Bill Text: IL HB5432 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the School Code and the Communicable Disease Prevention Act. Provides that, beginning with the 2022-2023 school year, in any school district in which students are required to receive an immunization against COVID-19 in order to attend the schools of the district and a student is prohibited from attending school for refusal to receive immunization against COVID-19, the student's parent or guardian may request an educational voucher to be used to cover the necessary costs and fees of education at a nonpublic school or to cover the cost of non-resident tuition at a school district in which the student's parent or guardian enrolls the student due to the school district not having a COVID-19 immunization requirement. Provides that the voucher shall be in the amount of $5,000 for the school year and may come from the school district's allotment of evidence-based funding or in a credit against residential property taxes imposed under the Property Tax Code. Includes procedures for requesting the voucher, using the voucher, and responsibilities of the parent of the student and school district accepting the transferring student, including charging no more than the $5,000 provided for from the voucher. Provides that, for the 10-year period following full approval of a COVID-19 immunization by the United States Food and Drug Administration, a school district may require the children attending the schools of the district to receive a COVID-19 immunization that has been fully approved by the United States Food and Drug Administration; however, the Department of Public Health may not adopt any rules to require children to receive an immunization against COVID-19 during that same 10-year period. Includes requirements for school districts which require immunization. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-31 - Referred to Rules Committee [HB5432 Detail]

Download: Illinois-2021-HB5432-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5432

Introduced , by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.192 new
105 ILCS 5/10-20.12a from Ch. 122, par. 10-20.12a
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
410 ILCS 315/2f new

Amends the School Code and the Communicable Disease Prevention Act. Provides that, beginning with the 2022-2023 school year, in any school district in which students are required to receive an immunization against COVID-19 in order to attend the schools of the district and a student is prohibited from attending school for refusal to receive immunization against COVID-19, the student's parent or guardian may request an educational voucher to be used to cover the necessary costs and fees of education at a nonpublic school or to cover the cost of non-resident tuition at a school district in which the student's parent or guardian enrolls the student due to the school district not having a COVID-19 immunization requirement. Provides that the voucher shall be in the amount of $5,000 for the school year and may come from the school district's allotment of evidence-based funding or in a credit against residential property taxes imposed under the Property Tax Code. Includes procedures for requesting the voucher, using the voucher, and responsibilities of the parent of the student and school district accepting the transferring student, including charging no more than the $5,000 provided for from the voucher. Provides that, for the 10-year period following full approval of a COVID-19 immunization by the United States Food and Drug Administration, a school district may require the children attending the schools of the district to receive a COVID-19 immunization that has been fully approved by the United States Food and Drug Administration; however, the Department of Public Health may not adopt any rules to require children to receive an immunization against COVID-19 during that same 10-year period. Includes requirements for school districts which require immunization. Effective immediately.
LRB102 24088 CMG 33312 b

A BILL FOR

HB5432LRB102 24088 CMG 33312 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
510-20.12a and 27-8.1 and by adding Section 2-3.192 as follows:
6 (105 ILCS 5/2-3.192 new)
7 Sec. 2-3.192. Educational vouchers; COVID-19 immunization.
8 (a) In this Section, "necessary costs and fees" includes
9the customary charge for instruction and use of facilities in
10general and the additional fixed fees charged for specified
11purposes that are required generally of students at nonpublic
12schools for each academic year, including costs associated
13with student assessments.
14 (b) Beginning with the 2022-2023 school year, in any
15school district in which students are required to receive an
16immunization against COVID-19 in order to attend the schools
17of the district, if a student is prohibited from attending
18school for refusal to receive immunization against COVID-19,
19then the student's parent or guardian may request an
20educational voucher to be used to cover the necessary costs
21and fees of education at a nonpublic school or to cover the
22cost of non-resident tuition established under Section
2310-20.12a at a school district in which the student's parent

