Re: homeschooling and vaccs.(gary's question)

[Guest guest]

In a message dated 8/2/00 12:47:51 PM Eastern Daylight Time,

peace_b_untiu@... writes:

<< In other words, homeschooled children are subject to the same vaccination

requirements as public school children? Not what the school officials are

telling you. But is that the actual law??

>>

Yes, it's actually in a current homeschooling book I have and it was

discussed at a homeschooling conference that I was recently at. The law in PA

states that you need to turn in either current records or you must fill out a

proper exemption form.

www.diapers.bizland.com

[Guest guest]

Here in Iowa, we've been told that if we homeschool solely, we do not need to

tell the local school anything about immunizations; however, if we wanted our

sons to be in any extracurricular activity or dual enrollment, we would need

to show proof of immunization or an exemption.

[Guest guest]

,

I could be wrong. But I suspect that you and others are just talking

about administrative codes written by state education officials. State

officials may indeed be required to ask home schoolers for an exemption

letter. But legally, parents are not required to submit it if it is not

specifically stated in the law that it is required. Why? because most " no

shots, no school " laws were not written with homeschooling in mind. Only

for regular school enrollment. The laws would have had to have been

amended to include homeschooling. And on what basis could they have

rationalized that?

Like i said, I could be wrong. Show me the actual wording in the law.

gary

On Wed, 2 Aug 2000 13:01:31 EDT teresav26@... writes:

> In a message dated 8/2/00 12:47:51 PM Eastern Daylight Time,

> peace_b_untiu@... writes:

>

> << In other words, homeschooled children are subject to the same

> vaccination

> requirements as public school children? Not what the school

> officials are

> telling you. But is that the actual law??

>

> >>

> Yes, it's actually in a current homeschooling book I have and it was

>

> discussed at a homeschooling conference that I was recently at. The

> law in PA

> states that you need to turn in either current records or you must

> fill out a

> proper exemption form.

>

>

> www.diapers.bizland.com

>

>

>

>

>

[Guest guest]

,

If you go to http://www.doa.state.nc.us/dnpe/hhh103.htm , under

" REQUIREMENTS " , it states " Maintain at the school disease immunization and

annual attendance records for each student; " . This is under the link " Home

School Legal Requirements " . It mentions North Carolina State Law on this

page, is this the law that you are refering to? How do the administratve

codes differ from the law? We are, of course, no longer in NC but as we plan

to continue homeschooling this fall, we anticipate running over the same

problems again.

Thanks,

Katrina - CO

>From: Krasner <gk-cfic@...>

>Reply-Vaccinationsegroups

>Vaccinationsegroups

>CC: va-sk@...

>Subject: Re: homeschooling and vaccs.(gary's question)

>Date: Thu, 3 Aug 2000 01:10:04 -0400

>

>,

>

>I could be wrong. But I suspect that you and others are just talking

>about administrative codes written by state education officials. State

>officials may indeed be required to ask home schoolers for an exemption

>letter. But legally, parents are not required to submit it if it is not

>specifically stated in the law that it is required. Why? because most " no

>shots, no school " laws were not written with homeschooling in mind. Only

>for regular school enrollment. The laws would have had to have been

>amended to include homeschooling. And on what basis could they have

>rationalized that?

>

>Like i said, I could be wrong. Show me the actual wording in the law.

>

>gary

>

>

>

>On Wed, 2 Aug 2000 13:01:31 EDT teresav26@... writes:

> > In a message dated 8/2/00 12:47:51 PM Eastern Daylight Time,

> > peace_b_untiu@... writes:

> >

> > << In other words, homeschooled children are subject to the same

> > vaccination

> > requirements as public school children? Not what the school

> > officials are

> > telling you. But is that the actual law??

> >

> > >>

> > Yes, it's actually in a current homeschooling book I have and it was

> >

> > discussed at a homeschooling conference that I was recently at. The

> > law in PA

> > states that you need to turn in either current records or you must

> > fill out a

> > proper exemption form.

> >

> >

> > www.diapers.bizland.com

> >

> >

>

> >

> >

> >

________________________________________________________________________

Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com

[Guest guest]

I'll check out the site when I have time.

