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DE Info
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 1. DEPARTMENT OF EDUCATION
SUBCHAPTER II. POWERS AND DUTIES
14 Del. C. § 131 (2007)
§ 131. Public
school enrollees' immunization program; exemptions
(a) The Department shall from time to time, with advice from the
Division of Public Health, adopt and promulgate rules and regulations
to establish an immunization program to protect pupils enrolled
in public schools from certain diseases. Such rules and regulations
shall include at least the following:
(1) The designation of a basic series of immunizations
to be administered according to these rules;
(2) The requirement that all persons enrolling
in the public schools at any age or level as authorized by this
title shall have:
a. Been immunized according to the required
program prior to the time of enrollment in the Delaware schools;
b. Begun the series of immunizations not
later than the time of enrollment to be completed within a reasonable
time as prescribed by the Department in relation to the particular
immunization involved; or
c. Presented written documentation of any
claim of prior immunization in the form of a statement from
the immunizing physician or agency or such other form as may
from time to time be approved by regulation of the Department;
(3) Provision that persons seeking to be enrollees
of the public school who have not been immunized or do not meet
the requirements for immunization within the time prescribed shall
be denied further attendance in the public schools;
(4) Provision for written notification of
the parent, or legal guardian of an enrollee, of a pending exclusion;
(5) Provision for exemption from any or all
of the immunization program prescribed for a particular enrollee
upon a written statement from a physician, i.e., medical doctor
or doctor of osteopathy, stating that the enrollee should not
receive the prescribed immunization or immunizations required
in the basic series because of the reasonable certainty of a reaction
detrimental to that person. A history of clinical illness of measles
or rubella shall not be accepted as cause for exemption;
(6) Provision for exemption from the immunization
program for an enrollee whose parents or legal guardian, because
of individual religious beliefs, reject the concept of immunization.
Such a request for exemption shall be supported by the affidavit
herein set forth:
AFFIDAVIT OF RELIGIOUS BELIEF
STATE OF DELAWARE
.................. COUNTY
1. (I) (We) (am) (are) the (parent(s)) (legal guardian(s)) of
..............................................................................
Name of Child
2. (I) (We) hereby (swear) (affirm) that (I) (we) subscribe
to a belief in a relation to a Supreme Being involving duties
superior to those arising from any human relation.
3. (I) (We) further (swear) (affirm) that our belief is sincere
and
meaningful and occupies a place in (my) (our) life parallel
to hat filled by the orthodox belief in God.
4. This belief is not a political, sociological or philosophical
view of a merely personal moral code.
5. This belief causes (me) (us) to request an exemption from
the mandatory school vaccination program for......................................
Name of Child
...................................................
Signature of Parent(s) or Legal Guardian(s)
SWORN TO AND SUBSCRIBED before me, a registered Notary Public,
this .......... day of ............, 198..... ..............................................(Seal)
Notary Public
My commission expires:
...................................................
(7) Provision that, in the event that the
Division of Public Health of the Department of Health and Social
Services of the State declares that there is throughout the State
or in a particular definable region of the State an epidemic of
a vaccine preventable disease, any child who is enrolled in a
public school and who has been exempt from the immunization program
for any of the causes authorized herein shall be temporarily excluded
from attendance at the public school. Rules and regulations of
the Department shall provide that in the event of such temporary
exclusion, it will be the responsibility of the school and the
parents or legal guardian of the enrollee to assist him or her
in keeping up with his or her school work and that no academic
penalty shall be suffered by the enrollee upon return to school
if the student has maintained his or her relationship with the
school through the assignments prescribed. An enrollee so temporarily
excluded shall be authorized to return to school upon the lifting
by the Division of Public Health of the epidemic declaration;
(8) Provision that in any situation where
the parents or legal guardian of the enrollee states that he or
she has been immunized, but that the record has been lost or destroyed
by the provider of the immunizations, the following procedure
may be carried out by that responsible person and shall be accepted
by the local school district board of education or its designee
in lieu of compliance with the immunization requirement:
a. The responsible person, or the school
nurse, shall sign a statement that the record of the enrollee's
immunization has been lost; and
b. The responsible person shall be responsible
for the enrollee obtaining 1 dose of each of the vaccines prescribed
in the basic series of immunization;
(9) Provision for an enrollee who has reached
the statutory age of majority set by laws for the State to be
responsible for his or her immunization program and for execution
of the request for religious exemption herein authorized;
(10) Provision that it shall be the responsibility
of each Delaware public school district to administer, or prescribe
a designee to administer, rules and regulations herein authorized
and promulgated by the Department of Education.