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1or guardian enrolls the student due to the school district not
2having a COVID-19 immunization requirement.
3 (c) A voucher issued under this Section shall be in the
4amount of $5,000 per student for the school year in which the
5COVID-19 immunization is required and the student is
6prohibited from attending the school. The parent or guardian
7may request the $5,000 voucher be expended from the school
8district's allotment of evidence-based funding under Section
918-8.15 of this Code or in a credit against residential
10property taxes imposed under the Property Tax Code for
11residential property owned by the parent or guardian and owed
12in the taxable year covering the school year in which the
13student is prohibited from attending the school. If the
14student's parent or guardian requests that the educational
15voucher be in the form of $5,000 from the school district's
16allotment of evidence-based funding, then the school district
17shall provide the voucher directly to the nonpublic school or
18other school district not requiring immunization against
19COVID-19 on behalf of the student. If the student's parent or
20guardian requests the educational voucher be in the form of a
21credit against the residential property taxes imposed on
22property owned by the parent or guardian, the parent or
23guardian shall inform the county collector as soon as
24practicable that the parent or guardian is requesting the
25credit be applied to their property tax bill in the taxable
26year in which they are requesting the credit.

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1 (d) The State Board of Education and the Department of
2Revenue shall adopt rules necessary to implement the
3provisions of this Section.
4 (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
5 Sec. 10-20.12a. Tuition for non-resident pupils.
6 (a) To charge non-resident pupils who attend the schools
7of the district tuition in an amount not exceeding 110% of the
8per capita cost of maintaining the schools of the district for
9the preceding school year.
10 Such per capita cost shall be computed by dividing the
11total cost of conducting and maintaining the schools of the
12district by the average daily attendance, including tuition
13pupils. Depreciation on the buildings and equipment of the
14schools of the district, and the amount of annual depreciation
15on such buildings and equipment shall be dependent upon the
16useful life of such property.
17 The tuition charged shall in no case exceed 110% of the per
18capita cost of conducting and maintaining the schools of the
19district attended, as determined with reference to the most
20recent audit prepared under Section 3-7 which is available at
21the commencement of the current school year. Non-resident
22pupils attending the schools of the district for less than the
23school term shall have their tuition apportioned, however
24pupils who become non-resident during a school term shall not
25be charged tuition for the remainder of the school term in

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1which they became non-resident pupils.
2 (b) Unless otherwise agreed to by the parties involved and
3where the educational services are not otherwise provided for,
4educational services for an Illinois student under the age of
521 (and not eligible for services pursuant to Article 14 of
6this Code) in any residential program shall be provided by the
7district in which the facility is located and financed as
8follows. The cost of educational services shall be paid by the
9district in which the student resides in an amount equal to the
10cost of providing educational services in the residential
11facility. Payments shall be made by the district of the
12student's residence and shall be made to the district wherein
13the facility is located no less than once per month unless
14otherwise agreed to by the parties.
15 The funding provision of this subsection (b) applies to
16all Illinois students under the age of 21 (and not eligible for
17services pursuant to Article 14 of this Code) receiving
18educational services in residential facilities, irrespective
19of whether the student was placed therein pursuant to this
20Code or the Juvenile Court Act of 1987 or by an Illinois public
21agency or a court. The changes to this subsection (b) made by
22this amendatory Act of the 95th General Assembly apply to all
23placements in effect on July 1, 2007 and all placements
24thereafter. For purposes of this subsection (b), a student's
25district of residence shall be determined in accordance with
26subsection (a) of Section 10-20.12b of this Code. The

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1placement of a student in a residential facility shall not
2affect the residency of the student. When a dispute arises
3over the determination of the district of residence under this
4subsection (b), any person or entity, including without
5limitation a school district or residential facility, may make
6a written request for a residency decision to the State
7Superintendent of Education, who, upon review of materials
8submitted and any other items or information he or she may
9request for submission, shall issue his or her decision in
10writing. The decision of the State Superintendent of Education
11is final.
12 (c) If a non-resident pupil enrolls in a school district
13using an educational voucher established in Section 2-3.192,
14the school district may not charge the non-resident pupil more
15than the $5,000 provided for from the educational voucher,
16regardless of the per capita cost calculated in subsection (a)
17of this Section. If the per capita cost is less than $5,000,
18the school district in which the non-resident pupil is
19enrolling in shall retain the remainder of the educational
20voucher provided by the school district in which the pupil was
21previously enrolled in.
22(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
23 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
24 Sec. 27-8.1. Health examinations and immunizations.
25 (1) In compliance with rules and regulations which the

