations be | ||||||
16 | performed.
The rules and regulations of the Department of | ||||||
17 | Public Health shall specify that
a tuberculosis skin test | ||||||
18 | screening shall be included as a required part of each
health | ||||||
19 | examination included under this Section if the child resides in | ||||||
20 | an area
designated by the Department of Public Health as having | ||||||
21 | a high incidence of
tuberculosis. With respect to the social | ||||||
22 | and emotional screening, the rules must be developed in | ||||||
23 | conjunction with a statewide organization representing school | ||||||
24 | boards, a statewide organization representing pediatricians, | ||||||
25 | and a statewide organization representing children's mental | ||||||
26 | health experts and, at a minimum, recommend the use of a |
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1 | validated screening tool. The rules shall provide that social | ||||||
2 | and emotional screenings are not intended to replace or | ||||||
3 | duplicate health care systems conducting screening and | ||||||
4 | anticipatory guidance consistent with recommendations of the | ||||||
5 | American Academy of Pediatrics and must be consistent with the | ||||||
6 | State Board of Education's social and emotional learning | ||||||
7 | standards.
The Department of Public Health shall specify that a | ||||||
8 | diabetes
screening as defined by rule shall be included as a | ||||||
9 | required part of each
health examination.
Diabetes testing is | ||||||
10 | not required. | ||||||
11 | Physicians licensed to practice medicine in all of its | ||||||
12 | branches, licensed advanced
practice nurses, or licensed | ||||||
13 | physician assistants shall be
responsible for the performance | ||||||
14 | of the health examinations, other than dental
examinations, eye | ||||||
15 | examinations, and vision and hearing screening, and shall sign | ||||||
16 | all report forms
required by subsection (4) of this Section | ||||||
17 | that pertain to those portions of
the health examination for | ||||||
18 | which the physician, advanced practice nurse, or
physician | ||||||
19 | assistant is responsible.
If a registered
nurse performs any | ||||||
20 | part of a health examination, then a physician licensed to
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21 | practice medicine in all of its branches must review and sign | ||||||
22 | all required
report forms. Licensed dentists shall perform all | ||||||
23 | dental examinations and
shall sign all report forms required by | ||||||
24 | subsection (4) of this Section that
pertain to the dental | ||||||
25 | examinations. Physicians licensed to practice medicine
in all | ||||||
26 | its branches or licensed optometrists shall perform all eye |
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1 | examinations
required by this Section and shall sign all report | ||||||
2 | forms required by
subsection (4) of this Section that pertain | ||||||
3 | to the eye examination. For purposes of this Section, an eye | ||||||
4 | examination shall at a minimum include history, visual acuity, | ||||||
5 | subjective refraction to best visual acuity near and far, | ||||||
6 | internal and external examination, and a glaucoma evaluation, | ||||||
7 | as well as any other tests or observations that in the | ||||||
8 | professional judgment of the doctor are necessary. Vision and
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9 | hearing screening tests, which shall not be considered | ||||||
10 | examinations as that
term is used in this Section, shall be | ||||||
11 | conducted in accordance with rules and
regulations of the | ||||||
12 | Department of Public Health, and by individuals whom the
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13 | Department of Public Health has certified.