(b) Appeals from the decision of the Department
rendered pursuant to this section shall be to the Superior Court
and shall be made in the same manner as is provided by the Superior
Court Civil Rules for appeals from commissions, boards and agencies.
Such appeal shall be on the record before the Department.
TITLE 14. EDUCATION
800 HEALTH AND SAFETY
804 IMMUNIZATIONS
14 DE Admin. Code 804
1.0 Definition
"School Enterer" means any child between
birth and twenty (20) years inclusive entering or being admitted
to a Delaware school district for the first time, including but
not limited to, foreign exchange students, immigrants, students
from other states and territories and children entering from nonpublic
schools.
2.0 Minimum Immunizations Required for
All School Enterers
2.1 All School Enterers shall have immunizations
given up to four days prior to the minimum interval or age and shall
include:
2.1.1 Four or more doses of diphtheria, tetanus,
pertussis (DTaP, DTP, or other approved vaccine) or a combination
of these vaccines. A booster dose of Td or Tdap (adult) is recommended
by the Division of Public Health for all students at age 11 or
five years after the last DTaP, DTP or DT dose was administered
whichever is later. Notwithstanding this requirement:
2.1.1.1 A child who received a fourth dose
prior to his or her fourth birthday shall have a fifth dose;
2.1.1.2 A child who received the first dose
of Td (adult) at or after age seven may meet this requirement
with only three doses of Td or Tdap (adult).
2.1.2 Three or more doses of inactivated polio
virus (IPV), oral polio vaccine (OPV), or a combination of these
vaccines with the following exception: a child who received a
third dose prior to the fourth birthday shall have a fourth dose.
2.1.3 Two doses of measles, mumps and rubella
(MMR) vaccine. The first dose should be administered on or after
the age of 12 months. The second dose should be administered after
the fourth birthday. Individual combination vaccines of measles,
mumps, rubella (MMR) may be used to meet this requirement.
2.1.3.1 Disease histories for measles, rubella
and mumps shall not be accepted unless serologically confirmed.
2.1.4 Three doses of Hepatitis B vaccine.
2.1.4.1 For children 11 to 15 years old age,
two doses of a vaccine approved by the Center for Disease Control
(CDC) may be used.
2.1.4.2 Titers are not acceptable in lieu of
completing the vaccine series and a disease history for Hepatitis
B shall not be accepted unless serologically confirmed.
2.1.5 Varicella vaccine is required beginning
in the 2003-2004 school year with kindergarten. One grade shall
be added each year thereafter so that by the 2015-2016 school
year all children in grades kindergarten through 12 shall have
received the vaccination. Beginning in the 2008-2009 school year
new enterers into the affected grades shall be required to have
two doses of the Varicella vaccine. The first dose shall be administered
on or after the age of twelve (12) months and the second at kindergarten
entry into a Delaware public school. A written disease history,
provided by the health care provider, parent, legal guardian,
Relative Caregiver or School Enterer who has reached the statutory
age of majority (18), 14 Del.C. §131(a)(9), will be accepted
in lieu of the Varicella vaccination. Beginning in the 2008-2009
school year, a disease history for the Varicella vaccination must
be verified by a health care provider to be exempted from the
vaccination.
2.2 Children who enter school prior to age four
(4) shall follow current Delaware Division of Public Health recommendations.
3.0 Certification of Immunization
3.1 The parent, legal guardian, Relative Caregiver
or a School Enterer who has reached the statutory age of majority
(18), 14 Del.C. §131(a)(9), shall present a certificate specifying
the month, day, and year that the immunizations were administered
by a licensed health care practitioner.
3.2 According to 14 Del.C. §131, a principal
or person in charge of a school shall not permit a child to enter
into school without acceptable evidence of immunization. The parent,
legal guardian, Relative Caregiver or a School Enterer who has reached
the statutory age of majority (18), 14 Del.C. §131(a)(9), shall
be notified of this requirement in writing. Within 14 calendar days
after notification, evidence must be presented to the school that
the basic series of immunizations has been initiated or has been
completed.
