HF 2171 (LSB 5526YH (2) 91)

HOUSE FILE 2171

BY  DIEKEN

A BILL FOR

An Act striking elementary and secondary student immunization requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 139A.8, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  A person shall not be enrolled in any licensed child care center or elementary or secondary school in Iowa without evidence of adequate immunizations against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and varicella.
    Sec. 2.  Section 139A.8, subsection 2, paragraphs c and e, Code 2026, are amended by striking the paragraphs.
    Sec. 3.  Section 139A.8, subsection 4, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Immunization is not required for a person’s enrollment in any elementary or secondary school or licensed child care center if either of the following applies:
    Sec. 4.  Section 139A.8, subsection 4, paragraph c, Code 2026, is amended to read as follows:
   c.  Information regarding exemptions and the requirements for an exemption under this subsection shall be included in any public communication following the recommendation of an immunization by the department pursuant to subsection 2, shall be included in any communication regarding immunizations to a parent or legal guardian from a school, and shall be published on the internet sites of and included in registration documentation for all elementary schools, secondary schools, and licensed child care centers.
    Sec. 5.  Section 139A.8, subsections 5 and 8, Code 2026, are amended to read as follows:
   5.  A person may be provisionally enrolled in an elementary or secondary school or a licensed child care center if the person has begun the required immunizations and if the person continues to receive the necessary immunizations as rapidly as is medically feasible. The department shall adopt rules relating to the provisional admission of persons to an elementary or secondary school or a licensed child care center.
   8.  The department, in consultation with the director of the department of education, shall adopt rules for the implementation of this section and shall provide those rules to local school boards and local boards.
    Sec. 6.  Section 139A.8, subsection 6, Code 2026, is amended by striking the subsection.
    Sec. 7.  Section 256.7, subsection 15, Code 2026, is amended by striking the subsection.
    Sec. 8.  Section 299.4, subsection 1, Code 2026, is amended to read as follows:
   1.  The parent, guardian, or legal custodian of a child who is of compulsory attendance age, who places the child under competent private instruction under section 299A.2, not in an accredited school or a home school assistance program operated by a school district or accredited nonpublic school, shall furnish a report in duplicate on forms provided by the public school district, to the district by September 1 of the school year in which the child will be under competent private instruction. The secretary shall retain and file one copy and forward the other copy to the district’s area education agency. The report shall state the name and age of the child, the period of time during which the child has been or will be under competent private instruction for the year, an outline of the course of study, texts used, and the name and address of the instructor. The parent, guardian, or legal custodian of a child, who is placing the child under competent private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, provide the district with a blood lead test in accordance with section 135.105D. The term “outline of course of study” shall include subjects covered, lesson plans, and time spent on the areas of study.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill strikes elementary and secondary student immunization requirements.
   Current law provides that a person shall not be enrolled in an elementary or secondary school in Iowa without evidence of adequate immunizations against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and varicella. The bill strikes this provision.
   Current law provides that evidence of hepatitis type B immunization shall be required of a child born on or after July 1, 1994, prior to enrollment in school in kindergarten or in a grade. The bill strikes this provision.
   Current law provides that a person shall not be enrolled in school in grades 7 or 12 in Iowa without evidence of adequate immunization against meningococcal disease in accordance with standards approved by the United States public health service of the United States department of health and human services for such biological products and in accordance with immunization practices recommended by the advisory committee on immunization practices of the centers for disease control and prevention. The bill strikes this provision.
   Current law requires that information regarding immunization exemptions and the requirements for an exemption shall be included in any communication regarding immunizations to a parent or legal guardian from a school and shall be included in registration documents for all elementary and secondary schools. The bill strikes these provisions.
   Current law requires the state board of education to adopt rules that require school districts, accredited nonpublic schools, charter schools, and innovation zone schools to include information regarding the exemptions and requirements for an exemption described in Code section 139A.8(4) (immunization of children) in any communication to the parent or guardian of a student that is related to the immunizations required under Code section 139A.8. The bill strikes this provision.
   Current law requires the parent, guardian, or legal custodian of a child, who is placing the child under competent private instruction for the first time to provide the school district with evidence that the child has had the immunizations required under Code section 139A.8. The bill strikes this provision.
   The bill makes conforming changes.