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TITLE 48. K-20 EDUCATION CODE
CHAPTER 1002. STUDENT AND PARENTAL
RIGHTS AND EDUCATIONAL CHOICES
PART II. STUDENT AND PARENTAL RIGHTS
Fla. Stat. §
1002.20 (2007)
§ 1002.20. K-12
student and parent rights
K-12 students and their parents are afforded numerous statutory
rights including, but not limited to, the following:
(3) HEALTH ISSUES.
(a) School-entry health examinations. --The
parent of any child attending a public or private school shall
be exempt from the requirement of a health examination upon written
request stating objections on religious grounds in accordance
with the provisions of s. 1003.22(1) and (2).
(b) Immunizations. --The parent of any child attending a public
or private school shall be exempt from the school immunization
requirements upon meeting any of the exemptions in accordance
with the provisions of s. 1003.22(5).
TITLE 48. K-20 EDUCATION CODE
CHAPTER 1003. PUBLIC K-12 EDUCATION
PART II. SCHOOL ATTENDANCE
Fla. Stat. § 1003.22 (2007)
§ 1003.22. School-entry
health examinations; immunization against communicable diseases;
exemptions; duties of Department of Health
(1) Each district school board and the governing authority of each
private school shall require that each child who is entitled to
admittance to kindergarten, or is entitled to any other initial
entrance into a public or private school in this state, present
a certification of a school-entry health examination performed within
1 year prior to enrollment in school. Each district school board,
and the governing authority of each private school, may establish
a policy that permits a student up to 30 school days to present
a certification of a school-entry health examination. A homeless
child, as defined in s. 1003.01, shall be given a temporary exemption
for 30 school days. Any district school board that establishes such
a policy shall include provisions in its local school health services
plan to assist students in obtaining the health examinations. However,
any child shall be exempt from the requirement of a health examination
upon written request of the parent of the child stating objections
to the examination on religious grounds.
(2) The State Board of Education, subject to
the concurrence of the Department of Health, shall adopt rules to
govern medical examinations and immunizations performed under this
section.
(3) The Department of Health may adopt rules
necessary to administer and enforce this section. The Department
of Health, after consultation with the Department of Education,
shall adopt rules governing the immunization of children against,
the testing for, and the control of preventable communicable diseases.
The rules must include procedures for exempting a child from immunization
requirements. Immunizations shall be required for poliomyelitis,
diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other
communicable diseases as determined by rules of the Department of
Health. The manner and frequency of administration of the immunization
or testing shall conform to recognized standards of medical practice.
The Department of Health shall supervise and secure the enforcement
of the required immunization. Immunizations required by this section
shall be available at no cost from the county health departments.
(4) Each district school board and the governing
authority of each private school shall establish and enforce as
policy that, prior to admittance to or attendance in a public or
private school, grades kindergarten through 12, or any other initial
entrance into a Florida public or private school, each child present
or have on file with the school a certification of immunization
for the prevention of those communicable diseases for which immunization
is required by the Department of Health and further shall provide
for appropriate screening of its students for scoliosis at the proper
age. Such certification shall be made on forms approved and provided
by the Department of Health and shall become a part of each student's
permanent record, to be transferred when the student transfers,
is promoted, or changes schools. The transfer of such immunization
certification by Florida public schools shall be accomplished using
the Florida Automated System for Transferring Education Records
and shall be deemed to meet the requirements of this section.
