File: JLCB-R - Immunization of Students

NOTE: While Colorado school districts are not required by law to adopt a regulation on this subject, this regulation reflects legal requirements school districts must follow. This sample regulation contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate procedures that meet local circumstances and needs.

1. No student may attend school in the district unless the student has presented to the school an up-to-date certificate of immunization, a written authorization signed by a parent/guardian requesting local public health officials administer the immunizations or a valid certificate of medical or nonmedical exemption form.

NOTE: Please refer to current standardized immunization documents and exemption forms developed and updated by the Colorado Department of Public Health and Environment.

2. A student will be exempted from required immunizations only upon submission of:

a. a completed certificate of medical exemption from a licensed physician, qualified physician assistant, or advanced practice nurse that the student´s physical condition is such that immunization would endanger the student´s life or health or is otherwise medically contraindicated due to other medical conditions;

b. a completed certificate of completion of the online education module administered by the Colorado Department of Public Health and Environment; or

c. a completed certificate of nonmedical exemption signed by a parent/guardian or an emancipated student and a physician, qualified physician assistant, or advanced practice nurse.

In the event of an outbreak of any communicable disease for which immunization is required, no exemption will be recognized and those students will be excluded from school.

3. Parents/guardians or emancipated students who assert a nonmedical exemption must submit either a completed certificate of completion of the online education module administered by the Colorado Department of Public Health and Environment or a completed certificate of nonmedical exemption that is signed by a parent/guardian or emancipated student and a physician, qualified physician assistant, or advanced practice nurse on an annual basis. Such submission will occur at the beginning of each school year that the nonmedical exemption is asserted.

4. Parents/guardians or emancipated students who assert an exemption from immunizations based on a medical reason shall submit the required medical exemption form to the school one time. The medical exemption form shall be maintained on file at each new school the student attends.

5. Each school in the district annually provides the school´s specific immunization and exemption rates for the measles, mumps, and rubella vaccine [optional: the school may also include immunization and vaccination rates for any other vaccine] for the school´s enrolled student population for the previous school year compared to the vaccinated children standard.

6. The district will provide upon request an immunization reporting form. The __[appropriate school official, e.g., school nurse, principal]__is responsible for seeing that required information is included on the form and transferred to an official certificate of immunization as required.

7. If there is a failure to comply with the immunization requirements, the [appropriate school official] will personally notify the parent/guardian or emancipated student. Such notification will be accomplished by telephone, e-mail, or in person. If this is not possible, contact will be by physical mail. Emancipated students must be contacted directly rather than through their parents/guardians.

The parent/guardian or emancipated student will be notified of the following:

a. that up-to-date immunizations are required under Colorado law.

b. that within 14 days of notification, the parent/guardian must submit one of the following: an authorization for administration of the immunization by public health officials; a completed certificate of medical or nonmedical exemption; a completed certificate of completion of the online education module administered by the Colorado Department of Public Health and Environment; or documentation to the school showing that the next required immunization has been given and a written plan for completion of all required immunizations.

c. that if the required documentation is not submitted within 14 days of notification or if the student begins but does not continue or complete the written plan, the student will be suspended or expelled.

7. A student who fails to comply will be suspended by the principal for up to five days and notice of the suspension sent to the Health Department, in accordance with applicable law.

8. If no certificate of immunization is received during the period of suspension, the superintendent will institute proceedings for expulsion.

9. Any suspension or expulsion under this policy will terminate automatically upon compliance.

10. Record of any such suspension or expulsion will be contained in the student's health file, with an appropriate explanation - not in the student's disciplinary file.

Any student expelled for failure to comply with the immunization requirements will not be included in calculating the dropout rate, but will be included in the annual report to the State Board of Education.

NOTE: While the definition of "student in out-of-home placement" closely tracks the federal law's definition of a student in foster care, the state law's definition is slightly broader. Thus, the use of the term "student in out-of-home placement" is intentional in the following paragraph, as state law requires the district to enroll a student in an out-of-home placement regardless of whether the district has received the student's immunization records. C.R.S. 22-32-138 (4).

Students in out-of-home placements

The following procedure applies to students in out-of-home placements, as that term is defined by C.R.S. 22-32-138 (1)(h).

Unless the district or school is otherwise authorized to deny enrollment to a student in out-of-home placement, the district or school must enroll the student regardless of whether the district or school has received the student's immunization records. Upon enrolling the student, the school must notify the student's legal guardian that unless the school receives the student's certificate of immunization or a written authorization for administration of immunizations within 14 days after the student enrolls, the school will suspend the student until such time as the school receives the certificate of immunization or authorization.

(Approval date)

[Revised June 2021]