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1Department of Public Health shall promulgate, and except as
2hereinafter provided, all children in Illinois shall have a
3health examination as follows: within one year prior to
4entering kindergarten or the first grade of any public,
5private, or parochial elementary school; upon entering the
6sixth and ninth grades of any public, private, or parochial
7school; prior to entrance into any public, private, or
8parochial nursery school; and, irrespective of grade,
9immediately prior to or upon entrance into any public,
10private, or parochial school or nursery school, each child
11shall present proof of having been examined in accordance with
12this Section and the rules and regulations promulgated
13hereunder. Any child who received a health examination within
14one year prior to entering the fifth grade for the 2007-2008
15school year is not required to receive an additional health
16examination in order to comply with the provisions of Public
17Act 95-422 when he or she attends school for the 2008-2009
18school year, unless the child is attending school for the
19first time as provided in this paragraph.
20 A tuberculosis skin test screening shall be included as a
21required part of each health examination included under this
22Section if the child resides in an area designated by the
23Department of Public Health as having a high incidence of
24tuberculosis. Additional health examinations of pupils,
25including eye examinations, may be required when deemed
26necessary by school authorities. Parents are encouraged to

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1have their children undergo eye examinations at the same
2points in time required for health examinations.
3 (1.5) In compliance with rules adopted by the Department
4of Public Health and except as otherwise provided in this
5Section, all children in kindergarten and the second, sixth,
6and ninth grades of any public, private, or parochial school
7shall have a dental examination. Each of these children shall
8present proof of having been examined by a dentist in
9accordance with this Section and rules adopted under this
10Section before May 15th of the school year. If a child in the
11second, sixth, or ninth grade fails to present proof by May
1215th, the school may hold the child's report card until one of
13the following occurs: (i) the child presents proof of a
14completed dental examination or (ii) the child presents proof
15that a dental examination will take place within 60 days after
16May 15th. A school may not withhold a child's report card
17during a school year in which the Governor has declared a
18disaster due to a public health emergency pursuant to Section
197 of the Illinois Emergency Management Agency Act. The
20Department of Public Health shall establish, by rule, a waiver
21for children who show an undue burden or a lack of access to a
22dentist. Each public, private, and parochial school must give
23notice of this dental examination requirement to the parents
24and guardians of students at least 60 days before May 15th of
25each school year.
26 (1.10) Except as otherwise provided in this Section, all

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1children enrolling in kindergarten in a public, private, or
2parochial school on or after January 1, 2008 (the effective
3date of Public Act 95-671) and any student enrolling for the
4first time in a public, private, or parochial school on or
5after January 1, 2008 (the effective date of Public Act
695-671) shall have an eye examination. Each of these children
7shall present proof of having been examined by a physician
8licensed to practice medicine in all of its branches or a
9licensed optometrist within the previous year, in accordance
10with this Section and rules adopted under this Section, before
11October 15th of the school year. If the child fails to present
12proof by October 15th, the school may hold the child's report
13card until one of the following occurs: (i) the child presents
14proof of a completed eye examination or (ii) the child
15presents proof that an eye examination will take place within
1660 days after October 15th. A school may not withhold a child's
17report card during a school year in which the Governor has
18declared a disaster due to a public health emergency pursuant
19to Section 7 of the Illinois Emergency Management Agency Act.
20The Department of Public Health shall establish, by rule, a
21waiver for children who show an undue burden or a lack of
22access to a physician licensed to practice medicine in all of
23its branches who provides eye examinations or to a licensed
24optometrist. Each public, private, and parochial school must
25give notice of this eye examination requirement to the parents
26and guardians of students in compliance with rules of the