(5) The provisions of this section shall not
apply if:
(a) The parent of the child objects in writing
that the administration of immunizing agents conflicts with his
or her religious tenets or practices;
(b) A physician licensed under the provisions of chapter 458 or
chapter 459 certifies in writing, on a form approved and provided
by the Department of Health, that the child should be permanently
exempt from the required immunization for medical reasons stated
in writing, based upon valid clinical reasoning or evidence, demonstrating
the need for the permanent exemption;
(c) A physician licensed under the provisions of chapter 458,
chapter 459, or chapter 460 certifies in writing, on a form approved
and provided by the Department of Health, that the child has received
as many immunizations as are medically indicated at the time and
is in the process of completing necessary immunizations;
(d) The Department of Health determines that, according to recognized
standards of medical practice, any required immunization is unnecessary
or hazardous; or
(e) An authorized school official issues a temporary exemption,
for a period not to exceed 30 school days, to permit a student
who transfers into a new county to attend class until his or her
records can be obtained. A homeless child, as defined in s. 1003.01,
shall be given a temporary exemption for 30 school days. The public
school health nurse or authorized private school official is responsible
for follow up of each such student until proper documentation
or immunizations are obtained. An exemption for 30 days may be
issued for a student who enters a juvenile justice program to
permit the student to attend class until his or her records can
be obtained or until the immunizations can be obtained. An authorized
juvenile justice official is responsible for follow up of each
student who enters a juvenile justice program until proper documentation
or immunizations are obtained.
(6)
(a) No person licensed by this state as a
physician or nurse shall be liable for any injury caused by his
or her action or failure to act in the administration of a vaccine
or other immunizing agent pursuant to the provisions of this section
if the person acts as a reasonably prudent person with similar
professional training would have acted under the same or similar
circumstances.
(b) No member of a district school board, or any of its employees,
or member of a governing board of a private school, or any of
its employees, shall be liable for any injury caused by the administration
of a vaccine to any student who is required to be so immunized
or for a failure to diagnose scoliosis pursuant to the provisions
of this section.
(7) The parents of any child admitted to or in
attendance at a Florida public or private school, grades kindergarten
through 12, are responsible for assuring that the child is in compliance
with the provisions of this section.
(8) Each public school, including public kindergarten,
and each private school, including private kindergarten, shall be
required to provide to the county health department director or
administrator annual reports of compliance with the provisions of
this section. Reports shall be completed on forms provided by the
Department of Health for each kindergarten, and other grade as specified;
and the reports shall include the status of children who were admitted
at the beginning of the school year. After consultation with the
Department of Education, the Department of Health shall establish
by administrative rule the dates for submission of these reports,
the grades for which the reports shall be required, and the forms
to be used.
(9) The presence of any of the communicable diseases
for which immunization is required by the Department of Health in
a Florida public or private school shall permit the county health
department director or administrator or the State Health Officer
to declare a communicable disease emergency. The declaration of
such emergency shall mandate that all students in attendance in
the school who are not in compliance with the provisions of this
section be identified by the district school board or by the governing
authority of the private school; and the school health and immunization
records of such children shall be made available to the county health
department director or administrator. Those children identified
as not being immunized against the disease for which the emergency
has been declared shall be temporarily excluded from school by the
district school board, or the governing authority of the private
school, until such time as is specified by the county health department
director or administrator.
(10) Each district school board and the governing
authority of each private school shall:
(a) Refuse admittance to any child otherwise
entitled to admittance to kindergarten, or any other initial entrance
into a Florida public or private school, who is not in compliance
with the provisions of subsection (4).
(b) Temporarily exclude from attendance any student who is not
in compliance with the provisions of subsection (4).
(11) The provisions of this section do not apply
to those persons admitted to or attending adult education classes
unless the adult students are under 21 years of age.
Fl. Admin Code § 64D-3.046 (2007)
64D-3.046 Immunization Requirements:
Public and Nonpublic Schools, Grades Preschool, Kindergarten Through
12, and Adult Education Classes.
(1)
(a) Immunization and Documentation Requirements
-
(b) A student may attend a public or non-public
school, grades preschool through 12 or an adult education class
if younger than 21, if prior to admittance, attendance or transfer,
they present one of the following for inspection for validity
by an authorized school official:
1. DH Form 680, Florida Certification of
Immunization (January 2007), incorporated by reference, available
from Department of Health (DOH) county health departments (CHDs)
or physicians' offices.
