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
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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.
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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
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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
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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.
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