PROPOSED RULEMAKING
STATE BOARD
OF EDUCATION
[ 22 PA. CODE CH. 11 ]
Nonimmunized Children
[46 Pa.B. 1806]
[Saturday, April 9, 2016]The State Board of Education (Board) proposes to amend Chapter 11 (relating to student attendance) to read as set forth in Annex A. The Board is acting under the authority of sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. §§ 26-2603-B and 26-2604-B).
Purpose
Section 11.20 (relating to nonimmunized children) is proposed to be amended for clarity and for consistency with a proposed rulemaking of the Department of Health (Department) amending 28 Pa. Code Chapter 23, Subchapter C (relating to immunization). See 46 Pa.B. 1798 (April 9, 2016).
Background
Currently, a child in this Commonwealth may not be admitted or permitted to attend school unless the child has met the immunization requirements established by the Department, which also provide for medical or religious exemptions from immunizations. A child who has not received all doses of required immunizations may be provisionally admitted for up to 8 months. Provisional admission is contingent upon the child completing the remaining required immunization doses per a plan crafted for the child. Administrators at the child's school are responsible for reviewing the child's plan for receiving the necessary vaccinations every 60 days.
Summary of the Proposed Rulemaking
The proposed rulemaking makes clarifying amendments to § 11.20(a). The proposed amendments delete language that is duplicative to requirements established by the Department in 28 Pa. Code § 23.84 (relating to exemption from immunization) and maintain the requirement for students to comply with the immunization regulations established by the Department to be admitted or permitted to attend school. Further, the proposed amendments would allow a student who is unable to provide documentation of full immunization to attend a public, private, nonpublic, special education or vocational school under certain circumstances when the Secretary of Health issues a temporary waiver of the immunization requirements. The reference to a temporary waiver is proposed to be added for consistency with the Department's proposed rulemaking amending 28 Pa. Code Chapter 23, Subchapter C that would establish a temporary waiver to immunization requirements that could be issued by the Secretary of Health in the event of a Nationwide vaccine shortage or in the event of a disaster.
Existing § 11.20(b) is proposed to be deleted to eliminate duplication with requirements established by the Department in 28 Pa. Code Chapter 23, Subchapter C, which is currently cross-referenced in § 11.20(a).
Affected Parties
The proposed rulemaking would affect public, private, parochial and nonpublic schools, including vocational schools, intermediate units, and special education and home education programs, cyber and charter schools, and their employees. The proposed rulemaking also would affect citizens of this Commonwealth with school-aged children and their children.
Cost and Paperwork Estimates
The proposed rulemaking makes amendments for clarity and for consistency with the proposed rulemaking by the Department. The Board's proposed rulemaking does not establish new requirements that carry an additional cost or create new paperwork requirements for the regulated community.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
The Board will review the effectiveness of § 11.20 every 4 years in accordance with the Board's policy and practice respecting its regulations. Therefore, a sunset date is not necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on March 29, 2016, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comments and Contact Person
Interested persons and individuals affiliated with small businesses are invited to submit written comments, questions, suggestions, commendations, concerns or objections regarding this proposed rulemaking to Karen Molchanow, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126, ra-stateboardofed@pa.gov. Comments shall be submitted to the Board within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Karen Molchanow, (717) 787-3787 or TDD (717) 787-7367.
KAREN MOLCHANOW,
Executive DirectorFiscal Note: 6-336. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart A. MISCELLANEOUS PROVISIONS
CHAPTER 11. STUDENT ATTENDANCE
ADMISSION TO PUBLIC SCHOOLS § 11.20. Nonimmunized children.
(a) A child may not be admitted to or permitted to attend a public, private, nonpublic, special education or vocational school [in a district] unless the immunization, exemption, temporary waiver or provisional admission requirements of the Department of Health, at 28 Pa. Code Chapter 23, Subchapter C (relating to immunization), have been met [or the child has received from the chief school administrator of the public, private, nonpublic, special education or vocational school a medical or religious exemption from immunization under 28 Pa. Code § 23.84 (relating to exemption from immunization)].
[(b) A child who has not received all doses of the required immunizations or who has not been exempted from immunization, but who has received at least one dose of each of the required immunizations, may be provisionally admitted and attend public school for a period of up to 8 months. Provisional admission or continued attendance shall be conditioned upon the parent or guardian's submission to the superintendent of a plan for the student's completion of the required immunization doses. The plan shall be reviewed by the school district at least every 60 calendar days. If, after 8 months, the child has not received all doses of the required immunizations, the child thereafter may not be further admitted to or be permitted to attend the public schools until all doses have been received.
(c)] (b) A child who has been admitted to school or permitted attendance in violation of this section may not be counted toward receipt of Commonwealth reimbursement for the period of the admission or attendance.
[Pa.B. Doc. No. 16-595. Filed for public inspection April 8, 2016, 9:00 a.m.]
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