2. Documentation of receipt of or exemption from must be noted
for the following immunizations: diphtheria, tetanus, pertussis,
poliomyelitis, measles (rubeola), rubella, mumps, varicella
and hepatitis B. The manner and frequency of administration
of the immunizations shall conform to recognized standards of
medical practice.
(2) Specific immunization requirements by grade,
in addition to those in paragraph (1)(a), which must be documented
prior to admittance, attendance or transfer:
(a) Preschool - Completion of Haemophilus
influenzae type b vaccination.
(b) Preschool or kindergarten effective with the 2001/2002 school
year - completion of varicella vaccination. Each subsequent year
thereafter the next highest grade will be included in the requirement
so that students transferring into Florida schools are added to
the varicella immunized
cohort.
1. 7th Grade - Completion of a tetanus-diphtheria
booster.
2. Additional Documentation Requirements for Exemptions.
3. For exemption from the rubeola immunization the practitioner
must include with DH Form 680, Florida Certification of Immunization,
incorporated by reference in subsection 64D-3.046(1), F.A.C.,
documentation on their own stationery of the physician's request
for exemption, asserting that the student had an illness comprised
of a generalized rash lasting three or more days, a fever of
101 degrees Fahrenheit or greater, a cough, and/or coryza, and/or
conjunctivitis and, in the physician's opinion, has had the
ten-day measles (rubeola) or serologic evidence of immunity
to measles.
(c) Forms are to be fully executed by a practitioner
licensed under Chapters 458, 459, 460, F.S., or their authorized
representative (where permitted in the particular certification)
per instructions for the appropriate school year as provided in
DH Form 150-615, Immunization Guidelines- Florida Schools, Child
Care Facilities and Family Day Care Homes (March 2007), incorporated
by reference, available online at: www.doh.state.fl.us/disease_ctrl/immune/schoolguide.pdf.
(d) Florida SHOTS (State Health Online Tracking System) ElectronicallyCertified
DH Form 680 produced by a CHD or a physician's office, as provided
in (7), may be utilized.
(e) DH Form 681, Religious Exemptions for Immunizations (English/Spanish/Haitian-Creole)
(February 2002), incorporated by reference, available at DOH CHDs,
must be issued and signed by the local county health department
medical director or designee.
(f) Otherwise, required immunizations not performed must be accounted
for under the Temporary or Permanent Medical Exemptions, DH Form
680, Florida Certification of Immunization, Parts B and C, incorporated
by reference in subsection 64D-3.046(1), F.A.C.
(3) Documentation Requirements for Schools:
(a) The original of the form(s) required under
paragraph (1)(a) shall remain in the student's cumulative health
record.
(b) Antigen doses by dates of immunization shall be transferred
as data elements through the Florida Automated System for Transferring
Education Records (FASTER).
(c) Compliance Reporting:
1. Each public and nonpublic school with
a kindergarten and/or seventh grade shall submit an annual compliance
report. The report shall be completed on DH Form 684, Immunization
Annual Report of Compliance for Kindergarten and Seventh Grade
(January 2007), incorporated by reference, available at DOH
CHDs. The report shall include the immunization status of all
children who were attending kindergarten and seventh grades
at the beginning of the school year. The report shall be forwarded
to the CHD director/administrator no later than October 1 of
each school year where the data will be compiled on DH Form
685, Kindergarten and Seventh Grade Annual Report of Compliance
County Summary (November 2006), incorporated by reference, available
at DOH CHDs; or electronically generated by the Department of
Education.
2. After consultation with the Department of Education, the
Department of Health shall require compliance reports from public
and nonpublic schools and preschools for selected grades (K-12
and preschool) in special situations of vaccine preventable
disease outbreak control or identified need for monitoring through
surveys for immunization compliance levels. Such reports shall
include the status of all children who were attending school
at the beginning of the school year. Reports shall be forwarded
to the CHD director/administrator within a specified period,
as determined by the DOH.