3.3 A school enterer may be conditionally admitted
to a Delaware school district by presenting a statement from a licensed
health care practitioner who specifies that the School Enterer has
received at least:
3.3.1 One dose of DTaP, or DTP, or DT; and
3.3.2 One dose of IPV or OPV; and
3.3.3 One dose of measles, mumps and rubella
(MMR) vaccine; and
3.3.4 The first dose of the Hepatitis B series;
and
3.3.5 One dose of Varicella vaccine as per
2.5.
3.4 14 DE Admin. Code 901 Education of Homeless
Children and Youth 6.0 states that "School districts shall
ensure that policies concerning immunization, guardianship and birth
certificates do not create barriers to the school enrollment of
homeless children and youth." To that end, school districts
shall as stated in 14 DE Admin. Code "assist homeless children
and youth in meeting the immunization requirements".
3.5 If the school enterer fails to complete the
series of required immunizations the parent, legal guardian, Relative
Caregiver or a school enterer who has reached the statutory age
of majority (18), 14 Del.C. §131(a)(9), shall be notified that
the School Enterer will be excluded according to 14 Del.C. §131.
4.0 Lost or Destroyed Immunization Record
When a student's immunization record has been
lost or destroyed by the medical provider who administered the vaccine,
the parent, legal guardian, Relative Caregiver or a school enterer
who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9),shall
sign a written statement to this effect and must obtain at least
one dose of each of the immunizations as identified in 3.3. Evidence
that the vaccines were administered shall be presented to the superintendent
or his or her designee.
5.0 Exemption from Immunization
5.1 Exemption from this requirement may be granted
in accordance with 14 Del.C. §131 which permits approved medical
and notarized religious exemptions.
5.2 Alternative dosages or immunization schedules
may be accepted with the written approval of the Delaware Division
of Public Health.
6.0 Verification of School Records
The Delaware Division of Public Health shall
have the right to audit and verify school immunization records to
determine compliance with the law.
7.0 Documentation
7.1 School nurses shall record and maintain documentation
of each student's immunization status.
7.2 Each student's immunization record shall
be included in the Delaware Immunization Registry.
TITLE 16. HEALTH AND SOCIAL SERVICES
4000. DIVISION OF PUBLIC HEALTH
4200. HEALTH PROMOTION AND DISEASE PREVENTION
4202. CONTROL OF COMMUNICABLE AND OTHER DISEASE CONDITIONS
16 DE Admin. Code 4202
7.0 Control of Specific Contagious Diseases
7.1 Vaccine Preventable Diseases
7.1.1 All preschool children who are enrolled
in a child care facility must be age-appropriately vaccinated against
diseases prescribed by the Division Director. For those diseases
so prescribed, the most current recommendations of the federal Center's
for Disease Control and Prevention's Advisory Committee on Immunization
Practices' (ACIP) shall determine the vaccines and vaccination schedules
acceptable for compliance with this regulation.
7.1.2 Any child entering private school must
be age-appropriately vaccinated against diseases prescribed by the
Division Director, prior to enrolling in school. For those diseases
so prescribed, the most current recommendations of the federal Center's
for Disease Control and Prevention's Advisory Committee on Immunization
Practices' (ACIP) shall determine the vaccines and vaccination schedules
acceptable for compliance with this regulation. This provision pertains
to all children between the ages of 2 months and 21 years entering
or being admitted to a Delaware private school for the first time
including, but not limited to, foreign exchange students, immigrants,
students from other states and territories and children entering
from public schools.
7.1.3 Acceptable documentation of the receipt
of immunization as required by Sections 7.1.1 - 7.1.2 shall include
either a medical record signed by a physician, or a valid immunization
record issued by the State of Delaware or another State, which specifies
the vaccine given and the date of administration.
7.1.4 Immunization requirements pursuant to sections
7.1.1 - 7.1.2 shall be waived for:
7.1.4.1 children whose physicians have submitted,
in writing, that a specific immunizing agent would be detrimental
to that child; and,
7.1.4.2 children whose parents or guardians
present a notarized document that immunization is against their
religious beliefs.
