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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2015

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14 DE Admin. Code 804
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks to amend 14 DE Admin. Code 804 Immunizations. This regulation is being amended to be in alignment with advice from the Delaware Division of Public Health related to immunizations for students. This regulation has been and continues to be promulgated pursuant to 14 Del.C. §131. A purpose statement has been added to specify this statutory requirement.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on April 27, 2015, in the form hereto attached as Exhibit “A”. Comments were received from the March of Dimes Foundation-Delaware Chapter, Pfizer, Immunization Coalition of Delaware, Delaware School Nurse Association, Sanofi Pasteur, Sussex County Health Promotion Coalition, the Delaware Division of Public Health, Nemours/ Alfred I. duPont Hospital for Children, the State Council for Persons with Disabilities and the Governor’s Advisory Council for Exceptional Citizens. Please note the adding of the purpose statement as 1.0 required the regulation to be renumbered. The comment references have been updated to align with the new numbering.
II. Findings of Facts
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 804 Immunizations in order to ensure that this regulation is in alignment with recommendations made by the Delaware Department of Public Health related to immunizations for students.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 804. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 804 attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 804 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.
IV. Text and Citation
The text of 14 DE Admin. Code 804 amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 804 in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on June 18, 2015. 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 18th day of June 2015.
[12].0 Definitions
[“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.
"Entering Grade 9 Students" means any child entering Grade 9 or an equivalent school or program for this age.]
"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 School”, 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.]
[23].0 Minimum Immunizations Required for All School Enterers
[23].1 All School Enterers shall have immunizations given up to four days prior to the minimum interval or age and shall include:
[23].1.1 Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP, or other approved vaccine) [or a an approved combination of these vaccines (DTaP, DTP, DT, or other).] A booster dose of Td or Tdap (adult) is recommended by the Division of Public Health for all students at age 11 or five years after the last DTaP, DTP or DT dose was administered whichever is later. [(DTaP, DTP, or other Approved Vaccine)] Notwithstanding this requirement:
[23].1.1.1 A child who received a fourth dose prior to his or her fourth birthday shall have a fifth dose;
[23].1.1.2 A child[,] who received the first dose of Td (adult) diphtheria and tetanus containing vaccine as adult Td vaccine at or after age seven[,] may meet this requirement with only three doses of Td or [aApproved Vaccine formulation, e.g., Tdap] (adult).
[23].1.2 Three or more doses of inactivated polio virus vaccine (IPV), oral polio vaccine (OPV), or a[n Approved Vaccine combination of these vaccines]. Notwithstanding this requirement:
[23].1.2.1 A child who received a third dose prior to his or her fourth birthday shall have a fourth dose.
[23].1.3 Two doses of measles, mumps and rubella (MMR) [Approved vV]accine. The first dose should be administered on or after the age of 12 months. The second dose should be administered after the fourth birthday. [Individual combination vaccines of measles, mumps, rubella (MMR) may be used to meet this requirement.]
[23].1.3.1 Disease histories for measles, rubella and mumps shall not be accepted unless serologically confirmed.
[23].1.4 Three doses of Hepatitis B vaccine.
[23].1.4.1 For children 11 to 15 years old age, two doses of a[n Approved vVaccine approved by the Center for Disease Control (CDC)] may be used.
[23].1.4.2 Titers are not acceptable in lieu of completing the vaccine series and a disease history for Hepatitis B shall not be accepted unless serologically confirmed.
[23].1.5 Two doses of Varicella [Approved vV]accine. is required beginning in the 2003-2004 school year with kindergarten. One grade shall be added each year thereafter so that by the 2015-2016 school year all children in grades kindergarten through 12 shall have received the vaccination. Beginning in the 2008-2009 school year new enterers into the affected grades shall be required to have two doses of the Varicella vaccine. The first dose shall be administered on or after the age of twelve (12) months and the second at kindergarten entry into a Delaware public school. A written disease history, provided by the health care provider, parent, legal guardian, Relative Caregiver or School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will be accepted in lieu of the Varicella vaccination. Beginning in the 2008-2009 school year, a disease history for the Varicella vaccination must be verified by a health care provider to be exempted from the vaccination. [Students who entered during or prior to the 2008-2009 school year are required to have one dose. By the 2020-2021 school year all students must have two doses. DPH strongly recommends two doses for all students regardless of date of school entry.]
