PA Exemption law

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TITLE 24. EDUCATION

CHAPTER 1. PUBLIC SCHOOL CODE OF 1949

ARTICLE XIII. PUPILS AND ATTENDANCE

(A) ATTENDANCE

24 P.S. § 13-1303a (2002)

§ 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.

§ 23.84. Exemption from immunization.

(a) Medical exemption. Children need not be immunized if a physician or the

physician’s designee provides a written statement that immunization may be

detrimental to the health of the child. When the physician determines that

immunization is no longer detrimental to the health of the child, the child

shall be immunized according to this subchapter.

( Religious exemption. Children need not be immunized if the parent,

guardian or emancipated child objects in writing to the immunization on

religious grounds or on the basis of a strong moral or ethical conviction

similar to a religious belief.

Source

The provisions of this § 23.84 amended through September 17, 1982, effective

August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23,

1997, 27 Pa.B. 4317. Immediately preceding text appears at serial pages

(164332) to (164333) and (129145).

Cross References

This section cited in 22 Pa. Code § 11.20 (relating to nonimmunizated children);

22 Pa. Code § 51.13 (relating to immunization); 28 Pa. Code § 23.85 (relating to

responsibilities of schools and school administrators); and 28 Pa. Code § 27.77

(relating to immunization requirements for children in child care group

settings).