California
Immunization Requirements
Updated
July 1998
Authority: HEALTH AND SAFETY
CODE §120340. Conditional admission to school
General Rule:
A person who has not been fully immunized against one or more of the
diseases listed in Section 120335 may be admitted by the governing authority
on condition that within time periods designated by regulation of the
department he or she presents evidence that he or she has been fully
immunized against all of these diseases.
The governing board of each
respective school district, will not admit to "private or public
elementary or secondary school, child care center, day nursery, nursery
school, family day care home, or development center" pupils who
have not been fully immunized against the designated diseases. Health
& Safety 3381. Students not fully-immunized may be temporarily admitted
if full compliance is met within the time frames set by the health department.
Health & Safety 3382.
Documentation:
Documentation to the individual are provided by the organization furnishing
the immunization. Health & Safety 3387. The governing board of each
public or private school district will keep and periodically review
student's immunization records. Health & Safety 3389.
Exemptions:
There are three exemptions to the general rule.
1) Any person 18 years or
older, or those seeking admission to a community college. Health and
Safety 3384.
2) If the parent or guardian
files with the governing board of the respective school district "a
letter or affidavit stating that such immunization is contrary to his
or her beliefs." "However, whenever there is good cause to
believe that such person has been exposed" to a communicable diseases
"that person may be temporarily excluded from" school. Health
& Safety 3385.
3) If the parent or guardian
files with the governing board a statement by a licensed physician who
believes that the immunization wouldn’t be safe for the person,
along with the nature, duration and contraindications of the medical
condition. Health & Safety 3386.
Designated Diseases:
Diphtheria, pertussis, tetanus, poliomyelitis, measles and mumps. Additionally,
any other disease consistent with recommendations by the United States
Public Health Service, will require immunizations. Health & Safety
3380(a). (Immunization from Rubella was effectively eliminated. Health
& Safety 3381.) Tuberculosis is added under Health & Safety
3400. A "contrary to his or her beliefs" exemption is allowed
under Health & Safety 3406.
Severe Reaction Immunity:
"No person shall be liable for any injury caused. .. in the administration
of a vaccine. .. to a minor. .. if such immunization is required by
state law, and the administration did not "constitute willful misconduct
or gross negligence." Health & Safety 429.36. If a severe reaction
occurs within 30 days of the immunization, medical expenses may be reimbursed
by the state department up to $25,000. Health & Safety 429.35.
Strategy:
All parents who do not want their children to receive immunization/s
can simply file an "against beliefs" letter with the school
district.
History:
Former S 3380, added by Stats.1961, c. 837, p. 2117, S 1, amended by
Stats.1962, 1st Ex.Sess., c. 26, p. 206, S 1; Stats.1965, c. 86, p.
1027, S 1; Stats.1965, c. 890, p. 2494, S 1; Stats.1968, c. 323, p.
700, S 2; Stats.1971, c. 705, p. 1364, S 1; Stats.1971, c. 1593, p.
3276, S 175; Stats.1973, c. 142, p. 397, S 37.
Former S 3382, added by Stats.1977,
c. 1176, S 2.
Former S 3400, added by Stats.1967,
c. 1021, p. 2613, S 1, amended by Stats.1971, c. 705, p. 1365, S 6;
Stats.1971, c. 1593, p. 3277, S 178; Stats.1973, c. 142, p. 398, S 38.
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