Admin codes are rules that are published by state agencies, like a school

board. They comprise the regulations that employees must enforce. But it

is often not stated in the legislation. So residents may choose not to

comply with it. The agency may also cite precedent in the form of rulings

by the Director, Board or Commissioner. But these are not really legal

" rulings " , as in a court of law by an impartial judge. These are actually

directives by a biased administrator. Big difference.

Just look at the source of the text. If it is from the state's governing

statutes, it's the law. If it is published by the state education

department, I would ignore it. Even court rulings are not the law, should

they cite a case. The ruling must say that this " shall " affect similar

cases, and then the legislature must amend or repeal the law accordingly.

gary

On Thu, 03 Aug 2000 06:31:46 GMT " Katrina Cloud " <katrinaj@...>

writes:

> ,

> If you go to http://www.doa.state.nc.us/dnpe/hhh103.htm , under

> " REQUIREMENTS " , it states " Maintain at the school disease

> immunization and

> annual attendance records for each student; " . This is under the link

> " Home

> School Legal Requirements " . It mentions North Carolina State Law on

> this

> page, is this the law that you are refering to? How do the

> administratve

> codes differ from the law? We are, of course, no longer in NC but as

> we plan

> to continue homeschooling this fall, we anticipate running over the

> same

> problems again.

> Thanks,

> Katrina - CO

>

>

> >From: Krasner <gk-cfic@...>

> >Reply-Vaccinationsegroups

> >Vaccinationsegroups

> >CC: va-sk@...

> >Subject: Re: homeschooling and vaccs.(gary's

> question)

> >Date: Thu, 3 Aug 2000 01:10:04 -0400

> >

> >,

> >

> >I could be wrong. But I suspect that you and others are just

> talking

> >about administrative codes written by state education officials.

> State

> >officials may indeed be required to ask home schoolers for an

> exemption

> >letter. But legally, parents are not required to submit it if it is

> not

> >specifically stated in the law that it is required. Why? because

> most " no

> >shots, no school " laws were not written with homeschooling in mind.

> Only

> >for regular school enrollment. The laws would have had to have been

> >amended to include homeschooling. And on what basis could they have

> >rationalized that?

> >

> >Like i said, I could be wrong. Show me the actual wording in the

> law.

> >

> >gary

> >

> >

> >

> >On Wed, 2 Aug 2000 13:01:31 EDT teresav26@... writes:

> > > In a message dated 8/2/00 12:47:51 PM Eastern Daylight Time,

> > > peace_b_untiu@... writes:

> > >

> > > << In other words, homeschooled children are subject to the same

> > > vaccination

> > > requirements as public school children? Not what the school

> > > officials are

> > > telling you. But is that the actual law??

> > >

> > > >>

> > > Yes, it's actually in a current homeschooling book I have and it

> was

> > >

> > > discussed at a homeschooling conference that I was recently at.

> The

> > > law in PA

> > > states that you need to turn in either current records or you

> must

> > > fill out a

> > > proper exemption form.

> > >

> > >

> > > www.diapers.bizland.com

> > >

> > >

> >

> > >

> > >

> > >

>

>

________________________________________________________________________

> Get Your Private, Free E-mail from MSN Hotmail at

> http://www.hotmail.com

>

>

>

>

>

>

________________________________________________________________

YOU'RE PAYING TOO MUCH FOR THE INTERNET!

Juno now offers FREE Internet Access!

Try it today - there's no risk! For your FREE software, visit:

http://dl.www.juno.com/get/tagj.

[Guest guest]

,

I got this off of PA's web page under homeschool documents. Sounds to me as

if we do need the same waivers as those attending public schools.

Home Education Reference Documents

Definitions | Background Checks | Immunizations | Admission of Beginners |

Compulsory School Attendance | Home Education Program | Health Services |

Excusals from Public School Attendance

24 PS 1-102 Definitions

When used in this act the following words and phrases shall have the

following meanings:

(1) " Board of school directors " shall include the board of public education

in school districts of the first class, except where specifically limited to

school districts of other classes.