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1Department of Public Health. Nothing in this Section shall be
2construed to allow a school to exclude a child from attending
3because of a parent's or guardian's failure to obtain an eye
4examination for the child.
5 (2) The Department of Public Health shall promulgate rules
6and regulations specifying the examinations and procedures
7that constitute a health examination, which shall include an
8age-appropriate developmental screening, an age-appropriate
9social and emotional screening, and the collection of data
10relating to asthma and obesity (including at a minimum, date
11of birth, gender, height, weight, blood pressure, and date of
12exam), and a dental examination and may recommend by rule that
13certain additional examinations be performed. The rules and
14regulations of the Department of Public Health shall specify
15that a tuberculosis skin test screening shall be included as a
16required part of each health examination included under this
17Section if the child resides in an area designated by the
18Department of Public Health as having a high incidence of
19tuberculosis. With respect to the developmental screening and
20the social and emotional screening, the Department of Public
21Health must, no later than January 1, 2019, develop rules and
22appropriate revisions to the Child Health Examination form in
23conjunction with a statewide organization representing school
24boards; a statewide organization representing pediatricians;
25statewide organizations representing individuals holding
26Illinois educator licenses with school support personnel

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1endorsements, including school social workers, school
2psychologists, and school nurses; a statewide organization
3representing children's mental health experts; a statewide
4organization representing school principals; the Director of
5Healthcare and Family Services or his or her designee, the
6State Superintendent of Education or his or her designee; and
7representatives of other appropriate State agencies and, at a
8minimum, must recommend the use of validated screening tools
9appropriate to the child's age or grade, and, with regard to
10the social and emotional screening, require recording only
11whether or not the screening was completed. The rules shall
12take into consideration the screening recommendations of the
13American Academy of Pediatrics and must be consistent with the
14State Board of Education's social and emotional learning
15standards. The Department of Public Health shall specify that
16a diabetes screening as defined by rule shall be included as a
17required part of each health examination. Diabetes testing is
18not required.
19 Physicians licensed to practice medicine in all of its
20branches, licensed advanced practice registered nurses, or
21licensed physician assistants shall be responsible for the
22performance of the health examinations, other than dental
23examinations, eye examinations, and vision and hearing
24screening, and shall sign all report forms required by
25subsection (4) of this Section that pertain to those portions
26of the health examination for which the physician, advanced

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1practice registered nurse, or physician assistant is
2responsible. If a registered nurse performs any part of a
3health examination, then a physician licensed to practice
4medicine in all of its branches must review and sign all
5required report forms. Licensed dentists shall perform all
6dental examinations and shall sign all report forms required
7by subsection (4) of this Section that pertain to the dental
8examinations. Physicians licensed to practice medicine in all
9its branches or licensed optometrists shall perform all eye
10examinations required by this Section and shall sign all
11report forms required by subsection (4) of this Section that
12pertain to the eye examination. For purposes of this Section,
13an eye examination shall at a minimum include history, visual
14acuity, subjective refraction to best visual acuity near and
15far, internal and external examination, and a glaucoma
16evaluation, as well as any other tests or observations that in
17the professional judgment of the doctor are necessary. Vision
18and hearing screening tests, which shall not be considered
19examinations as that term is used in this Section, shall be
20conducted in accordance with rules and regulations of the
21Department of Public Health, and by individuals whom the
22Department of Public Health has certified. In these rules and
23regulations, the Department of Public Health shall require
24that individuals conducting vision screening tests give a
25child's parent or guardian written notification, before the
26vision screening is conducted, that states, "Vision screening

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1is not a substitute for a complete eye and vision evaluation by
2an eye doctor. Your child is not required to undergo this
3vision screening if an optometrist or ophthalmologist has
4completed and signed a report form indicating that an
5examination has been administered within the previous 12
6months.".
7 (2.5) With respect to the developmental screening and the
8social and emotional screening portion of the health
9examination, each child may present proof of having been
10screened in accordance with this Section and the rules adopted
11under this Section before October 15th of the school year.
12With regard to the social and emotional screening only, the
13examining health care provider shall only record whether or
14not the screening was completed. If the child fails to present
15proof of the developmental screening or the social and
16emotional screening portions of the health examination by
17October 15th of the school year, qualified school support
18personnel may, with a parent's or guardian's consent, offer
19the developmental screening or the social and emotional
20screening to the child. Each public, private, and parochial
21school must give notice of the developmental screening and
22social and emotional screening requirements to the parents and
23guardians of students in compliance with the rules of the
24Department of Public Health. Nothing in this Section shall be
25construed to allow a school to exclude a child from attending
26because of a parent's or guardian's failure to obtain a

