House File 2171 - Introduced HOUSE FILE 2171 BY DIEKEN A BILL FOR An Act striking elementary and secondary student immunization 1 requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5526YH (2) 91 jda/jh
H.F. 2171 Section 1. Section 139A.8, subsection 2, paragraph a, Code 1 2026, is amended to read as follows: 2 a. A person shall not be enrolled in any licensed child 3 care center or elementary or secondary school in Iowa without 4 evidence of adequate immunizations against diphtheria, 5 pertussis, tetanus, poliomyelitis, rubeola, rubella, and 6 varicella. 7 Sec. 2. Section 139A.8, subsection 2, paragraphs c and e, 8 Code 2026, are amended by striking the paragraphs. 9 Sec. 3. Section 139A.8, subsection 4, paragraph a, 10 unnumbered paragraph 1, Code 2026, is amended to read as 11 follows: 12 Immunization is not required for a person’s enrollment 13 in any elementary or secondary school or licensed child care 14 center if either of the following applies: 15 Sec. 4. Section 139A.8, subsection 4, paragraph c, Code 16 2026, is amended to read as follows: 17 c. Information regarding exemptions and the requirements 18 for an exemption under this subsection shall be included in 19 any public communication following the recommendation of an 20 immunization by the department pursuant to subsection 2 , shall 21 be included in any communication regarding immunizations 22 to a parent or legal guardian from a school, and shall be 23 published on the internet sites of and included in registration 24 documentation for all elementary schools, secondary schools, 25 and licensed child care centers. 26 Sec. 5. Section 139A.8, subsections 5 and 8, Code 2026, are 27 amended to read as follows: 28 5. A person may be provisionally enrolled in an elementary 29 or secondary school or a licensed child care center if the 30 person has begun the required immunizations and if the person 31 continues to receive the necessary immunizations as rapidly 32 as is medically feasible. The department shall adopt rules 33 relating to the provisional admission of persons to an 34 elementary or secondary school or a licensed child care center. 35 -1- LSB 5526YH (2) 91 jda/jh 1/ 4
H.F. 2171 8. The department , in consultation with the director 1 of the department of education, shall adopt rules for the 2 implementation of this section and shall provide those rules to 3 local school boards and local boards. 4 Sec. 6. Section 139A.8, subsection 6, Code 2026, is amended 5 by striking the subsection. 6 Sec. 7. Section 256.7, subsection 15, Code 2026, is amended 7 by striking the subsection. 8 Sec. 8. Section 299.4, subsection 1, Code 2026, is amended 9 to read as follows: 10 1. The parent, guardian, or legal custodian of a child 11 who is of compulsory attendance age, who places the child 12 under competent private instruction under section 299A.2 , not 13 in an accredited school or a home school assistance program 14 operated by a school district or accredited nonpublic school, 15 shall furnish a report in duplicate on forms provided by the 16 public school district, to the district by September 1 of the 17 school year in which the child will be under competent private 18 instruction. The secretary shall retain and file one copy 19 and forward the other copy to the district’s area education 20 agency. The report shall state the name and age of the child, 21 the period of time during which the child has been or will be 22 under competent private instruction for the year, an outline 23 of the course of study, texts used, and the name and address 24 of the instructor. The parent, guardian, or legal custodian 25 of a child, who is placing the child under competent private 26 instruction for the first time, shall also provide the district 27 with evidence that the child has had the immunizations required 28 under section 139A.8 , and , if the child is elementary school 29 age, provide the district with a blood lead test in accordance 30 with section 135.105D . The term “outline of course of study” 31 shall include subjects covered, lesson plans, and time spent 32 on the areas of study. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5526YH (2) 91 jda/jh 2/ 4
H.F. 2171 the explanation’s substance by the members of the general assembly. 1 This bill strikes elementary and secondary student 2 immunization requirements. 3 Current law provides that a person shall not be enrolled in 4 an elementary or secondary school in Iowa without evidence of 5 adequate immunizations against diphtheria, pertussis, tetanus, 6 poliomyelitis, rubeola, rubella, and varicella. The bill 7 strikes this provision. 8 Current law provides that evidence of hepatitis type B 9 immunization shall be required of a child born on or after July 10 1, 1994, prior to enrollment in school in kindergarten or in a 11 grade. The bill strikes this provision. 12 Current law provides that a person shall not be enrolled in 13 school in grades 7 or 12 in Iowa without evidence of adequate 14 immunization against meningococcal disease in accordance 15 with standards approved by the United States public health 16 service of the United States department of health and human 17 services for such biological products and in accordance with 18 immunization practices recommended by the advisory committee on 19 immunization practices of the centers for disease control and 20 prevention. The bill strikes this provision. 21 Current law requires that information regarding immunization 22 exemptions and the requirements for an exemption shall be 23 included in any communication regarding immunizations to a 24 parent or legal guardian from a school and shall be included 25 in registration documents for all elementary and secondary 26 schools. The bill strikes these provisions. 27 Current law requires the state board of education to adopt 28 rules that require school districts, accredited nonpublic 29 schools, charter schools, and innovation zone schools to 30 include information regarding the exemptions and requirements 31 for an exemption described in Code section 139A.8(4) 32 (immunization of children) in any communication to the parent 33 or guardian of a student that is related to the immunizations 34 required under Code section 139A.8. The bill strikes this 35 -3- LSB 5526YH (2) 91 jda/jh 3/ 4
H.F. 2171 provision. 1 Current law requires the parent, guardian, or legal 2 custodian of a child, who is placing the child under competent 3 private instruction for the first time to provide the school 4 district with evidence that the child has had the immunizations 5 required under Code section 139A.8. The bill strikes this 6 provision. 7 The bill makes conforming changes. 8 -4- LSB 5526YH (2) 91 jda/jh 4/ 4