(2) " School district " shall include school districts of all classes, except

where specifically limited to districts of a particular class or classes.

(3) " School term " shall mean the period of time elapsing between the opening

of the public schools in the fall of one year and the closing of the public

schools in the spring of the following year.

(4) " School year " shall mean the period of time elapsing in school districts

of the first class between the first day of January and the thirty-first day

of December of any year, and in school districts of all other classes between

the first day of July of one year and the thirtieth day of June of the

following year. School districts with a year-round education program may

submit a request to the Secretary of Education for approval or disapproval to

extend the school year until August 15 for the purpose of determining average

daily memberships for students whose one hundred eighty (180) days of

instruction continue into the summer months.

(5) Official visitor " shall include the Governor, Lieutenant Governor,

members of the Senate and House of Representatives, the House of

Representatives, the Secretary of Education and members of the State Board of

Education.

24 PS 1-111 Background checks of prospective employees; conviction of

employees of certain offenses

(a) This section shall apply to all prospective employees of public and

private schools, intermediate units and area vocational-technical schools,

including independent contractors and their employees, except those employees

and independent contractors and their employees who have no direct contact

with children.

( Administrators of public and private schools, intermediate units and area

vocational-technical schools shall require prospective employees to submit

with their employment application, pursuant to 18 Pa.C.S. Ch.91 (relating to

criminal history record information), a report of criminal history record

information from the Pennsylvania State Police that the State Police central

repository contains no such information relating to that person. Such

criminal history record information shall be limited to that which is

disseminated pursuant to 18 Pa.C.S. § 9121((2)(relating to general

regulations) and shall be no more than one (1) year old. An applicant may

submit a copy of the required information with the application for

employment. Administrators shall maintain a copy of the required information

and shall require each applicant to produce the original document prior to

employment. Administrators shall require contractors to produce the original

document for each prospective employee of such contractor prior to employment.

© Where the applicant is not a resident of the Commonwealth, administrators

shall require the applicant to submit with the application for employment a

report of Federal criminal history record information pursuant to the Federal

Bureau of Investigation appropriation of Title II of Public Law 92-544, 86

Stat. 1115, and the department shall be the intermediary for the purposes of

this section.

(d) The State Board of Education shall, in the manner provided by law,

promulgate the regulations necessary to carry out this section. The

regulations shall provide for the confidentiality of criminal history record

information obtained pursuant to this act.

(e) No person subject to this act shall be employed in a public or private

school, intermediate unit or area vocational-technical school where the

report of criminal history record information indicates the applicant has

been convicted, within five (5) years immediately preceding the date of the

report, of any of the following offenses:

(1) An offense under one or more of the following provisions of Title 18 of

the Pennsylvania Consolidated Statutes: Chapter 25 (relating to criminal

homicide).

Section 2702 (relating to aggravated assault).

Section 2709 (relating to harassment and stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902( (relating to prostitution and related

offenses).

Section 5903© or (d) (relating to obscene and other sexual materials and

performances).

Section 6301 (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

(2) An offense designated as a felony under the act of April 14, 1972 (P.L.

233, No. 64), known as " The Controlled Substance, Drug, Device and Cosmetic

Act.

(3) An out-of-State or Federal offense similar in nature to those crimes

listed in clauses (1) and (2).

(f) The requirements of this section shall not apply to employees of public

and private schools, intermediate units and area vocational-technical schools

who meet all the following requirements:

(1) The employees are under twenty-one (21) years of age.

(2) They are employed for periods of ninety (90) days or less.

(3) They are a part of a job development and/or job training program funded

in whole or in part by public or private sources. Once employment of a person

who meets these conditions extends beyond ninety (90) days, all requirements

of this section shall take effect.

(g) An administrator or other person responsible for employment decisions in

a school or other institution under this section who willfully fails to

comply with the provisions of this section commits a violation of this act

and shall be subject to civil penalty as provided in this section.

(1) The department shall have jurisdiction to determine violators of this

section and may, following a hearing, assess a civil penalty not to exceed

two thousand five hundred dollars ($2,500).

(2) The civil penalty shall be payable to the Commonwealth.