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1developmental screening or a social and emotional screening
2for the child. Once a developmental screening or a social and
3emotional screening is completed and proof has been presented
4to the school, the school may, with a parent's or guardian's
5consent, make available appropriate school personnel to work
6with the parent or guardian, the child, and the provider who
7signed the screening form to obtain any appropriate
8evaluations and services as indicated on the form and in other
9information and documentation provided by the parents,
10guardians, or provider.
11 (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1)
13of this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18 (3.5) For the 10-year period following full approval of a
19COVID-19 immunization by the United States Food and Drug
20Administration, a school district may require the children
21attending the schools of the district to receive a COVID-19
22immunization that has been fully approved by the United States
23Food and Drug Administration; however, the Department of
24Public Health may not adopt any rules to require children to
25receive an immunization against COVID-19 during that same
2610-year period. Prior to requiring any child enrolled in the

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1school district to receive an immunization against COVID-19,
2the school board of the school district shall confirm the
3findings of the United States Food and Drug Administration on
4the efficacy of the immunization that has been fully approved.
5If a school district does require immunization against
6COVID-19, the school district must consider a child's natural
7immunity against COVID-19 prior to requiring the child to
8receive an immunization. The child's parent or guardian may
9provide the school district with acceptable proof of natural
10immunity, including, but not limited to, laboratory evidence
11of immunity or proof of prior COVID-19 infection verified with
12date of illness signed by a physician licensed to practice
13medicine in all its branches in this State. If any child and
14his or her parent or guardian refuse to ensure the child is
15immunized against COVID-19, the school district shall provide
16appropriate accommodations to the child to ensure his or her
17education is not interrupted by the school district's
18requirement that the child be immunized against COVID-19. As
19used in this item (3.5), "appropriate accommodations"
20includes, but is not limited to, helping a parent or guardian
21receive an educational voucher established under Section
222-3.192 of this Code and working with the child and the child's
23parent or guardian to enroll in a school district that does not
24require immunization.
25 (4) The individuals conducting the health examination,
26dental examination, or eye examination shall record the fact

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1of having conducted the examination, and such additional
2information as required, including for a health examination
3data relating to asthma and obesity (including at a minimum,
4date of birth, gender, height, weight, blood pressure, and
5date of exam), on uniform forms which the Department of Public
6Health and the State Board of Education shall prescribe for
7statewide use. The examiner shall summarize on the report form
8any condition that he or she suspects indicates a need for
9special services, including for a health examination factors
10relating to asthma or obesity. The duty to summarize on the
11report form does not apply to social and emotional screenings.
12The confidentiality of the information and records relating to
13the developmental screening and the social and emotional
14screening shall be determined by the statutes, rules, and
15professional ethics governing the type of provider conducting
16the screening. The individuals confirming the administration
17of required immunizations shall record as indicated on the
18form that the immunizations were administered.
19 (5) If a child does not submit proof of having had either
20the health examination or the immunization as required, then
21the child shall be examined or receive the immunization, as
22the case may be, and present proof by October 15 of the current
23school year, or by an earlier date of the current school year
24established by a school district. To establish a date before
25October 15 of the current school year for the health
26examination or immunization as required, a school district

