A. No student shall be admitted by a school unless at the time of admission the student or his parent submits documentary proof of immunization to the admitting official of the school or unless the student is exempted from immunization pursuant to subsection C or is a homeless child or youth as defined in subdivision A 7 of § 22.1-3. If a student does not have documentary proof of immunization, the school shall notify the student or his parent (i) that it has no documentary proof of immunization for the student; (ii) that it may not admit the student without proof unless the student is exempted pursuant to subsection C, including any homeless child or youth as defined in subdivision A 7 of § 22.1-3; (iii) that the student may be immunized and receive certification by a licensed physician, licensed nurse practitioner, registered nurse or an employee of a local health department; and (iv) how to contact the local health department to learn where and when it performs these services. Neither this Commonwealth nor any school or admitting official shall be liable in damages to any person for complying with this section.
Any physician, nurse practitioner, registered nurse or local health department employee performing immunizations shall provide to any person who has been immunized or to his parent, upon request, documentary proof of immunizations conforming with the requirements of this section.
B. Any student whose immunizations are incomplete may be admitted conditionally if that student provides documentary proof at the time of enrollment of having received at least one dose of the required immunizations accompanied by a schedule for completion of the required doses within 90 calendar days. If the student requires more than two doses of hepatitis B vaccine, the conditional enrollment period shall be 180 calendar days.
The immunization record of each student admitted conditionally shall be reviewed periodically until the required immunizations have been received.
Any student admitted conditionally and who fails to comply with his schedule for completion of the required immunizations shall be excluded from school until his immunizations are resumed.
C. No certificate of immunization shall be required for the admission to school of any student if (i) the student or his parent submits an affidavit to the admitting official stating that the administration of immunizing agents conflicts with the student's religious tenets or practices; or (ii) the school has written certification from a licensed physician, licensed nurse practitioner, or local health department that one or more of the required immunizations may be detrimental to the student's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.
However, if a student is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 and (a) does not have documentary proof of necessary immunizations or has incomplete immunizations and (b) is not exempted from immunization pursuant to clauses (i) or (ii) of this subsection, the school division shall immediately admit such student and shall immediately refer the student to the local school division liaison, as described in the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001, as amended (42 U.S.C. § 11431 et seq.) (the Act), who shall assist in obtaining the documentary proof of, or completing, immunization and other services required by such Act.
D. The admitting official of a school shall exclude from the school any student for whom he does not have documentary proof of immunization or notice of exemption pursuant to subsection C, including notice that such student is a homeless child or youth as defined in subdivision A 7 of § 22.1-3.
E. Every school shall record each student's immunizations on the school immunization record. The school immunization record shall be a standardized form provided by the State Department of Health, which shall be a part of the mandatory permanent student record. Such record shall be open to inspection by officials of the State Department of Health and the local health departments.
The school immunization record shall be transferred by the school whenever the school transfers any student's permanent academic or scholastic records.
Within 30 calendar days after the beginning of each school year or entrance of a student, each admitting official shall file a report with the local health department. The report shall be filed on forms prepared by the State Department of Health and shall state the number of students admitted to school with documentary proof of immunization, the number of students who have been admitted with a medical or religious exemption and the number of students who have been conditionally admitted, including those students who are homeless children or youths as defined in subdivision A 7 of § 22.1-3.
F. The requirement for Haemophilus Influenzae Type b immunization as provided in § 32.1-46 shall not apply to any child admitted to any grade level, kindergarten through grade 12.
G. The Board of Health shall promulgate rules and regulations for the implementation of this section in congruence with rules and regulations of the Board of Health promulgated under § 32.1-46 and in cooperation with the Board of Education.
1982, c. 510; 1983, c. 433; 1988, c. 216; 1989, c. 382; 2000, c. 476; 2004, c. 500; 2011, c. 125; 2012, c. 181; 2019, c. 586.