(4) Homeless, Transfers and Juvenile Justice
- A temporary exemption to requirements of subsection (2) above
not to exceed 30 days may be issued by an authorized school official
for any of the following, consistent with the definitions in Section
1003.01, F.S.:
(a) A homeless child.
(b) A transfer student.
(c) A student who enters a juvenile justice education program
or school.
(5) Notwithstanding subsection (2), the Department
may:
(a) Designate any required immunization as
unnecessary or hazardous, according to recognized standards of
medical practice.
(b) Upon determination that a shortage of vaccine exists, approve
issuance of temporary medical exemption with extended expiration
dates by practitioners or authorized school officials until such
time as, in the DOH's opinion, vaccine will be available in sufficient
quantity for such deferred vaccinations to be completed.
(6) Florida SHOTS (State Health Online Tracking
System) Opt Out Provision - Parents or guardians may elect to decline
participation in the Florida immunization registry, Florida SHOTS,
by submitting a Florida SHOTS Notification and Opt Out Form to the
DOH. The form, either a DH Form 1478 (English) or DH Form 1478S
(Spanish) or DH Form 1478H (Haitian-Creole), incorporated by reference,
is available from the DOH, Bureau of Immunization, 4052 Bald Cypress
Way, Bin # A-11, Tallahassee, FL 32399-1719. The immunization records
of children whose parents choose to opt-out will not be shared with
other entities that are allowed by law to have access to the child's
immunization record via authorized access to Florida SHOTS.
(7) Florida SHOTS Private Provider Participation
- Any health care practitioner licensed in Florida under Chapter
458, 459 or 464, F.S., may request authorization to access Florida
SHOTS by filling out a DH Form 1479, Authorized Private Provider
User Agreement for Access to Florida SHOTS (January 2007), incorporated
by reference, available from the DOH Bureau of Immunization, 4052
Bald Cypress Way, Bin # A-11, Tallahassee, FL 32399-1719. The DH
Form 1479 will be returned to the Department of Health for processing
and authorization to access Florida SHOTS. Notification of access
approval and instructions for accessing Florida SHOTS will be provided
by the DOH. The authorized user and the applicable licensing authority
or agency shall notify the DOH, Bureau of Immunization Florida SHOTS
personnel when an authorized user's license or registration has
expired or has been suspended or revoked.
(8) Florida SHOTS School and Licensed or Registered
Child Care Facility Participation - Any public or nonpublic school,
or licensed or registered child care facility may request authorization
to access Florida SHOTS by completing a DH Form 2115, Authorized
School and Licensed or Registered Child Care Facility User Agreement
for Access to Florida SHOTS (January 2007), incorporated by reference,
available from the DOH, Bureau of Immunization, 4052 Bald Cypress
Way, Bin # A-11, Tallahassee, FL 32399-1719. The DH Form 2115 will
be returned to the DOH for processing and authorization to access
Florida SHOTS. Notification of access approval and instructions
for accessing Florida SHOTS will be provided by the DOH. The authorized
user and the applicable licensing authority or agency shall notify
the DOH, Bureau of Immunization Florida SHOTS personnel when an
authorized user's license or registration has expired or has been
suspended or revoked
TITLE 29. PUBLIC HEALTH
CHAPTER 402. HEALTH AND HUMAN SERVICES: MISC. PROVISIONS
Fla. Stat. § 402.395 (2007)
402.305 Licensing standards; child care
facilities.--
(9) ADMISSIONS AND RECORDKEEPING.--
(a) Minimum standards shall include requirements
for preadmission and periodic health examinations, requirements
for immunizations, and requirements for maintaining emergency
information and health records on all children.
(b) Because of the nature and duration of drop-in child care,
requirements for preadmission and periodic health examinations
and requirements for medically signed records of immunization
required for child care facilities shall not apply. A parent of
a child in drop-in child care shall, however, be required to attest
to the child's health condition and the type and current status
of the child's immunizations.