[23].1.5.1 The first dose [shall should] be administered on or after the age of twelve (12) months and the second at kindergarten entry into a Delaware public school.
[23].1.5.2 A written disease history, provided by the health care provider, will be accepted in lieu of the Varicella vaccination.
[23].2 Children who enter school prior to age four (4) shall follow current Delaware Division of Public Health recommendations.
[34].0 Minimum Immunizations for [Entering Grade 9 Secondary School] Students
[34].1 Beginning in school year 2016-2017[, in addition to those in Section 2.0, proof of the below identified immunizations shall be provided by Ee]ntering [Gg]rade 9 [Ss]tudents[. These immunizations are strongly recommended, but not required, for Entering Grade 9 Students in school year 2015-2016: shall show proof of immunizations. One Secondary School grade shall be added each year thereafter.]
[34].1.1 An adolescent booster dose of [DTaP or DTP administered at age 11 or five years after the last DTaP, DTP, or DT dose, whichever is later Tdap or other Approved Vaccine administered at age 11-12 (preferred) or prior to entry to Grade 9].
[34].1.2 One dose of meningococcal [Approved vV]accine.
[34].2 Schools will coordinate with the Division of Public Health to [provide assure] services to non-compliant [Entering Grade 9 Secondary School Ss]tudents.
(Non-regulatory guidance: Please refer to 14 DE Admin. Code 815 Health Examinations and Screenings for health examinations required for entering grade 9 students.)
3.0[45].0 Certification of Immunization
3[45].1 The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18)[, 14 Del.C. §131(a)(9),] shall present a certificate specifying the month, day, and year that the immunizations were administered by a licensed health care practitioner.
3[45].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)[, 14 Del.C. §131(a)(9),] 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.
3[45].3 A [sS]chool [eE]nterer may be conditionally admitted to a Delaware school district by presenting a statement from a licensed health care practitioner who specifies that the School Enterer has received at least:
3[45].3.1 One dose of DTaP, or DTP, or DT[, or Approved Vaccine]; and
3[45].3.2 One dose of IPV or OPV[, or Approved Vaccine]; and
3[45].3.3 One dose of measles, mumps and rubella (MMR) [Approved vV]accine; and
3[45].3.4 The first dose of the Hepatitis B series; and
3[45].3.5 One dose of Varicella vaccine as per 2.5.
[45].3.6 One dose of meningococcal vaccine[, if entering a Secondary School according to 4.1 and 4.1.2].
3[45].4 14 DE Admin. Code 901 Education of Homeless Children and Youth 6.0 states that "School districts [and charter schools] shall ensure that policies concerning immunization, guardianship and birth certificates do not create barriers to the school enrollment of homeless children and youth". To that end, school districts shall as stated in 14 DE Admin. Code "assist homeless children and youth in meeting the immunization requirements".
3[45].5 Title 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, [provides that] a School Enterer or [Entering Grade 9 Secondary School Ss]tudent 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 the basic a series of immunizations required by this regulation.
3[45].6 If the School Enterer or [Entering Grade 9 Secondary School Ss]tudent fails to complete the series of required immunizations, the parent, legal guardian, Relative Caregiver or a school enterer student who has reached the statutory age of majority (18)[, 14 Del.C. §131(a)(9),] shall be notified that the School Enterer or [Entering Grade 9 Secondary School Ss]tudent will be excluded according to 14 Del.C. §131.
4.0[56].0 Lost or Destroyed Immunization Record
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 [sS]chool [eE]nterer who has reached the statutory age of majority (18)[, 14 Del.C. §131(a)(9),] shall sign a written statement to this effect and must obtain at least one dose of each of the immunizations as identified in 3.3 [45].3. Evidence that the vaccines were administered shall be presented to the superintendent or his or her designee.
5.0[67].0 Exemption from Immunization
5[67].1 Exemption from this requirement may be granted in accordance with 14 Del.C. §131 which permits approved medical and notarized religious exemptions.
[67].1.1 Medical exemptions are reviewed and approved by the Delaware Division of Public Health.
5[67].2 Alternative dosages or immunization schedules may be accepted with the written approval of the Delaware Division of Public Health.
6.0[78].0 Verification of School Records
7.0[89].0 Documentation
7[89].1 School nurses shall record and maintain documentation of each student's immunization status.
7[89].2 Each student's immunization record shall be included in the Delaware Immunization Registry.
Last Updated: December 31 1969 19:00:00.
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