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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2015

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14 DE Admin. Code 804
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 804 Immunizations. This regulation is being amended to be in alignment with recommendations made by the Delaware Division of Public Health related to immunizations for students.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 5, 2015 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed or obtained at the Department of Education, Finance Office located at the address listed above.
"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.
2.1.1 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. Notwithstanding this requirement: 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 approved formulation, e.g., Tdap (adult).
2.1.2 Three or more doses of inactivated polio virus vaccine (IPV), oral polio vaccine (OPV), or a combination of these vaccines. Notwithstanding this requirement:
2.1.5 Two doses of Varicella vaccine. 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.
(Non-regulatory guidance: Please refer to 14 DE Admin. Code 815 Health Examinations and Screenings for health examinations required for entering grade 9 students.)
3.04.0 Certification of Immunization
34.1 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.
34.2 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.
34.3 A school enterer 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:
34.3.1 One dose of DTaP, or DTP, or DT; and
34.3.2 One dose of IPV or OPV; and
34.3.3 One dose of measles, mumps and rubella (MMR) vaccine; and
34.3.4 The first dose of the Hepatitis B series; and
34.3.5 One dose of Varicella vaccine as per 2.5.
34.4 14 DE Admin. Code 901 Education of Homeless Children and Youth 6.0 states that "School districts 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".
34.5 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 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 the basic a series of immunizations required by this regulation.
34.6 If the School Enterer or Entering Grade 9 Student 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 Student will be excluded according to 14 Del.C. §131.
4.05.0 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 school enterer 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 4.3. Evidence that the vaccines were administered shall be presented to the superintendent or his or her designee.
5.06.0 Exemption from Immunization
56.1 Exemption from this requirement may be granted in accordance with 14 Del.C. §131 which permits approved medical and notarized religious exemptions.
56.2 Alternative dosages or immunization schedules may be accepted with the written approval of the Delaware Division of Public Health.
6.07.0 Verification of School Records
7.08.0 Documentation
78.1 School nurses shall record and maintain documentation of each student's immunization status.
78.2 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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