SENATE BILL 97082
BY SENATORS Wham, Alexander, Bishop, Chlouber, Hernandez, Hopper, Johnson, Martinez, Matsunaka, Pascoe, Phillips, Reeves, Tanner, Thiebaut, Wattenberg, and Weddig;
also REPRESENTATIVES Epps, Mace, Alexander, Bacon,
Hagedorn, Lawrence, Leyba, Nichol, Schwarz, Tupa, Udall, Veiga,
S. Williams, Young, and Zimmerman.
CONCERNING THE IMMUNIZATION OF CHILDREN PRIOR TO
SCHOOL ENTRY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 254902,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
254902. Immunization prior
to attending school. (1) Except
as provided in section 254903, no child shall attend
any school in the state of Colorado on or after the dates specified
in section 254906 (4) unless such
child can present one of HE OR SHE
HAS PRESENTED the following to the appropriate SCHOOL official:
of the school:
(a) A
AN UPTODATE certificate of immunization from a licensed
physician or authorized representative of the department of public
health and environment or local health department stating that
such child has received immunization against communicable diseases
as specified by the state board of health, based on recommendations
of the advisory committee on immunization practices of the United
States department of health and human services or the American
academy of pediatrics; OR
(b) A written authorization signed by
one parent or guardian or an authorization signed by the emancipated
child requesting that local health officials administer the immunizations.
or
(c) A plan
signed by one parent or guardian or the emancipated child demonstrating
that required immunizations for the child will begin or will be
resumed within thirty days from the date the plan was signed.
(2) IF THE STUDENT'S CERTIFICATE OF IMMUNIZATION
IS NOT UPTODATE ACCORDING TO THE REQUIREMENTS OF THE
STATE BOARD OF HEALTH, THE PARENT OR GUARDIAN OR THE EMANCIPATED
STUDENT OR THE STUDENT EIGHTEEN YEARS OF AGE OR OLDER SHALL SUBMIT
TO THE SCHOOL, WITHIN FOURTEEN DAYS AFTER RECEIVING DIRECT PERSONAL
NOTIFICATION THAT THE CERTIFICATE IS NOT UPTODATE,
DOCUMENTATION THAT THE NEXT REQUIRED IMMUNIZATION HAS BEEN GIVEN
AND A WRITTEN PLAN FOR COMPLETION OF ALL REQUIRED IMMUNIZATIONS.
THE SCHEDULING OF IMMUNIZATIONS IN THE WRITTEN PLAN SHALL FOLLOW
MEDICALLY RECOMMENDED MINIMUM INTERVALS APPROVED BY THE STATE
BOARD OF HEALTH. IF THE STUDENT BEGINS BUT DOES NOT CONTINUE OR
COMPLETE THE WRITTEN PLAN, HE OR SHE SHALL BE SUSPENDED OR EXPELLED
PURSUANT TO THIS PART 9.
SECTION 2. 254903,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
254903. Exemptions from
immunization. (1) A
student who transfers into a school may enter school provisionally
and shall have sixty days in which to submit a certificate of
immunization. Any student for whom a certificate of immunization
is not submitted within sixty days shall be suspended or expelled
from school until a certificate of immunization is provided. Any
student expelled pursuant to this part 9 shall not be included
in calculating the dropout rate for the school from which such
student was expelled or the school district in which such student
was enrolled prior to being expelled. Such student shall be included
in the annual report of the number of expelled students prepared
pursuant to section 2233105, C.R.S.
(2) IT IS THE RESPONSIBILITY OF THE PARENT
OR LEGAL GUARDIAN TO HAVE HIS OR HER CHILD IMMUNIZED UNLESS THE
CHILD IS EXEMPTED PURSUANT TO THIS SECTION. A student shall be
exempted from receiving the required immunizations IN THE FOLLOWING
MANNER:
(a) Upon
BY submitting TO THE STUDENT'S SCHOOL certification from a licensed
physician that the physical condition of the student is such that
one or more specified immunizations would endanger his OR HER
life or health or is medically contraindicated due to other medical
conditions; OR
(b) Upon
BY submitting TO THE STUDENT'S SCHOOL a statement OF EXEMPTION
signed by one parent or guardian or the emancipated student or
student eighteen years of age or older that the parent, guardian,
or student is an adherent to a religious belief whose teachings
are opposed to immunizations or that the parent or guardian or
the emancipated student or student eighteen years of age or older
has a personal belief that is opposed to immunizations.
(3) The state board of health may provide,
by regulation, for further exemptions to immunization based upon
sound medical practice.
(4) ALL INFORMATION DISTRIBUTED TO PARENTS
BY SCHOOL DISTRICTS REGARDING IMMUNIZATION SHALL INFORM THEM OF
THEIR RIGHTS UNDER SUBSECTION (2) OF THIS SECTION.
SECTION 3. 254907,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
254907. Noncompliance.
(1) A school official of each school shall suspend
or expel from school, pursuant to the provisions of section 2233105,
C.R.S., or the provisions established by the school official of
a college or university or private school, any student not otherwise
exempted under this part 9 who fails to comply with the provisions
of this part 9. No student shall be suspended or expelled for
failure to comply with the provisions of this part 9 unless there
has been a direct personal notification by the appropriate school
authority to the student's parent or guardian or to the emancipated
student or the student eighteen years of age or older of the noncompliance
with this part 9 and of such person's rights under sections 254902,
254902.5, and 254903.
(2) In the event of suspension or expulsion
of a student, school officials shall notify the state department
of public health and environment or local department of health.
An agent of said department shall then contact the parent or guardian
or the emancipated student or student eighteen years of age or
older in an effort to secure compliance with this part 9 in order
that the student may be reenrolled in school.
(3) ANY STUDENT EXPELLED FOR FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS PART 9 SHALL NOT BE INCLUDED
IN CALCULATING THE DROPOUT RATE FOR THE SCHOOL FROM WHICH SUCH
STUDENT WAS EXPELLED OR THE SCHOOL DISTRICT IN WHICH SUCH STUDENT
WAS ENROLLED PRIOR TO BEING EXPELLED. SUCH STUDENT SHALL BE INCLUDED
IN THE ANNUAL REPORT OF THE NUMBER OF EXPELLED STUDENTS PREPARED
PURSUANT TO SECTION 2233105, C.R.S.
SECTION 4. 2233105 (2.5),
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2233105. Suspension, expulsion,
and denial of admission. (2.5) Each
board of education shall annually report to the state board the
number of students expelled from schools within the district pursuant
to this section and pursuant to section 254903,
254907, C.R.S. Any pupil who is expelled pursuant
to this section shall not be included in calculating the dropout
rate for the school from which such student is expelled or in
calculating the dropout rate for the school district in which
such pupil was enrolled prior to being expelled.
SECTION 5. Effective date. This
act shall take effect July 1, 1997.
SECTION 6. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO