Mount Calm ISD School Health Advisory Council: Barbara Lane, Principal Spring Cornish, School Nurse Joy Hayes, Health Education, Teacher David Timmons, Head Coach Sue Bass, Dietician Paul and Leslie Pick, Parent and Community Volunteers Don and Heather Laseter, Parent and Community Volunteers Immunization Program Upon a student’s enrollment in the district, the student has 30 days from the date of enrollment to provide immunization records to the district for that scholastic year. The district must admit the student and allow 30 days for the student to provide immunization records or proof that the child has begun immunizations and is receiving them as rapidly as medically feasible as provided in TEC §38.001. If the district does not receive complete immunization records or proof that immunizations have begun within 30 days of enrollment, then the district may withdraw the student. EDUCATION CODE
CHAPTER 38. HEALTH AND SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
§ 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS. (a)
Each student shall be fully immunized against diphtheria, rubeola,
rubella, mumps, tetanus, and poliomyelitis, except as provided by
Subsection (c).
(b) Subject to Subsection (c), the Texas Board of Health may
modify or delete any of the immunizations in Subsection (a) or may
require immunizations against additional diseases as a requirement
for admission to any elementary or secondary school.
(c) Immunization is not required for a person's admission to
any elementary or secondary school if the person applying for
admission:
(1) submits to the admitting official:
(A) an affidavit or a certificate signed by a
physician who is duly registered and licensed to practice medicine
in the United States, in which it is stated that, in the physician's
opinion, the immunization required poses a significant risk to the
health and well-being of the applicant or any member of the
applicant's family or household; or
(B) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
applicant declines immunization for reasons of conscience,
including a religious belief; or
(2) is a member of the armed forces of the United
States and is on active duty.
(c-1) An affidavit submitted under Section (c)(1)(B) must
be on a form described by Section 161.0041, Health and Safety Code,
and must be submitted to the admitting official not later than the
90th day after the date the affidavit is notarized.
(d) The Texas Department of Health shall provide the
required immunization to children in areas where no local provision
exists to provide those services.
(e) A person may be provisionally admitted to an elementary
or secondary school if the person has begun the required
immunizations and if the person continues to receive the necessary
immunizations as rapidly as is medically feasible. The Texas
Department of Health shall adopt rules relating to the provisional
admission of persons to an elementary or secondary school.
(f) A person who has not received the immunizations required
by this section for reasons of conscience, including because of the
person's religious beliefs, may be excluded from school in times of
emergency or epidemic declared by the commissioner of public
health.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 198, § 2.160, eff. Sept. 1,
2003.
§ 38.002. IMMUNIZATION RECORDS; REPORTING. (a) Each
public school shall keep an individual immunization record during
the period of attendance for each student admitted. The records
shall be open for inspection at all reasonable times by the Texas
Education Agency or by representatives of local health departments
or the Texas Department of Health.
(b) Each public school shall cooperate in transferring
students' immunization records to other schools. Specific approval
from students, parents, or guardians is not required before
transferring those records.
(c) The Texas Education Agency and the Texas Department of
Health shall develop the form for a required annual report of the
immunization status of students. The report shall be submitted by
all schools at the time and in the manner indicated in the
instructions printed on the form.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
| Texas Administrative Code
TITLE 25
HEALTH SERVICES
PART 1
DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 97
COMMUNICABLE DISEASES
SUBCHAPTER B
IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION
RULE §97.63 Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education
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Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the following immunization schedule.
(1) In accordance with the Department of State Health Services Immunization Schedule as informed by the Advisory Committee on Immunization Practices' (ACIP) recommendations and adopted by the Executive Commissioner of the Health and Human Services Commission and published in the Texas Register annually, for all vaccines herein, vaccine doses administered less than or equal to four days before the minimum interval or age shall be counted as valid.
(2) A child or student shall show acceptable evidence of vaccination prior to entry, attendance, or transfer to a child-care facility or public or private elementary or secondary school, or institution of higher education.