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1must give notice of the requirements of this Section 60 days
2prior to the earlier established date. If for medical reasons
3one or more of the required immunizations must be given after
4October 15 of the current school year, or after an earlier
5established date of the current school year, then the child
6shall present, by October 15, or by the earlier established
7date, a schedule for the administration of the immunizations
8and a statement of the medical reasons causing the delay, both
9the schedule and the statement being issued by the physician,
10advanced practice registered nurse, physician assistant,
11registered nurse, or local health department that will be
12responsible for administration of the remaining required
13immunizations. If a child does not comply by October 15, or by
14the earlier established date of the current school year, with
15the requirements of this subsection, then the local school
16authority shall exclude that child from school until such time
17as the child presents proof of having had the health
18examination as required and presents proof of having received
19those required immunizations which are medically possible to
20receive immediately. During a child's exclusion from school
21for noncompliance with this subsection, the child's parents or
22legal guardian shall be considered in violation of Section
2326-1 and subject to any penalty imposed by Section 26-10. This
24subsection (5) does not apply to dental examinations, eye
25examinations, and the developmental screening and the social
26and emotional screening portions of the health examination. If

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1the student is an out-of-state transfer student and does not
2have the proof required under this subsection (5) before
3October 15 of the current year or whatever date is set by the
4school district, then he or she may only attend classes (i) if
5he or she has proof that an appointment for the required
6vaccinations has been scheduled with a party authorized to
7submit proof of the required vaccinations. If the proof of
8vaccination required under this subsection (5) is not
9submitted within 30 days after the student is permitted to
10attend classes, then the student is not to be permitted to
11attend classes until proof of the vaccinations has been
12properly submitted. No school district or employee of a school
13district shall be held liable for any injury or illness to
14another person that results from admitting an out-of-state
15transfer student to class that has an appointment scheduled
16pursuant to this subsection (5).
17 (6) Every school shall report to the State Board of
18Education by November 15, in the manner which that agency
19shall require, the number of children who have received the
20necessary immunizations and the health examination (other than
21a dental examination or eye examination) as required,
22indicating, of those who have not received the immunizations
23and examination as required, the number of children who are
24exempt from health examination and immunization requirements
25on religious or medical grounds as provided in subsection (8).
26On or before December 1 of each year, every public school

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1district and registered nonpublic school shall make publicly
2available the immunization data they are required to submit to
3the State Board of Education by November 15. The immunization
4data made publicly available must be identical to the data the
5school district or school has reported to the State Board of
6Education.
7 Every school shall report to the State Board of Education
8by June 30, in the manner that the State Board requires, the
9number of children who have received the required dental
10examination, indicating, of those who have not received the
11required dental examination, the number of children who are
12exempt from the dental examination on religious grounds as
13provided in subsection (8) of this Section and the number of
14children who have received a waiver under subsection (1.5) of
15this Section.
16 Every school shall report to the State Board of Education
17by June 30, in the manner that the State Board requires, the
18number of children who have received the required eye
19examination, indicating, of those who have not received the
20required eye examination, the number of children who are
21exempt from the eye examination as provided in subsection (8)
22of this Section, the number of children who have received a
23waiver under subsection (1.10) of this Section, and the total
24number of children in noncompliance with the eye examination
25requirement.
26 The reported information under this subsection (6) shall

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1be provided to the Department of Public Health by the State
2Board of Education.
3 (7) Upon determining that the number of pupils who are
4required to be in compliance with subsection (5) of this
5Section is below 90% of the number of pupils enrolled in the
6school district, 10% of each State aid payment made pursuant
7to Section 18-8.05 or 18-8.15 to the school district for such
8year may be withheld by the State Board of Education until the
9number of students in compliance with subsection (5) is the
10applicable specified percentage or higher.
11 (8) Children of parents or legal guardians who object to
12health, dental, or eye examinations or any part thereof, to
13immunizations, or to vision and hearing screening tests on
14religious grounds shall not be required to undergo the
15examinations, tests, or immunizations to which they so object
16if such parents or legal guardians present to the appropriate
17local school authority a signed Certificate of Religious
18Exemption detailing the grounds for objection and the specific
19immunizations, tests, or examinations to which they object.
20The grounds for objection must set forth the specific
21religious belief that conflicts with the examination, test,
22immunization, or other medical intervention. The signed
23certificate shall also reflect the parent's or legal
24guardian's understanding of the school's exclusion policies in
25the case of a vaccine-preventable disease outbreak or
26exposure. The certificate must also be signed by the