(c) Any child shall be exempt from medical or physical examination
or medical or surgical treatment upon written request of the parent
or guardian of such child who objects to the examination and treatment.
However, the laws, rules, and regulations relating to contagious
or communicable diseases and sanitary matters shall not be violated
because of any exemption from or variation of the health and immunization
minimum standards.
Fl. Admin Code § 65C-22.006 (2007)
65C-22.006 Record Keeping.
(1) General Requirements.
(a) Records required to document compliance
with Section 402.305, F.S., and rules adopted thereunder, shall
be maintained at the facility and available during the hours of
operation for review by the licensing authority.
(b) A copy of all background screening documents for the director
and owner must be included in the department's official licensing
file.
(c) Copies of required records are acceptable for documentation.
Original documents are the property of the party providing the
information.
(2) Children's Health Requirements.
(a) The child care facility is responsible
for obtaining for each child in care a current, complete and properly
executed Student Health Examination form DH 3040 (June 2002),
which is ncorporatated herein by reference, from the parent or
legal guardian or a signed statement by authorized professionals
that indicates the results of the components of the Student Health
Examination form are included in the health examination. The Student
Health Examination shall be completed by a person given statutory
authority to perform health examinations.
(b) The Student Health Examination or the signed statement is
valid for two (2) years from the date the physical was performed.
An up-to-date version must be on file for as long as the child
is enrolled at the facility.
(c) The child care facility if responsible for obtaining for each
child in care a current, complete and properly executed Florida
Certification of Immunization form Part A-1, B, or C, DH 680 (July
2001), or Religious Exemption from Immunization form, DH 681 (May
1999), which are incorporated herein by reference, from the custodial
parent or legal guardian. DH Form 680 and DH Form 681 may be obtained
from the local county health department. Immunizations received
out-of-state are acceptable, however, immunizations must be documented
on the Florida Certification of Immunization form and must be
signed by a physician practicing in the State of Florida. Specific
immunization requirements are included and detailed in the most
current edition of the "Immunization Guidelines-Florida Schools,
Child Care Facilities and Family Day Care Homes" as promulgated
by the Florida Department of Health.
(d) If the custodial parents or legal guardians fail to provide
the documentation required in sub-paragraphs (a) or (c) above
within 30 days of enrollment, the facility shall not allow the
child to remain in the program.
(e) School-aged children attending public or non-public schools
are not required to have student health examination and immunization
records on file at the child care facility as such records are
on file at the school where the child is enrolled.
(f) If the custodial parents or legal guardians need assistance
concerning these requirements, the facility shall refer them to
the Department of Health or to the child's physician.
(g) Medical records in this section are the property of the custodial
parent or legal guardian and must be returned to them when the
child withdraws from the facility. The medical records are transferable
if the child attends another facility.
TITLE 48. K-20 EDUCATION CODE
CHAPTER 1006. SUPPORT FOR LEARNING
PART II. PUBLIC POSTSECONDARY EDUCATION SUPPORT FOR LEARNING AND
STUDENT
SERVICES
Fla. Stat. § 1006.69 (2007)
1006.69 Vaccination against meningococcal
meningitis and hepatitis B.--
(1) A postsecondary educational institution shall
provide detailed information concerning the risks associated with
meningococcal meningitis and hepatitis B and the availability, effectiveness,
and known contraindications of any required or recommended vaccine
to every student, or to the student's parent if the student is a
minor, who has been accepted for admission.
(2) An individual enrolled in a p ostsecondary
educational institution who will be residing in on-campus housing
shall provide documentation of vaccinations against meningococcal
meningitis and hepatitis B unless the individual, if the individual
is 18 years of age or older, or the individual's parent, if the
individual is a minor, declines the vaccinations by signing a separate
waiver for each of these vaccines, provided by the institution,
acknowledging receipt and review of the information provided.
(3) This section does not require any postsecondary
educational institution to provide or pay for vaccinations against
meningococcal meningitis and hepatitis B.
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