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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2016

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14 DE Admin. Code 804
The Secretary of Education intends to amend 14 DE Admin. Code 804 Immunizations. This regulation is being amended to align with 14 Del.C. §131 which provides explicit language related to the responsibilities of Delaware public schools and parents for exemptions from immunizations.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on October 1, 2016, in the form hereto attached as Exhibit "A". Comments were received from the State Council for Persons with Disabilities (SCPD) and the Governor's Advisory Council for Exceptional Citizens (GACEC) regarding the need for clarification of the administrator's title for districts and charters (i.e., "superintendent" or "chief school officer"). The Department thanks the Councils for this suggestion and agrees that updating the regulation so that the appropriate administrative title for the respective type of school leader is needed. The regulation was updated accordingly.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 804 Immunizations in order to align it with 14 Del.C. §131 which provides explicit language related to the responsibilities of the school and parents for exemptions from immunizations.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 804 Immunizations. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 804 Immunizations attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 804 Immunizations hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 804 Immunizations amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 804 Immunizations in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on November 17, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 17th day of November 2016.
This regulation is promulgated pursuant to Title 14 Del.C. Ch. 1, §131 which states that, “the Department (of Education) shall from time to time, with advice from Division of Public Health (DPH), adopt and promulgate rules and regulations to establish an immunization program to protect pupils enrolled in public schools from certain diseases.
"Affidavit of Religious Belief" means, pursuant to 14 Del.C. Ch. 1, §131(a)(6), the statement to request exemption from immunizations based on individual religious beliefs.
Approved Vaccine” means a vaccine, vaccine combination, formulation, or schedule which has been reviewed and accepted by the Division of Public Health (DPH) based upon Centers for Disease Control and Prevention (CDC) Recommended Immunization Schedule.
"School Enterer" means any child between birth and twenty (20) years inclusive entering or being admitted to a Delaware public school district or public school for the first time, including but not limited to, foreign exchange students, immigrants, students from other states and territories and children entering from nonpublic schools.
Secondary Schoolmeans, for the purposes of this regulation, means a school with a grade or age configuration including any of the following: grade 9, grade 10, grade 11, or grade 12.
(Non-regulatory guidance: Please refer to 14 DE Admin. Code 815 Health Examinations and Screenings for health examinations required for entering grade 9 students.)
5.0 Certification Documentation of Immunization
5.1 The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18) shall present a certificate documentation specifying the month, day, and year that the immunizations were administered by a licensed health care practitioner.
5.2 According to 14 Del.C. §131, a principal or person in charge of a school shall not permit a child to enter into school without acceptable evidence of immunization. The parent, legal guardian, Relative Caregiver, or a School Enterer who has reached the statutory age of majority (18) shall be notified of this requirement in writing. Within 14 calendar days after notification, evidence must be presented to the school that the basic series of immunizations has been initiated or has been completed.
5.5 In accordance with the provisions of 14 Del.C., Ch. 1, Subchapter III-A Interstate Compact on Education For Children of Military Families (MIC3) and its enabling regulation, a School Enterer or Secondary School student who is subject to MIC3 shall be allowed thirty (30) calendar days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, to obtain or to initiate a series of immunizations required by this regulation.
When a student’s immunization record has been lost or destroyed by the medical provider who administered the vaccine, the parent, legal guardian, Relative Caregiver, or a School Enterer who has reached the statutory age of majority (18), or the school nurse shall sign a written statement to this effect and must obtain at least one dose of each of the immunizations as identified in subsection 5.3. Evidence that the vaccines were administered shall be presented to the [district] superintendent [or charter school chief administrative officer] or his or her designee.
7.1 Exemption from this requirement may be granted in accordance with 14 Del.C. §131 and this regulation which permits approved medical and notarized religious exemptions.
7.1.1 Medical exemptions are reviewed and approved by the Delaware Division of Public Health Medical exemptions shall be considered based on a written statement from a physician, i.e., medical doctor or doctor of osteopathy, stating that immunization is medically contraindicated.
Last Updated: December 31 1969 19:00:00.
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