House File 247 - Introduced HOUSE FILE 247 BY SHIPLEY A BILL FOR An Act prohibiting the required immunization of children prior 1 to enrollment in a licensed child care center or elementary 2 or secondary school in Iowa and providing for a repeal. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2182YH (4) 89 pf/rh

H.F. 247 Section 1. NEW SECTION . 139A.7A Required immunization 1 prohibited —— elementary and secondary schools —— licensed child 2 care centers. 3 1. A parent or legal guardian shall not be required 4 to assure that the person’s minor children residing in 5 the state are adequately immunized against diphtheria, 6 pertussis, tetanus, poliomyelitis, rubeola, rubella, varicella, 7 haemophilus influenza B and invasive pneumococcal disease, 8 hepatitis type B, meningococcal disease, or any other disease. 9 2. A person shall not be required to provide evidence of 10 adequate immunization against diphtheria, pertussis, tetanus, 11 poliomyelitis, rubeola, rubella, varicella, haemophilus 12 influenza B and invasive pneumococcal disease, hepatitis type 13 B, meningococcal disease, or any other disease to be enrolled 14 in any licensed child care center or elementary or secondary 15 school in Iowa. 16 Sec. 2. Section 239B.12, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. To the extent feasible, the department shall determine 19 the immunization status of children receiving assistance under 20 this chapter . The status shall be determined in accordance 21 with the immunization recommendations adopted by the Iowa 22 department of public health under section 139A.8 , including the 23 exemption provisions in section 139A.8, subsection 4 . If the 24 department determines a child is not in compliance with the 25 immunization recommendations, the department shall refer the 26 child’s parent or guardian to a local public health agency for 27 immunization services for the child and other members of the 28 child’s family. 29 Sec. 3. Section 299.4, subsection 1, Code 2021, is amended 30 to read as follows: 31 1. The parent, guardian, or legal custodian of a child 32 who is of compulsory attendance age, who places the child 33 under competent private instruction under section 299A.2 , not 34 in an accredited school or a home school assistance program 35 -1- LSB 2182YH (4) 89 pf/rh 1/ 3

H.F. 247 operated by a school district or accredited nonpublic school, 1 shall furnish a report in duplicate on forms provided by the 2 public school district, to the district by September 1 of the 3 school year in which the child will be under competent private 4 instruction. The secretary shall retain and file one copy 5 and forward the other copy to the district’s area education 6 agency. The report shall state the name and age of the child, 7 the period of time during which the child has been or will be 8 under competent private instruction for the year, an outline 9 of the course of study, texts used, and the name and address 10 of the instructor. The parent, guardian, or legal custodian 11 of a child, who is placing the child under competent private 12 instruction for the first time, shall also provide the district 13 with evidence that the child has had the immunizations required 14 under section 139A.8 , and , if the child is elementary school 15 age, that the child has had a blood lead test in accordance 16 with section 135.105D . The term “outline of course of study” 17 shall include subjects covered, lesson plans, and time spent 18 on the areas of study. 19 Sec. 4. REPEAL. Section 139A.8, Code 2021, is repealed. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill provides that a parent or legal guardian shall not 24 be required to assure that the person’s minor children residing 25 in the state are adequately immunized against certain diseases. 26 Additionally, a person shall not be required to provide 27 evidence of adequate immunization against certain diseases to 28 be enrolled in any licensed child care center or elementary or 29 secondary school in Iowa. 30 The bill repeals Code section 139A.8 (immunization of 31 children) which requires a parent or legal guardian to assure 32 that the person’s minor children residing in the state are 33 adequately immunized against certain diseases and prohibits a 34 person from being enrolled in any licensed child care center 35 -2- LSB 2182YH (4) 89 pf/rh 2/ 3

H.F. 247 or elementary or secondary school in Iowa without evidence 1 of adequate immunizations against certain diseases. The 2 Code section also authorizes the state board of health to 3 modify or delete any of the required immunizations, provides 4 exemptions from immunization, provides provisional enrollment 5 in an elementary or secondary school or licensed child care 6 center, specifies the duties of local boards of health in 7 furnishing the department of public health with evidence of 8 vaccination of each person enrolled in any elementary or 9 secondary school, requires local boards of health to provide 10 the required immunizations to children in areas where no local 11 provision of these services exists, and provides for adoption 12 of administrative rules to implement the Code section. 13 The bill makes conforming changes in the Code to reflect the 14 repeal of Code section 139A.8. 15 -3- LSB 2182YH (4) 89 pf/rh 3/ 3