In these rules and | ||||||
14 | regulations, the Department of Public Health shall
require that | ||||||
15 | individuals conducting vision screening tests give a child's
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16 | parent or guardian written notification, before the vision | ||||||
17 | screening is
conducted, that states, "Vision screening is not a | ||||||
18 | substitute for a
complete eye and vision evaluation by an eye | ||||||
19 | doctor. Your child is not
required to undergo this vision | ||||||
20 | screening if an optometrist or
ophthalmologist has completed | ||||||
21 | and signed a report form indicating that
an examination has | ||||||
22 | been administered within the previous 12 months." | ||||||
23 | (2.5) With respect to the social and emotional screening | ||||||
24 | portion of the health examination, each child shall present | ||||||
25 | proof of having been examined by a physician licensed to | ||||||
26 | practice medicine in all of its branches within the previous |
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1 | year, in accordance with this Section and rules adopted under | ||||||
2 | this Section, before October 15th of the school year. If the | ||||||
3 | child fails to present proof of the social and emotional | ||||||
4 | screening portion of the health examination by October 15th, | ||||||
5 | the school may hold the child's report card until one of the | ||||||
6 | following occurs: (i) the child presents proof of a completed | ||||||
7 | social and emotional screening or (ii) the child presents proof | ||||||
8 | that a social and emotional screening will take place within 60 | ||||||
9 | days after October 15th. The Department of Public Health shall | ||||||
10 | establish, by rule, a waiver for children who show an undue | ||||||
11 | burden or a lack of access to a physician licensed to practice | ||||||
12 | medicine in all of its branches who provides social and | ||||||
13 | emotional screenings. Each public, private, and parochial | ||||||
14 | school must give notice of this social and emotional screening | ||||||
15 | requirement to the parents and guardians of students in | ||||||
16 | compliance with rules of the Department of Public Health. | ||||||
17 | Nothing in this Section shall be construed to allow a school to | ||||||
18 | exclude a child from attending because of a parent's or | ||||||
19 | guardian's failure to obtain a social and emotional screening | ||||||
20 | for the child. | ||||||
21 | (3) Every child shall, at or about the same time as he or | ||||||
22 | she receives
a health examination required by subsection (1) of | ||||||
23 | this Section, present
to the local school proof of having | ||||||
24 | received such immunizations against
preventable communicable | ||||||
25 | diseases as the Department of Public Health shall
require by | ||||||
26 | rules and regulations promulgated pursuant to this Section and |
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1 | the
Communicable Disease Prevention Act. | ||||||
2 | (4) The individuals conducting the health examination,
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3 | dental examination, or eye examination shall record the
fact of | ||||||
4 | having conducted the examination, and such additional | ||||||
5 | information as
required, including for a health examination
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6 | data relating to obesity
(including at a minimum, date of | ||||||
7 | birth, gender, height, weight, blood pressure, and date of | ||||||
8 | exam), on uniform forms which the Department of Public Health | ||||||
9 | and the State
Board of Education shall prescribe for statewide | ||||||
10 | use. The examiner shall
summarize on the report form any | ||||||
11 | condition that he or she suspects indicates a
need for special | ||||||
12 | services, including for a health examination factors relating | ||||||
13 | to obesity. Regarding social and emotional functioning, | ||||||
14 | information must be shared in a manner consistent with laws and | ||||||
15 | policies governing health care confidentiality. The | ||||||
16 | individuals confirming the administration of
required | ||||||
17 | immunizations shall record as indicated on the form that the
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18 | immunizations were administered. | ||||||
19 | (5) If a child does not submit proof of having had either | ||||||
20 | the health
examination or the immunization as required, then | ||||||
21 | the child shall be examined
or receive the immunization, as the | ||||||
22 | case may be, and present proof by October
15 of the current | ||||||
23 | school year, or by an earlier date of the current school year
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24 | established by a school district. To establish a date before | ||||||
25 | October 15 of the
current school year for the health | ||||||
26 | examination or immunization as required, a
school district must |
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1 | give notice of the requirements of this Section 60 days
prior | ||||||
2 | to the earlier established date. If for medical reasons one or | ||||||
3 | more of
the required immunizations must be given after October | ||||||
4 | 15 of the current school
year, or after an earlier established | ||||||
5 | date of the current school year, then
the child shall present, | ||||||
6 | by October 15, or by the earlier established date, a
schedule | ||||||
7 | for the administration of the immunizations and a statement of | ||||||