(h) No person employed in a public or private school on the effective date of

this section shall be required to obtain the information required herein as a

condition of continued employment. Any person who has once obtained the

information required under this section may transfer to another school in the

same district or established and supervised by the same organization and

shall not be required to obtain additional reports before making such

transfer.

(i) Notwithstanding subsections ( and ©, administrators may employ

applicants on a provisional basis for a single period not to exceed thirty

(30) days or, for out-of-State applicants, a period of ninety (90) days,

except during a lawful strike proceeding under the provisions of the act of

July 23, 1970 (P.L.563, No.195), known as the " Public Employee Relations

Act, " provided that all of the following conditions are met:

(1) the applicant has applied for the information required under subsection

( and, where applicable, under subsection © and the applicant provides a

copy of the appropriate completed request forms to the administrator;

(2) the administrator has no knowledge of information pertaining to the

applicant which would disqualify him from employment pursuant to subsection

(e);

(3) the applicant swears or affirms in writing that he is not disqualified

from employment pursuant to subsection (e);

(4) if the information obtained pursuant to subsection ( or © reveals

that the applicant is disqualified from employment pursuant to subsection

(e), the applicant shall be suspended and subject to termination proceedings

as provided for by law; and

(5) the administrator requires that the applicant not be permitted to work

alone with children and that the applicant work in the immediate vicinity of

a permanent employee.

24 PS 13-1303a Immunization required; penalty

(a) It shall be the duty of all school directors, superintendents,

principals, or other persons in charge of any public, private, parochial, or

other school including kindergarten, to ascertain that every child, prior to

admission to school for the first time has been immunized, as the Secretary

of Health may direct, against such diseases as shall appear on a list to be

made and from time to time reviewed by the Advisory Health Board. All

certificates of immunization shall be issued in accordance with the rules and

regulations promulgated by the Secretary of Health with the sanction and

advice of the Advisory Health Board.

( Any person who shall fail, neglect, or refuse to comply with, or who

shall violate, any of the provisions or requirements of this section, except

as hereinafter provided, shall, for every such offense, upon summary

conviction thereof, be sentenced to pay a fine of not less than five dollars

($5) nor more than one hundred dollars ($100), and in default thereof, to

undergo an imprisonment in the jail of the proper county for a period not

exceeding sixty (60) days. All such fines shall be paid into the treasury of

the school district.

© The provisions of this section shall not apply in the case of any child

deemed to have a medical contraindication which may contraindicate

immunization and so certified by a physician. Such certificates may be

accepted in lieu of a certificate of immunization.

(d) The provisions of this section shall not apply in the case of any child

whose parent or guardian objects in writing to such immunization on religious

grounds

[Guest guest]

Katrina,

I went to that website. As I suspected, it looks like a Board of Ed.

website. Ask you state legislator for a copy of the law pertaining to

home schools. Take anything else with a grain of salt.

Also, the statement, " Maintain at the school disease immunization and

annual attendance records for each student. " That means that you, as a

parent, should keep a record of your children's vax and attendence. I

think a parent would do that in any case. Also, the " requirement " says

nothing about having to submit such record to anyone else.

The bottom line, like I said, is that homeschooled children are not

required to be vaccinated.

GARY

On Thu, 03 Aug 2000 06:31:46 GMT " Katrina Cloud " <katrinaj@...>

writes:

> ,

> If you go to http://www.doa.state.nc.us/dnpe/hhh103.htm , under

> " REQUIREMENTS " , it states " Maintain at the school disease

> immunization and

> annual attendance records for each student; " . This is under the link

> " Home

> School Legal Requirements " . It mentions North Carolina State Law on

> this

> page, is this the law that you are refering to? How do the

> administratve

> codes differ from the law? We are, of course, no longer in NC but as

> we plan

> to continue homeschooling this fall, we anticipate running over the

> same

> problems again.

> Thanks,

> Katrina - CO

>

>

> >From: Krasner <gk-cfic@...>

> >Reply-Vaccinationsegroups

> >Vaccinationsegroups

> >CC: va-sk@...

