2006 Code of Virginia § 22.1-271.2 - Immunization requirements

22.1-271.2. Immunization requirements.

A. No student shall be admitted by a school unless at the time of admissionthe student or his parent submits documentary proof of immunization to theadmitting official of the school or unless the student is exempted fromimmunization pursuant to subsection C or is a homeless child or youth asdefined in subdivision 6 of 22.1-3. If a student does not have documentaryproof of immunization, the school shall notify the student or his parent (i)that it has no documentary proof of immunization for the student; (ii) thatit may not admit the student without proof unless the student is exemptedpursuant to subsection C, including any homeless child or youth as defined insubdivision 6 of 22.1-3; (iii) that the student may be immunized andreceive certification by a licensed physician, registered nurse or anemployee of a local health department; and (iv) how to contact the localhealth department to learn where and when it performs these services. Neitherthis Commonwealth nor any school or admitting official shall be liable indamages to any person for complying with this section.

Any physician, registered nurse or local health department employeeperforming immunizations shall provide to any person who has been immunizedor to his parent, upon request, documentary proof of immunizations conformingwith the requirements of this section.

B. Any student whose immunizations are incomplete may be admittedconditionally if that student provides documentary proof at the time ofenrollment of having received at least one dose of the required immunizationsaccompanied by a schedule for completion of the required doses within 90 days.

The immunization record of each student admitted conditionally shall bereviewed periodically until the required immunizations have been received.

Any student admitted conditionally and who fails to comply with his schedulefor completion of the required immunizations shall be excluded from schooluntil his immunizations are resumed.

C. No certificate of immunization shall be required for the admission toschool of any student if (i) the student or his parent submits an affidavitto the admitting official stating that the administration of immunizingagents conflicts with the student's religious tenets or practices; or (ii)the school has written certification from a licensed physician or a localhealth department that one or more of the required immunizations may bedetrimental to the student's health, indicating the specific nature andprobable duration of the medical condition or circumstance thatcontraindicates immunization.

However, if a student is a homeless child or youth as defined in subdivision6 of 22.1-3 and (a) does not have documentary proof of necessaryimmunizations or has incomplete immunizations and (b) is not exempted fromimmunization pursuant to clauses (i) or (ii) of this subsection, the schooldivision shall immediately admit such student and shall immediately refer thestudent to the local school division liaison, as described in the federalMcKinney-Vento Homeless Education Assistance Improvements Act of 2001, asamended (42 U.S.C. 11431 et seq.) (the Act), who shall assist in obtainingthe documentary proof of, or completing, immunization and other servicesrequired by such Act.

D. The admitting official of a school shall exclude from the school anystudent for whom he does not have documentary proof of immunization or noticeof exemption pursuant to subsection C, including notice that such student isa homeless child or youth as defined in subdivision 6 of 22.1-3.

E. Every school shall record each student's immunizations on the schoolimmunization record. The school immunization record shall be a standardizedform provided by the State Department of Health, which shall be a part of themandatory permanent student record. Such record shall be open to inspectionby officials of the State Department of Health and the local healthdepartments.

The school immunization record shall be transferred by the school wheneverthe school transfers any student's permanent academic or scholastic records.

Within 30 calendar days after the beginning of each school year or entranceof a student, each admitting official shall file a report with the localhealth department. The report shall be filed on forms prepared by the StateDepartment of Health and shall state the number of students admitted toschool with documentary proof of immunization, the number of students whohave been admitted with a medical or religious exemption and the number ofstudents who have been conditionally admitted, including those students whoare homeless children or youths as defined in subdivision 6 of 22.1-3.

F. The requirement for Haemophilus Influenzae Type b immunization as providedin 32.1-46 shall not apply to any child admitted to any grade level,kindergarten through grade 12.

G. The Board of Health shall promulgate rules and regulations for theimplementation of this section in congruence with rules and regulations ofthe Board of Health promulgated under 32.1-46 and in cooperation with theBoard of Education.

(1982, c. 510; 1983, c. 433; 1988, c. 216; 1989, c. 382; 2000, c. 476; 2004,c. 500.)