Ohio Immunization
Requirements
Updated
January 1994
Authority: Ohio Rev. Code Ann. 3313.67,
671.
General Rule:
The board of education of each city, exempted village, or local school
district may make and enforce such rules to secure the imminization
of, and to prevent the spread of communicable diseases among the pupils
attending or eligible to attend the schools of the district, as in its
opinion the safety and interest of the public require.' ORC 3313.67(A).
Except as otherwise provided,
no pupil shall be permitted to remain in school for more than 14 days
unless he presents satisfactory written evidence, that he has been immunized
against the designated diseases, ORC 3313.67.1(A).
The general assembly under
ORC 3313.67. I. has not preempted the field of requiring vaccination
or immunization for school pupils but has only promulgated a minimum
requirement while specifically authorizing local school districts to
continue to make and enforce rules or regulations to secure vaccination
or immitni7Ation of their pupils, a power which they already had. 1959
OAG No. 890.
Exceptions:
ORC 3313.67.1(A)(1) to (4).
1) A pupil who has had natural
rubeola or mumps, and presents a signed statement from his parent or
physician to that effect, is not required to be immunized against the
respective disease.
2) A pupil who presents a
written statement of his parent or guardian in which they object to
the immunization for good cause, including religious convictions, is
not required to be immunized.
3) A child whose doctor certifies
that such immunization is medically contraindicated is not required
to be immunized. A school board cannot be required, because of written
objection by his parent or guardian, to admit a child to school who
has not been immunized. State ex rel. Mack v. Board of Education, 204
NE2d 86 (1963).
Reporting:
ORC 3313.67(B), (C).
The board shall keep an immunization
record for each pupil, available in writing to the pupil's parent or
guardian upon request, which shall include:
1) Immunizations against
the designated diseases.
2) Any tuberculin tests
given.
3) Any other immunizations
required by the board pursuant to ORC 3313.71.
Annually, by the 15th of
October, the board shall report a summary, by school, of the immunization
records of all initial entry pupils in the district to the director
of health.
Designated Diseases:
Mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella.
ORC 3313.67.1(A).
Responsibility of
Parents: A parent who sends his child to a public school and
is willing to continue so to do, but the child is excluded for failure
to comply with a rule of the board of education requiring vaccination,
is not liable to conviction under the compulsory eduction act. State
v. Turney, 12 CC(NS) 33, 21 CD 222 (1909).
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