> >Subject: Re: homeschooling and vaccs.(gary's

> question)

> >Date: Thu, 3 Aug 2000 01:10:04 -0400

> >

> >,

> >

> >I could be wrong. But I suspect that you and others are just

> talking

> >about administrative codes written by state education officials.

> State

> >officials may indeed be required to ask home schoolers for an

> exemption

> >letter. But legally, parents are not required to submit it if it is

> not

> >specifically stated in the law that it is required. Why? because

> most " no

> >shots, no school " laws were not written with homeschooling in mind.

> Only

> >for regular school enrollment. The laws would have had to have been

> >amended to include homeschooling. And on what basis could they have

> >rationalized that?

> >

> >Like i said, I could be wrong. Show me the actual wording in the

> law.

> >

> >gary

> >

> >

> >

> >On Wed, 2 Aug 2000 13:01:31 EDT teresav26@... writes:

> > > In a message dated 8/2/00 12:47:51 PM Eastern Daylight Time,

> > > peace_b_untiu@... writes:

> > >

> > > << In other words, homeschooled children are subject to the same

> > > vaccination

> > > requirements as public school children? Not what the school

> > > officials are

> > > telling you. But is that the actual law??

> > >

> > > >>

> > > Yes, it's actually in a current homeschooling book I have and it

> was

> > >

> > > discussed at a homeschooling conference that I was recently at.

> The

> > > law in PA

> > > states that you need to turn in either current records or you

> must

> > > fill out a

> > > proper exemption form.

> > >

> > >

> > > www.diapers.bizland.com

> > >

> > >

> >

> > >

> > >

> > >

>

>

________________________________________________________________________

> Get Your Private, Free E-mail from MSN Hotmail at

> http://www.hotmail.com

>

>

>

>

>

>

________________________________________________________________

YOU'RE PAYING TOO MUCH FOR THE INTERNET!

Juno now offers FREE Internet Access!

Try it today - there's no risk! For your FREE software, visit:

http://dl.www.juno.com/get/tagj.

[Guest guest]

No, it does not!

First, section a. says:

" to ascertain that every child, prior to admission to school for the

first time has been immunized, " .

That does not refer to homeschooled kids, becaise they don't seek

admission to school.

Also, it looks to me like an administration order. Not the state law. Get

the law from your legislator if you don't know the difference. If the

actual law makes no such requirements, then you respond to the school as

follows:

" If this is an administrative order, then you should be aware that people

are not required to comply with administrative codes that make

requirements that are not specifically stated in the law. Administrative

codes drafted by the Commissioner of Education, or even by legislative

bodies, are to be followed only by personnel employed by those entities.

But ordinary citizens must comply only with that which is stated in the

law. "

You can even see how section a. begins. It's the " duty " for whom??:

" It shall be the duty of all school directors, superintendents,

principals, or other persons in charge of any public, private, parochial,

or

other school including kindergarten, to ascertain that every child, "

gary

On Fri, 4 Aug 2000 18:30:12 EDT teresav26@... writes:

> ,

> I got this off of PA's web page under homeschool documents. Sounds

> to me as

> if we do need the same waivers as those attending public schools.

>

> Home Education Reference Documents

> Definitions | Background Checks | Immunizations | Admission of

> Beginners |

> Compulsory School Attendance | Home Education Program | Health

> Services |

> Excusals from Public School Attendance

>

>

> 24 PS 1-102 Definitions

>

> When used in this act the following words and phrases shall have the

>

> following meanings:

>

> (1) " Board of school directors " shall include the board of public

> education

> in school districts of the first class, except where specifically

> limited to

> school districts of other classes.

>

> (2) " School district " shall include school districts of all classes,

> except

> where specifically limited to districts of a particular class or

> classes.

>

> (3) " School term " shall mean the period of time elapsing between the

> opening

> of the public schools in the fall of one year and the closing of the

> public

> schools in the spring of the following year.

>

> (4) " School year " shall mean the period of time elapsing in school

> districts

> of the first class between the first day of January and the

> thirty-first day

> of December of any year, and in school districts of all other

> classes between

> the first day of July of one year and the thirtieth day of June of

> the

> following year. School districts with a year-round education program

> may

> submit a request to the Secretary of Education for approval or

> disapproval to

> extend the school year until August 15 for the purpose of

> determining average

> daily memberships for students whose one hundred eighty (180) days

> of

> instruction continue into the summer months.