HB5432- 20 -LRB102 24088 CMG 33312 b
1authorized examining health care provider responsible for the
2performance of the child's health examination confirming that
3the provider provided education to the parent or legal
4guardian on the benefits of immunization and the health risks
5to the student and to the community of the communicable
6diseases for which immunization is required in this State.
7However, the health care provider's signature on the
8certificate reflects only that education was provided and does
9not allow a health care provider grounds to determine a
10religious exemption. Those receiving immunizations required
11under this Code shall be provided with the relevant vaccine
12information statements that are required to be disseminated by
13the federal National Childhood Vaccine Injury Act of 1986,
14which may contain information on circumstances when a vaccine
15should not be administered, prior to administering a vaccine.
16A healthcare provider may consider including without
17limitation the nationally accepted recommendations from
18federal agencies such as the Advisory Committee on
19Immunization Practices, the information outlined in the
20relevant vaccine information statement, and vaccine package
21inserts, along with the healthcare provider's clinical
22judgment, to determine whether any child may be more
23susceptible to experiencing an adverse vaccine reaction than
24the general population, and, if so, the healthcare provider
25may exempt the child from an immunization or adopt an
26individualized immunization schedule. The Certificate of

HB5432- 21 -LRB102 24088 CMG 33312 b
1Religious Exemption shall be created by the Department of
2Public Health and shall be made available and used by parents
3and legal guardians by the beginning of the 2015-2016 school
4year. Parents or legal guardians must submit the Certificate
5of Religious Exemption to their local school authority prior
6to entering kindergarten, sixth grade, and ninth grade for
7each child for which they are requesting an exemption. The
8religious objection stated need not be directed by the tenets
9of an established religious organization. However, general
10philosophical or moral reluctance to allow physical
11examinations, eye examinations, immunizations, vision and
12hearing screenings, or dental examinations does not provide a
13sufficient basis for an exception to statutory requirements.
14The local school authority is responsible for determining if
15the content of the Certificate of Religious Exemption
16constitutes a valid religious objection. The local school
17authority shall inform the parent or legal guardian of
18exclusion procedures, in accordance with the Department's
19rules under Part 690 of Title 77 of the Illinois
20Administrative Code, at the time the objection is presented.
21 If the physical condition of the child is such that any one
22or more of the immunizing agents should not be administered,
23the examining physician, advanced practice registered nurse,
24or physician assistant responsible for the performance of the
25health examination shall endorse that fact upon the health
26examination form.

HB5432- 22 -LRB102 24088 CMG 33312 b
1 Exempting a child from the health, dental, or eye
2examination does not exempt the child from participation in
3the program of physical education training provided in
4Sections 27-5 through 27-7 of this Code.
5 (8.5) The school board of a school district shall include
6informational materials regarding influenza and influenza
7vaccinations and meningococcal disease and meningococcal
8vaccinations developed, provided, or approved by the
9Department of Public Health under Section 2310-700 of the
10Department of Public Health Powers and Duties Law of the Civil
11Administrative Code of Illinois when the board provides
12information on immunizations, infectious diseases,
13medications, or other school health issues to the parents or
14guardians of students.
15 (9) For the purposes of this Section, "nursery schools"
16means those nursery schools operated by elementary school
17systems or secondary level school units or institutions of
18higher learning.
19(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
20100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
218-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
22eff. 7-12-19; 101-643, eff. 6-18-20.)
23 Section 10. The Communicable Disease Prevention Act is
24amended by adding Section 2f as follows:

HB5432- 23 -LRB102 24088 CMG 33312 b
1 (410 ILCS 315/2f new)
2 Sec. 2f. COVID-19 vaccine. Notwithstanding Section 2 of
3this Act, for the 10-year period following full approval of a
4COVID-19 immunization by the United States Food and Drug
5Administration, a school district may require the children
6attending the schools of the district to receive a COVID-19
7immunization that has been fully approved by the United States
8Food and Drug Administration; however, the Department of
9Public Health may not adopt any rules to require children to
10receive an immunization against COVID-19 during that same
1110-year period.
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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