8 | the
medical reasons causing the delay, both the schedule and | ||||||
9 | the statement being
issued by the physician, advanced practice | ||||||
10 | nurse, physician assistant,
registered nurse, or local health | ||||||
11 | department that will
be responsible for administration of the | ||||||
12 | remaining required immunizations. If
a child does not comply by | ||||||
13 | October 15, or by the earlier established date of
the current | ||||||
14 | school year, with the requirements of this subsection, then the
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15 | local school authority shall exclude that child from school | ||||||
16 | until such time as
the child presents proof of having had the | ||||||
17 | health examination as required and
presents proof of having | ||||||
18 | received those required immunizations which are
medically | ||||||
19 | possible to receive immediately. During a child's exclusion | ||||||
20 | from
school for noncompliance with this subsection, the child's | ||||||
21 | parents or legal
guardian shall be considered in violation of | ||||||
22 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
23 | 26-10. This subsection (5) does not apply to dental | ||||||
24 | examinations , and eye examinations , or the social and emotional | ||||||
25 | screening portion of the health examination . If the student is | ||||||
26 | an out-of-state transfer student and does not have the proof |
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1 | required under this subsection (5) before October 15 of the | ||||||
2 | current year or whatever date is set by the school district, | ||||||
3 | then he or she may only attend classes (i) if he or she has | ||||||
4 | proof that an appointment for the required vaccinations has | ||||||
5 | been scheduled with a party authorized to submit proof of the | ||||||
6 | required vaccinations. If the proof of vaccination required | ||||||
7 | under this subsection (5) is not submitted within 30 days after | ||||||
8 | the student is permitted to attend classes, then the student is | ||||||
9 | not to be permitted to attend classes until proof of the | ||||||
10 | vaccinations has been properly submitted. No school district or | ||||||
11 | employee of a school district shall be held liable for any | ||||||
12 | injury or illness to another person that results from admitting | ||||||
13 | an out-of-state transfer student to class that has an | ||||||
14 | appointment scheduled pursuant to this subsection (5). | ||||||
15 | (6) Every school shall report to the State Board of | ||||||
16 | Education by November
15, in the manner which that agency shall | ||||||
17 | require, the number of children who
have received the necessary | ||||||
18 | immunizations and the health examination (other than a dental | ||||||
19 | examination or eye examination) as
required, indicating, of | ||||||
20 | those who have not received the immunizations and
examination | ||||||
21 | as required, the number of children who are exempt from health
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22 | examination and immunization requirements on religious or | ||||||
23 | medical grounds as
provided in subsection (8). On or before | ||||||
24 | December 1 of each year, every public school district and | ||||||
25 | registered nonpublic school shall make publicly available the | ||||||
26 | immunization data they are required to submit to the State |
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1 | Board of Education by November 15. The immunization data made | ||||||
2 | publicly available must be identical to the data the school | ||||||
3 | district or school has reported to the State Board of | ||||||
4 | Education. | ||||||
5 | Every school shall report to the State Board of Education | ||||||
6 | by June 30, in the manner that the State Board requires, the | ||||||
7 | number of children who have received the required dental | ||||||
8 | examination, indicating, of those who have not received the | ||||||
9 | required dental examination, the number of children who are | ||||||
10 | exempt from the dental examination on religious grounds as | ||||||
11 | provided in subsection (8) of this Section and the number of | ||||||
12 | children who have received a waiver under subsection (1.5) of | ||||||
13 | this Section. | ||||||
14 | Every school shall report to the State Board of Education | ||||||
15 | by June 30, in the manner that the State Board requires, the | ||||||
16 | number of children who have received the required eye | ||||||
17 | examination, indicating, of those who have not received the | ||||||
18 | required eye examination, the number of children who are exempt | ||||||
19 | from the eye examination as provided in subsection (8) of this | ||||||
20 | Section, the number of children who have received a waiver | ||||||
21 | under subsection (1.10) of this Section, and the total number | ||||||
22 | of children in noncompliance with the eye examination | ||||||
23 | requirement. | ||||||
24 | The reported information under this subsection (6) shall be | ||||||
25 | provided to the
Department of Public Health by the State Board | ||||||
26 | of Education. |
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1 | (7) Upon determining that the number of pupils who are | ||||||
2 | required to be in
compliance with subsection (5) of this | ||||||
3 | Section is below 90% of the number of
pupils enrolled in the | ||||||
4 | school district, 10% of each State aid payment made
pursuant to | ||||||