>

> (5) Official visitor " shall include the Governor, Lieutenant

> Governor,

> members of the Senate and House of Representatives, the House of

> Representatives, the Secretary of Education and members of the State

> Board of

> Education.

>

>

> 24 PS 1-111 Background checks of prospective employees; conviction

> of

> employees of certain offenses

>

> (a) This section shall apply to all prospective employees of public

> and

> private schools, intermediate units and area vocational-technical

> schools,

> including independent contractors and their employees, except those

> employees

> and independent contractors and their employees who have no direct

> contact

> with children.

>

> ( Administrators of public and private schools, intermediate units

> and area

> vocational-technical schools shall require prospective employees to

> submit

> with their employment application, pursuant to 18 Pa.C.S. Ch.91

> (relating to

> criminal history record information), a report of criminal history

> record

> information from the Pennsylvania State Police that the State Police

> central

> repository contains no such information relating to that person.

> Such

> criminal history record information shall be limited to that which

> is

> disseminated pursuant to 18 Pa.C.S. § 9121((2)(relating to general

>

> regulations) and shall be no more than one (1) year old. An

> applicant may

> submit a copy of the required information with the application for

> employment. Administrators shall maintain a copy of the required

> information

> and shall require each applicant to produce the original document

> prior to

> employment. Administrators shall require contractors to produce the

> original

> document for each prospective employee of such contractor prior to

> employment.

>

> © Where the applicant is not a resident of the Commonwealth,

> administrators

> shall require the applicant to submit with the application for

> employment a

> report of Federal criminal history record information pursuant to

> the Federal

> Bureau of Investigation appropriation of Title II of Public Law

> 92-544, 86

> Stat. 1115, and the department shall be the intermediary for the

> purposes of

> this section.

>

> (d) The State Board of Education shall, in the manner provided by

> law,

> promulgate the regulations necessary to carry out this section. The

> regulations shall provide for the confidentiality of criminal

> history record

> information obtained pursuant to this act.

>

> (e) No person subject to this act shall be employed in a public or

> private

> school, intermediate unit or area vocational-technical school where

> the

> report of criminal history record information indicates the

> applicant has

> been convicted, within five (5) years immediately preceding the date

> of the

> report, of any of the following offenses:

>

> (1) An offense under one or more of the following provisions of

> Title 18 of

> the Pennsylvania Consolidated Statutes: Chapter 25 (relating to

> criminal

> homicide).

>

> Section 2702 (relating to aggravated assault).

> Section 2709 (relating to harassment and stalking).

> Section 2901 (relating to kidnapping).

> Section 2902 (relating to unlawful restraint).

> Section 3121 (relating to rape).

> Section 3122.1 (relating to statutory sexual assault).

>

> Section 3123 (relating to involuntary deviate sexual intercourse).

> Section 3124.1 (relating to sexual assault).

> Section 3125 (relating to aggravated indecent assault).

>

> Section 3126 (relating to indecent assault).

> Section 3127 (relating to indecent exposure).

> Section 4302 (relating to incest).

> Section 4303 (relating to concealing death of child).

>

> Section 4304 (relating to endangering welfare of children).

>

> Section 4305 (relating to dealing in infant children).

>

> A felony offense under section 5902( (relating to prostitution and

> related

> offenses).

> Section 5903© or (d) (relating to obscene and other sexual

> materials and

> performances).

>

> Section 6301 (relating to corruption of minors).

> Section 6312 (relating to sexual abuse of children).

> (2) An offense designated as a felony under the act of April 14,

> 1972 (P.L.

> 233, No. 64), known as " The Controlled Substance, Drug, Device and

> Cosmetic

> Act.

>

> (3) An out-of-State or Federal offense similar in nature to those

> crimes

> listed in clauses (1) and (2).

>

> (f) The requirements of this section shall not apply to employees of

> public

> and private schools, intermediate units and area

> vocational-technical schools

> who meet all the following requirements:

>

> (1) The employees are under twenty-one (21) years of age.