Structure Code of Virginia
§ 22.1-254.01. Certain students required to attend summer school or after-school sessions
§ 22.1-254.02. Students transferring from a public school
§ 22.1-254.1. Declaration of policy; requirements for home instruction of children
§ 22.1-254.2. Testing for high school equivalency; eligibility; guidelines
§ 22.1-255. Nonresident children
§ 22.1-259. Teachers to keep daily attendance records
§ 22.1-260. Reports of children enrolled and not enrolled; nonattendance
§ 22.1-261. Attendance officer to make list of children not enrolled; duties of attendance officer
§ 22.1-262. Complaint to court when parent fails to comply with law
§ 22.1-263. Violation constitutes misdemeanor
§ 22.1-264. Misdemeanor to make false statements as to age
§ 22.1-265. Inducing children to absent themselves
§ 22.1-266. Law-enforcement officers and truant children
§ 22.1-267. Proceedings against habitually absent child
§ 22.1-269.1. Alternative attendance programs
§ 22.1-270. Preschool physical examinations
§ 22.1-271.2. Immunization requirements
§ 22.1-271.4. Health requirements for home-instructed, exempted, and excused children
§ 22.1-271.5. Guidelines and policies and procedures on concussions in student-athletes
§ 22.1-271.6. School division policies and procedures on concussions in students
§ 22.1-271.7. Public middle school student-athletes; pre-participation physical examination
§ 22.1-271.8. Sudden cardiac arrest prevention in student-athletes
§ 22.1-272. Contagious and infectious diseases
§ 22.1-273. Vision and hearing of student to be tested; exceptions
§ 22.1-273.1. Annual screening for scoliosis
§ 22.1-273.2. Parent educational information regarding eating disorders
§ 22.1-273.3. Parent educational information regarding tobacco and nicotine vapor products
§ 22.1-273.4. Department of Education; guidance and resources; applied behavior analysis services
§ 22.1-274. School health services
§ 22.1-274.02. Certain memorandum of agreement required
§ 22.1-274.1. Criteria to identify toxic art materials; labeling; use in certain grades prohibited
§ 22.1-274.3. Policies regarding medication recommendations by school personnel
§ 22.1-274.4. Automated external defibrillators
§ 22.1-274.5. Topical sunscreen
§ 22.1-274.6. Seizure management and action plan; training
§ 22.1-275. Protective eye devices
§ 22.1-275.1. School health advisory board
§ 22.1-276.2. Removal of students from classes
§ 22.1-276.3. Ineligibility of students to compete in athletic competitions
§ 22.1-277. Suspensions and expulsions of students generally
§ 22.1-277.04. Short-term suspension; procedures; readmission
§ 22.1-277.05. Long-term suspensions; procedures; readmission
§ 22.1-277.06. Expulsions; procedures; readmission
§ 22.1-277.07. Expulsion of students under certain circumstances; exceptions
§ 22.1-277.07:1. Policies prohibiting possession of firearms
§ 22.1-277.08. Expulsion of students for certain drug offenses
§ 22.1-277.2:2. Alternative education program data
§ 22.1-279.1. Corporal punishment prohibited
§ 22.1-279.1:1. The use of seclusion and restraint in public schools; Board of Education regulations
§ 22.1-279.3. Parental responsibility and involvement requirements
§ 22.1-279.3:2. Public elementary and secondary school students; protective orders; notification
§ 22.1-279.3:3. Alternative school discipline process for certain incidents
§ 22.1-279.4. Information regarding prosecution for certain crimes
§ 22.1-279.7. Guidelines for student searches
§ 22.1-279.9. Development of programs to prevent crime and violence
§ 22.1-279.10. School resource officers; data
§ 22.1-280.2:1. Employment of school security officers
§ 22.1-280.2:2. Public School Security Equipment Grant Act of 2013
§ 22.1-280.2:3. School boards; safety and security personnel
§ 22.1-280.2:4. School boards; firearms on school property
§ 22.1-280.4. School board action regarding destruction of property
§ 22.1-287. Limitations on access to records
§ 22.1-287.01. Student information; release to federal government agencies
§ 22.1-287.02. Students' personally identifiable information
§ 22.1-287.03. Unique student identification numbers
§ 22.1-287.04. Uniformed services-connected students
§ 22.1-287.1. Directory information
§ 22.1-288.1. Notation in school records of missing children; local law-enforcement cooperation
§ 22.1-289.01. School service providers; school-affiliated entities; student personal information