5 | Section 18-8.05 to the school district for such year may be | ||||||
6 | withheld
by the State Board of Education until the number of | ||||||
7 | students in compliance with
subsection (5) is the applicable | ||||||
8 | specified percentage or higher. | ||||||
9 | (8) Children of parents or legal guardians who object to | ||||||
10 | health, dental, or eye examinations or any part thereof, to | ||||||
11 | immunizations, or to vision and hearing screening tests on | ||||||
12 | religious grounds shall not be required to undergo the | ||||||
13 | examinations, tests, or immunizations to which they so object | ||||||
14 | if such parents or legal guardians present to the appropriate | ||||||
15 | local school authority a signed Certificate of Religious | ||||||
16 | Exemption detailing the grounds for objection and the specific | ||||||
17 | immunizations, tests, or examinations to which they object. The | ||||||
18 | grounds for objection must set forth the specific religious | ||||||
19 | belief that conflicts with the examination, test, | ||||||
20 | immunization, or other medical intervention. The signed | ||||||
21 | certificate shall also reflect the parent's or legal guardian's | ||||||
22 | understanding of the school's exclusion policies in the case of | ||||||
23 | a vaccine-preventable disease outbreak or exposure. The | ||||||
24 | certificate must also be signed by the authorized examining | ||||||
25 | health care provider responsible for the performance of the | ||||||
26 | child's health examination confirming that the provider |
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1 | provided education to the parent or legal guardian on the | ||||||
2 | benefits of immunization and the health risks to the student | ||||||
3 | and to the community of the communicable diseases for which | ||||||
4 | immunization is required in this State. However, the health | ||||||
5 | care provider's signature on the certificate reflects only that | ||||||
6 | education was provided and does not allow a health care | ||||||
7 | provider grounds to determine a religious exemption. Those | ||||||
8 | receiving immunizations required under this Code shall be | ||||||
9 | provided with the relevant vaccine information statements that | ||||||
10 | are required to be disseminated by the federal National | ||||||
11 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
12 | information on circumstances when a vaccine should not be | ||||||
13 | administered, prior to administering a vaccine. A healthcare | ||||||
14 | provider may consider including without limitation the | ||||||
15 | nationally accepted recommendations from federal agencies such | ||||||
16 | as the Advisory Committee on Immunization Practices, the | ||||||
17 | information outlined in the relevant vaccine information | ||||||
18 | statement, and vaccine package inserts, along with the | ||||||
19 | healthcare provider's clinical judgment, to determine whether | ||||||
20 | any child may be more susceptible to experiencing an adverse | ||||||
21 | vaccine reaction than the general population, and , if so, the | ||||||
22 | healthcare provider may exempt the child from an immunization | ||||||
23 | or adopt an individualized immunization schedule. The | ||||||
24 | Certificate of Religious Exemption shall be created by the | ||||||
25 | Department of Public Health and shall be made available and | ||||||
26 | used by parents and legal guardians by the beginning of the |
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1 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
2 | the Certificate of Religious Exemption to their local school | ||||||
3 | authority prior to entering kindergarten, sixth grade, and | ||||||
4 | ninth grade for each child for which they are requesting an | ||||||
5 | exemption. The religious objection stated need not be directed | ||||||
6 | by the tenets of an established religious organization. | ||||||
7 | However, general philosophical or moral reluctance to allow | ||||||
8 | physical examinations, eye examinations, immunizations, vision | ||||||
9 | and hearing screenings, or dental examinations does not provide | ||||||
10 | a sufficient basis for an exception to statutory requirements. | ||||||
11 | The local school authority is responsible for determining if
| ||||||
12 | the content of the Certificate of Religious Exemption
| ||||||
13 | constitutes a valid religious objection.
The local school | ||||||
14 | authority shall inform the parent or legal guardian of | ||||||
15 | exclusion procedures, in accordance with the Department's | ||||||
16 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
17 | Code, at the time the objection is presented. | ||||||
18 | If the physical condition
of the child is such that any one | ||||||
19 | or more of the immunizing agents should not
be administered, | ||||||
20 | the examining physician, advanced practice nurse, or
physician | ||||||
21 | assistant responsible for the performance of the
health | ||||||
22 | examination shall endorse that fact upon the health examination | ||||||
23 | form. | ||||||
24 | Exempting a child from the health,
dental, or eye | ||||||
25 | examination does not exempt the child from
participation in the | ||||||
26 | program of physical education training provided in
Sections |
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1 | 27-5 through 27-7 of this Code. | ||||||
2 | (9) For the purposes of this Section, "nursery schools" | ||||||
3 | means those nursery
schools operated by elementary school | ||||||
4 | systems or secondary level school units
|