§170.4. Immunizations of certain persons against meningococcal disease; exceptions

NOTE: Subsection (A)(1) eff. until July 1, 2019. See Acts 2018, No. 196.

A.(1)(a) Except as provided in Subsection B of this Section, beginning with the 2009-2010 school year and continuing thereafter, a student shall provide satisfactory evidence of current immunization against meningococcal disease as a condition of entry into the sixth grade at any city, parish, or other local public school or nonpublic school.

(b) Except as provided in Subsection B of this Section, beginning with the 2009-2010 school year and continuing thereafter, a student who is eleven years old and is entering a grade other than the sixth grade shall provide satisfactory evidence of current immunization against meningococcal disease as a condition of entry into such grade at any city, parish, or other local public school or nonpublic school.

(c) Except as provided in Subsection B of this Section, beginning with the 2009-2010 school year and continuing thereafter, a student who is eleven years old and is participating in an approved home study program pursuant to R.S. 17:236.1 shall provide satisfactory evidence of current immunization against meningococcal disease to the State Board of Elementary and Secondary Education as provided by rule adopted by the board in accordance with the Administrative Procedure Act.

NOTE: Subsection (A)(1) eff. July 1, 2019. See Acts 2018, No. 196.

A.(1)(a) Except as provided in Subsection B of this Section, a student shall provide satisfactory evidence of current immunization against meningococcal disease in accordance with a directive provided by the state Department of Education and the Louisiana Department of Health that shall be based on the recommendations of the Centers for Disease Control and Prevention as a condition of entry into the sixth grade and as a condition of entry into the eleventh grade at any city, parish, or other local public school or nonpublic school.

(b) Except as provided in Subsection B of this Section, a student who is eleven years old and is entering a grade other than the sixth grade and a student who is sixteen years old and is entering a grade other than the eleventh grade shall provide satisfactory evidence of current immunization against meningococcal disease in accordance with a directive provided by the state Department of Education and the Louisiana Department of Health that shall be based on the recommendations of the Centers for Disease Control and Prevention as a condition of entry into such grade at any city, parish, or other local public school or nonpublic school.

(c) Except as provided in Subsection B of this Section, each student who is eleven years old and each student who is sixteen years old and is participating in an approved home study program pursuant to R.S. 17:236.1 shall provide satisfactory evidence of current immunization against meningococcal disease in accordance with a directive provided by the state Department of Education and the Louisiana Department of Health that shall be based on the recommendations of the Centers for Disease Control and Prevention to the State Board of Elementary and Secondary Education as provided by rule adopted by the board in accordance with the Administrative Procedure Act.

(2) The chief administrator of any city, parish, or other local public school or nonpublic school that educates students who are subject to the requirements of this Section shall be responsible for checking students' records to ensure that the provisions of this Section are enforced.

B. The provisions of Subsection A of this Section shall not apply to the following persons:

(1) Any person whose parent, tutor, or legal guardian signs a waiver stating that the person shall not be immunized against meningococcal disease for religious or other personal reasons.

(2) Any person whose parent, tutor, or legal guardian has submitted a written statement from a physician stating that the immunization is contraindicated for medical reasons.

(3) Any person who is unable to comply with the provisions of Subsection A of this Section due to a shortage in the supply of available vaccinations against meningococcal disease.

C.(1) The provisions of this Section shall be implemented according to rules and regulations promulgated by the secretary of the Louisiana Department of Health, which shall include an implementation schedule based on ensuring sufficient availability of the required vaccine.

NOTE: Paragraph (C)(2) eff. until July 1, 2019. See Acts 2018, No. 196.

(2) The secretary of the Louisiana Department of Health shall provide such rules, including the implementation schedule, to the state Department of Education by not later than August 1, 2009. The state Department of Education shall notify each city, parish, and other local school board, the governing authority of each nonpublic school system or school in the case of a school not a part of a school system, and the parent or legal guardian of any student participating in an approved home study program as specified in Subparagraph (A)(1)(c) of this Section of the requirements of this Section and the rules and schedule for their implementation as provided by this Section.

NOTE: Paragraph (C)(2) eff. July 1, 2019. See Acts 2018, No. 196.

(2) The secretary of the Louisiana Department of Health shall provide such rules, including the implementation schedule, to the state Department of Education. The state Department of Education shall notify each city, parish, and other local school board, the governing authority of each nonpublic school system or school in the case of a school not a part of a school system, and the parent or legal guardian of any student participating in an approved home study program as specified in Subparagraph (A)(1)(c) of this Section of the requirements of this Section and the rules and schedule for their implementation as provided by this Section.

D. Nothing in this Section shall be construed to require any city, parish, or other local public school board, any nonpublic school system or nonpublic school, the state Department of Education, or the Louisiana Department of Health to provide or pay for immunizations against meningococcal disease.

NOTE: Subsection E eff. July 1, 2019. See Acts 2018, No. 196.

E. Any written communication issued to students pursuant to this Section shall include notice that the student's parent, tutor, or legal guardian may be exempt from compliance with this Section under the conditions set forth in Subsection B of this Section.

Acts 2008, No. 342, §1, eff. June 21, 2008; Acts 2010, No. 861, §8; Acts 2018, No. 196, §1, eff. July 1, 2019.