> (2) They are employed for periods of ninety (90) days or less.

> (3) They are a part of a job development and/or job training program

> funded

> in whole or in part by public or private sources. Once employment of

> a person

> who meets these conditions extends beyond ninety (90) days, all

> requirements

> of this section shall take effect.

> (g) An administrator or other person responsible for employment

> decisions in

> a school or other institution under this section who willfully fails

> to

> comply with the provisions of this section commits a violation of

> this act

> and shall be subject to civil penalty as provided in this section.

>

> (1) The department shall have jurisdiction to determine violators of

> this

> section and may, following a hearing, assess a civil penalty not to

> exceed

> two thousand five hundred dollars ($2,500).

>

> (2) The civil penalty shall be payable to the Commonwealth.

>

> (h) No person employed in a public or private school on the

> effective date of

> this section shall be required to obtain the information required

> herein as a

> condition of continued employment. Any person who has once obtained

> the

> information required under this section may transfer to another

> school in the

> same district or established and supervised by the same organization

> and

> shall not be required to obtain additional reports before making

> such

> transfer.

>

> (i) Notwithstanding subsections ( and ©, administrators may

> employ

> applicants on a provisional basis for a single period not to exceed

> thirty

> (30) days or, for out-of-State applicants, a period of ninety (90)

> days,

> except during a lawful strike proceeding under the provisions of the

> act of

> July 23, 1970 (P.L.563, No.195), known as the " Public Employee

> Relations

> Act, " provided that all of the following conditions are met:

>

> (1) the applicant has applied for the information required under

> subsection

> ( and, where applicable, under subsection © and the applicant

> provides a

> copy of the appropriate completed request forms to the

> administrator;

> (2) the administrator has no knowledge of information pertaining to

> the

> applicant which would disqualify him from employment pursuant to

> subsection

> (e);

> (3) the applicant swears or affirms in writing that he is not

> disqualified

> from employment pursuant to subsection (e);

> (4) if the information obtained pursuant to subsection ( or ©

> reveals

> that the applicant is disqualified from employment pursuant to

> subsection

> (e), the applicant shall be suspended and subject to termination

> proceedings

> as provided for by law; and

> (5) the administrator requires that the applicant not be permitted

> to work

> alone with children and that the applicant work in the immediate

> vicinity of

> a permanent employee.

>

>

> 24 PS 13-1303a Immunization required; penalty

>

> (a) It shall be the duty of all school directors, superintendents,

> principals, or other persons in charge of any public, private,

> parochial, or

> other school including kindergarten, to ascertain that every child,

> prior to

> admission to school for the first time has been immunized, as the

> Secretary

> of Health may direct, against such diseases as shall appear on a

> list to be

> made and from time to time reviewed by the Advisory Health Board.

> All

> certificates of immunization shall be issued in accordance with the

> rules and

> regulations promulgated by the Secretary of Health with the sanction

> and

> advice of the Advisory Health Board.

>

> ( Any person who shall fail, neglect, or refuse to comply with, or

> who

> shall violate, any of the provisions or requirements of this

> section, except

> as hereinafter provided, shall, for every such offense, upon summary

>

> conviction thereof, be sentenced to pay a fine of not less than five

> dollars

> ($5) nor more than one hundred dollars ($100), and in default

> thereof, to

> undergo an imprisonment in the jail of the proper county for a

> period not

> exceeding sixty (60) days. All such fines shall be paid into the

> treasury of

> the school district.

>

> © The provisions of this section shall not apply in the case of

> any child

> deemed to have a medical contraindication which may contraindicate

> immunization and so certified by a physician. Such certificates may

> be

> accepted in lieu of a certificate of immunization.

>

> (d) The provisions of this section shall not apply in the case of

> any child

> whose parent or guardian objects in writing to such immunization on

> religious

> grounds

>

>

>

>

>

>

________________________________________________________________

YOU'RE PAYING TOO MUCH FOR THE INTERNET!

Juno now offers FREE Internet Access!

Try it today - there's no risk! For your FREE software, visit:

http://dl.www.juno.com/get/tagj.