Christian UC: Vaccines

Wisconsin Immunization Requirements

Updated February 1994

Authority: Public Health, Wis. Stat. Ann. §140.05.16. Immunization of Students, Wis. Admin. Code §HSS 144.01 to .09.

General Rule: Any student admitted to any elementary, middle, junior or senior high school or into any day care center or nursery school shall, within 30 school days, present written evidence to the school, day care center or nursery school of having completed the first immunization for each vaccine required for the student's grade and being on schedule for the remainder of the basic and recall (booster) immunization series for the designated diseases. WSA §140.05.16.(b). The student, if an adult, or the student's parent, guardian or legal custodian shall keep the school informed of the student's compliance with the Immigration schedule. Failure to comply with this requirement authorizes the school to notify the district attorney immediately to seek a court order under par. (d). If the student fails to complete the immunization series within one year after being admitted to the school, the school shall notify the district attorney to seek a court order under par. (d).' WSA 140.05.16.(cm).

Penalty: The court may require an adult student or the parent, guardian or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25/day of violation. WSA140.05.16(d).

Exceptions: The immunization requirement is waived if the student, if an adult, or the student's parent, guardian or legal custodian submits a written statement to the school, day care center or nursery school objecting to the immunization for reasons of health, religion or personal conviction. WSA 140.05.16(c).

Reporting: By the 15th and the 25th school day after the student is admitted, the school shall notify in writing any adult student, parent or guardian who has not met the immunization or waiver requirements. The notices shall cite the terms of those requirements and shall state that court action and forfeiture penalty could result due to noncompliance. The notices shall also explain the reasons for the immunization requirements and include information on how and where to obtain immunization. WSA §140.05.16.(d) 1. No student may be excluded from public school under this subsection for more than 10 consecutive school days unless, prior to the llth, the school board provides the student and the student's parent, guardian or legal custodian with in additional notice, a hearing and the opportunity to appeal the exclusion, as provided under s. 120.13(l)(c).' WSA §140.05.16.(d) 2 d. The school, day care center or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under par. (c) within 60 school days after being admitted. WS,4 §140.05.16.(dm). The district attorney shall petition the court exercising jurisdiction under ch. 48 for an order directing that the student be in compliance with the requirements of this subsection. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under par. (c) or may specify terms of the immunization schedule.' WSA 140.05.16.(d).

Note: Substantive principles of professional medical conduct are not breached by a doctor's disclosure to public health authorities of information about the immunization status of his patients, as reflected in his records, without specific permission of the patients. Op. Any. Gen., Feb. 12, 1976.

Epidemic: If an emergency arises, consisting of a substantial outbreak as determined by the department by rule of one of the, designated diseases, at a school or in the municipality in which the school is located, the department may order the school to exclude students who are immunized until the outbreak subsides.' WSA 140.05.16.(e).

Definitions: WAC §HSS 144.02. School--any public or private elementary, middle, junior or senior high school, which provides educational instruction to students in any grade K through 12, or in an ungraded educational setting, or to preschool children enrolled in early childhood programs. Written evidence of immunization--a record of at least the month and year that each required dose of vaccine was administered or the results of a laboratory test indicating immunity to the disease. Students who have not previously attended a Wisconsin school and who enter after the 1980-81 school year must provide the month, day and year for each required dose of vaccine.

Designated Diseases: Mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough) and poliomyelitis. WSA §140.05.16.(a).

Responsibility of Parents: The parent of any minor student or the student, if an adult, shall secure the immunizations required under s. 140.05 (16), Stats., from available medical sources such as physicians, hospitals or public health agencies, or shall submit the waiver from WAC §HSS 144.02.

~ top of page ~