7.1.5 Child care facilities and private schools
(grades K-12) shall maintain on file an immunization record for
each child. The facility will also be responsible to report to the
Division Director or designee on an annual basis the immunization
status of its enrollees.
7.1.6 Parents whose children present immunization
records which show that immunizations are lacking will be allowed
l4 days (or such time as may be appropriate for a particular vaccination)
to complete the required age-appropriate doses of vaccine for their
children. In instances where more than l4 days will be necessary
to complete the age-appropriate immunization schedule, an extension
may be allowed in order to obtain the required immunizations. Extension
of the 14-day allowance because of missed appointments to receive
needed immunizations shall not be permitted.
7.1.7 When a child's records are lost and the
parent states that the child has completed his/her series of immunizations,
or a child has been refused admission or continued attendance at
a child care facility or private school for lack of acceptable evidence
of immunization as specified in this regulation, a written certification
must be provided by a health care provider who has administered
the necessary age-appropriate immunizations to the child according
to the current ACIP immunization schedule.
7.1.8 It is the responsibility of the child care
facility or private school to exclude a child prior to admission
or from continued attendance who has failed to document required
immunizations pursuant to this section.
7.1.9 Upon the occurrence of a case or suspect
case of one of the vaccine preventable diseases specified in pursuant
to sections 7.1.1 and 7.1.2, any child not immunized against that
disease shall be excluded from the premises, until the Division
Director or designee has determined that the disease risk to the
unimmunized child has passed. Such exclusion shall apply to all
those in the facility who are admitted under either medical or religious
exemption as well as to those previously admitted who have not yet
received vaccine against the disease which has occurred. If, in
the judgment of the Division Director or designee, the continued
operation of the facility presents a risk of the spread of disease
to the public at large, he/she shall have the authority to close
the facility until the risk of disease occurrence has passed.
7.1.10 All full-time students of post-secondary
educational institutions and all full and part-time students in
such educational institutions if engaged in patient-care related
curriculums (included but not limited to nursing, dentistry and
medical laboratory technology), shall be required to show evidence
of immunity to measles, rubella and mumps prior to enrollment
by the following criteria:
7.1.10.1 Measles immunity:
7.1.10.1.1 persons born before January 1,
1957; or
7.1.10.1.2 physician documented history of
measles disease; or
7.1.10.1.3 serological confirmation of measles
immunity; or
7.1.10.1.4 a documented receipt from a physician
or health facility that two doses of measles vaccine were administered
after 12 months of age.
7.1.10.2 Rubella immunity:
7.1.10.2.1 persons born before January 1,
1957; except women who could become pregnant; or
7.1.10.2.2 laboratory evidence of antibodies
to rubella virus; or
7.1.10.2.3 a documented receipt from a physician
or health facility that rubella vaccine was administered on
or after 12 months of age.
7.1.10.3 Mumps immunity:
7.1.10.3.1 persons born before January 1,
1957; or
7.1.10.3.2 physician diagnosed history of
mumps disease; or
7.1.10.3.3 laboratory evidence of immunity;
or
7.1.10.3.4 a documented receipt from a physician
or health facility that mumps vaccine was administered on or
after 12 months of age.
7.1.11 Immunization requirements pursuant to
section 6.1.10 shall be waived
for:
7.1.11.1 A student whose licensed physician
certifies that such immunization
may be detrimental to the student's health;
7.1.11.2 A student who presents a notarized
document that immunization is against their religious beliefs.
7.1.12 The student health service, the admissions
office and the office of the university or college registrar are
jointly responsible for implementing Section 7.1.10 through notification
of immunization requirements, the collection and verification of
documented vaccine histories, identification and notification of
students not in compliance and imposition of sanctions for non-compliance.
7.1.13 Students who can not show evidence of
immunity to measles pursuant to 6.1.10 and who cannot show documented
receipt of ever having received measles vaccine shall be permitted
to enroll on the condition that 2 doses be administered within 45
days or at the resolution of an existing medical contraindication.
Students who cannot show evidence of immunity to rubella and/or
mumps or who have had only 1 dose of measles vaccine shall be permitted
to enroll on the condition that measles, mumps and rubella immunizations
be obtained within 14 days or at the resolution of an existing medical
contraindication. However, in implementing these requirements, doses
of a measles containing vaccine shall not be given closer than 28
days apart.
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