(A) Children enrolled in child-care facilities, pre-kindergarten, or early childhood programs shall have the following immunizations: Age-appropriate vaccination against diphtheria, pertussis, tetanus, poliomyelitis, Haemophilus influenzae type b, measles, mumps, rubella, hepatitis B, hepatitis A, invasive pneumococcal, and varicella diseases in accordance with the Department of State Health Services Immunization Schedule as informed by the Advisory Committee on Immunization Practices' (ACIP) recommendations and adopted by the Executive Commissioner of the Health and Human Services Commission and published in the Texas Register annually. A copy of the current schedule is available at www.ImmunizeTexas.com or by mail to the Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.
(B) Students in kindergarten through twelfth grade shall have the following vaccines.
(i) Poliomyelitis.
(I) Upon entry into kindergarten, students are required to have four doses of polio vaccine one of which must have been received on or after the fourth birthday. Or, if the third dose was administered on or after the fourth birthday only three doses are required. If any combination of four doses of OPV and IPV was received before four years of age no additional dose is required.
(II) Polio vaccine is not required for persons eighteen years of age or older.
(ii) Diphtheria/Tetanus/Pertussis.
(I) Upon entry into kindergarten, students are required to have five doses of a diphtheria-tetanus-pertussis containing vaccine one of which must have been received on or after the fourth birthday. Or, if the fourth dose was administered on or after the fourth birthday, only four doses are required.
(II) Students seven years of age or older are required to have at least three doses of a tetanus-diphtheria containing vaccine, provided at least one dose was administered on or after the fourth birthday. Any combination of three doses of a tetanus-diphtheria containing vaccine will meet this requirement.
(III) One dose of a tetanus-diptheria containing vaccine is required within the last ten years.
(IV) Children who were enrolled in school, grades K-12, prior to August 1, 2004, and who received a booster dose of DTaP or polio vaccine in the calendar month of or prior to their fourth birthday, shall be considered in compliance with clause (i)(I) (polio) and clause (ii)(I) (DTaP) of this subparagraph.
(iii) Measles. Two doses of measles-containing vaccine are required. The first dose shall be administered on or after the first birthday.
(iv) Rubella. One dose of rubella vaccine received on or after the first birthday is required.
(v) Mumps. One dose of mumps vaccine received on or after the first birthday is required.
(vi) Hepatitis B.
(I) Three doses of hepatitis B vaccine are required for the following grades for the following school years:
(-a-) 2004-2005 for kindergarten through fifth grade and seventh through tenth grade;
(-b-) 2005-2006 for kindergarten through eleventh grade; and
(-c-) thereafter, beginning in school year 2006-2007, for all students in grades kindergarten through twelfth grade.
(II) In some circumstances, the United States Food and Drug Administration may approve the use of an alternative dosage schedule for an existing vaccine. These alternative regimens may be used to meet this requirement only when alternative regimens are fully documented. Such documentation must include vaccine manufacturer and dosage received for each dose of that vaccine.
(vii) Varicella. One dose of varicella vaccine received on or after the first birthday is required for the following grades for the following school years:
(I) 2004-2005 for kindergarten through fourth grade and seventh through tenth grade;
(II) 2005-2006 for kindergarten through fifth grade and seventh through eleventh grade; and
(III) thereafter, beginning in school year 2006-2007, for all students in grades kindergarten through twelfth grade. Two doses are required if the child was thirteen years old or older at the time the first dose of varicella vaccine was received.
(viii) Hepatitis A. Upon entry into kindergarten through third grade, two doses of hepatitis A vaccine are required for students attending a school located in a high incidence geographic area as designated by the department. The first dose shall be administered on or after the second birthday. A list of geographic areas for which hepatitis A is mandated shall be published in the Texas Register on an annual basis and is available at www.ImmunizeTexas.com, or by mail request at Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.
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Source Note: The provisions of this §97.63 adopted to be effective April 1, 2004, 29 TexReg 3188; amended to be effective December 10, 2006, 31 TexReg 9835
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