25-4-902. Immunization prior to attending school - standardized immunization information.

Statute text

(1) A student shall not attend any school in the state of Colorado on or after the dates specified in section 25-4-906 (4) unless he or she has presented one of the following to the appropriate school official:

(a) An up-to-date certificate of immunization from a licensed physician, physician assistant authorized pursuant to section 12-240-107 (6), advanced practice registered nurse, or authorized representative of the department of public health and environment or a local public health agency stating that the student 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 centers for disease control and prevention in the federal department of health and human services; or

(b) A written authorization signed by one parent or legal guardian, an emancipated student, or a student eighteen years of age or older requesting that local public health officials administer the immunizations; or

(c) A certificate of medical exemption, a certificate of completion of the online education module, or a certificate of nonmedical exemption in compliance with section 25-4-903. A certificate of medical exemption, a certificate of completion of the online education module, or a certificate of nonmedical exemption is only valid if completed in compliance with section 25-4-903.

(1.5) A student is not required to comply with subsection (1) of this section if the student is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5; except that:

(a) A school district may require compliance with subsection (1) of this section pursuant to section 22-33-104.5 (3)(g); and

(b) (I) A school district may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends a school of the school district for a portion of the school day;

(II) An institute charter school may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends the institute charter school for a portion of the school day; or

(III) A private school may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends the private school for a portion of the school day.

(2) If the student's certificate of immunization is not up-to-date 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 up-to-date, 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.

(3) Notwithstanding the provisions of subsection (1) of this section, a school shall enroll a student who is in out-of-home placement within five school days after receiving the student's education information and records as required in section 22-32-138, C.R.S., regardless of whether the school has received the items specified in subsection (1) of this section. Upon enrolling the student, the school shall notify the student's legal guardian that, unless the school receives the student's certificate of immunization or a written authorization for administration of immunizations within fourteen days after the student enrolls, the school shall suspend the student until such time as the school receives the certificate of immunization or the authorization.

(4) (a) On or before January 15, 2021, the department of public health and environment shall develop and provide to the department of education and the department of human services a standardized document regarding childhood immunizations. The department of education and the department of human services shall post the standardized immunization document on their websites on or before January 31, 2021, and on or before January 31 each year thereafter. The standardized document must be updated annually and must include, but need not be limited to:

(I) A list of the immunizations required for enrollment in a school and the age at which the immunization is required;

(II) A list of immunizations currently recommended for children by the advisory committee on immunization practices of the centers for disease control and prevention in the federal department of health and human services and the recommended age at which each immunization should be given;

(III) A place on the document where a school can include the school's specific immunization and exemption rates for the measles, mumps, and rubella vaccine and for every other vaccine for the school's enrolled student population for the prior school year compared to the vaccinated children standard described in section 25-4-911; and

(IV) A statement that the school is required to collect and report the information pursuant to this subsection (4)(a) and that the school does not control the school's specific immunization and exemption rates or establish the vaccinated children standard described in section 25-4-911.

(b) On or before February 15, 2021, and on or before February 15 each year thereafter, a school shall include on the document the school's specific immunization and exemption rates for the measles, mumps, and rubella vaccine for the school's enrolled student population for the prior school year compared to the vaccinated children standard described in section 25-4-911. The school may include on the document the school's specific immunization and exemption rates for any other vaccine for the school's enrolled student population for the prior school year. The school shall directly distribute the document to the parent or legal guardian of each student enrolled in its school, emancipated students, or students eighteen years of age or older, consistent with section 25-4-903 (5).

(5) The document created pursuant to subsection (4) of this section shall comply with the provisions of section 25-4-903 (4) regarding allowable exemptions from required immunizations.

(6) Notwithstanding any provision of law to the contrary, a school district that is exercising its authority pursuant to section 22-33-104.5 (3)(g) or an independent school organized pursuant to section 22-33-104 (2)(b) where students are enrolled but do not attend is entitled to only:

(a) A student's immunization records, as provided by the parent or legal guardian; or

(b) A statement signed by a parent or legal guardian that the student is exempt from immunization.

History

Source: L. 78: Entire part R&RE, p. 427, 1, effective April 4. L. 94: Entire section amended, p. 2766, 448, effective July 1. L. 95: Entire section amended, p. 916, 14, effective May 25. L. 97: Entire section amended, p. 408, 1, effective July 1. L. 2008: (3) added, p. 472, 4, effective April 17; (1)(a) amended, p. 132, 15, effective January 1, 2009. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2094, 96, effective August 11; (4) and (5) added, (SB 10-056), ch. 50, p. 192, 5, effective August 11. L. 2016: (1) amended, (HB 16-1425), ch. 308, p. 1239, 2, effective June 10. L. 2020: (1) and (4) amended and (1.5) and (6) added, (SB 20-163), ch. 134, p. 580, 3, effective June 26.

Annotations

Editor's note: This section is similar to former 25-4-902 as it existed prior to 1978.

Annotations

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act enacting subsection (3), see section 1 of chapter 147, Session Laws of Colorado 2008. For the legislative declaration in SB 20-163, see section 1 of chapter 134, Session Laws of Colorado 2020.