Policy FDAB - Health Requirements and Services: Immunizations

The following definitions apply within this policy:

1. “Enroller” means an individual who enrolls a student in a public school.
2. “Immunization record” means a record relating to a student that includes:
   1. Information regarding each required vaccine that the student has received, including the date each vaccine was administered, and which is verified by one of the following: a licensed health care provider, a registered nurse, a pharmacist, an authorized representative of a local health department, or an authorized representative of the Utah Department of Health and Human Services; and
   2. Information regarding each disease against which the student has been immunized by previously contracting the disease; and
   3. An exemption form identifying each required vaccination from which the student is exempt.
3. “Legally responsible individual” means:
   1. The student’s parent, legal guardian, or (if the student does not have a legal guardian) an adult brother or sister of the student; or
   2. The student, if the student is an adult or is a minor who may give consent under Utah Code § 26B-4-321 (which identifies certain minors who may consent to vaccinations and examinations for school attendance).
4. “Licensed health care provider” means a health care provider licensed by the Division of Occupational and Professional Licensing of the Utah Department of Commerce as a medical doctor, an osteopathic doctor, a physician assistant, or an advance practice registered nurse.
5. “Local health department” means the same as that term is defined in Utah Code § 26A-1-102.
6. “Newcomer student” means a student who is three through 21 years old, was not born in any state, and has not attended one or more schools in one or more states for more than three full academic years.
7. “Required vaccine” means a vaccine required by the Utah Department of Health and Human Services as a condition of attending school.
8. “Social service provider” means one of the following persons licensed to practice under Utah Code § 58-60-205 or staff employed to provide direct support to one of these persons:
   1. A clinical social worker;
   2. A certified social worker; or
   3. A social service worker.
9. “Vaccination exemption form” means a form established by the Utah Department of Health and Human Services and which documents and verifies that a student is exempt from the requirement to receive one or more vaccines.

Utah Code § 53G-9-301 (2023)

Utah Code § 53G-6-603(1)(b) (2022)

Utah Code § 53G-9-308(1) (2022)

Utah Code § 53E-3-524(1)(a), (d) (2023)

Immunization Required for School Admission

Except for the circumstances specified elsewhere in this policy, a student may not attend a school in the District unless the school has received an immunization record from a permitted source (which are the legally responsible individual of the student, the student’s former school, or a statewide registry) that shows either that the student has received all required vaccinations or that the student has immunity from the disease for which the vaccination is required or that the student is exempt from receiving the vaccination.

Utah Code § 53G-9-302(1) (2018)

Utah Admin. Rules R396-100-3 (January 13, 2020)

Obtaining and Maintaining Immunization Records

Each school shall request an immunization record for each student at the time the student enrolls in the school and shall retain the immunization record as part of the student’s permanent school record.

Utah Code § 53G-9-306(1) (2022)

Within five business days after a student enrolls in a school, a person designated by the principal or other administrator shall determine whether the school has received an immunization record for the student, shall review the student’s immunization record for compliance with the requirements for that record, and shall identify any deficiencies in the immunization record.

Utah Code § 53G-9-306(2)(a) (2022)

Each school shall maintain a current list of all enrolled students which notes:

1. Each student for whom the school has received a valid and complete immunization record;
2. Each student who is exempt from receiving a required vaccine;
3. Each student who is attending school under conditional enrollment; and
4. For each student, each disease against which the student is not immunized.

Utah Code § 53G-9-309(1), (2) (2022)

The student names on this immunization list are confidential and private information and, notwithstanding the requirements of GRAMA, may only be released as provided for in Utah Code Title 26B or Utah Code § 53E-9-202.

Utah Code § 53G-9-309(4) (2022)

Utah Code § 53E-9-202 (2019)

Utah Code § 26B-1-212 (2022)

The District and district schools may share a student immunization record or other records relating to vaccination or immunization with other schools or school districts and with local and state health departments and the Utah Department of Human Services as necessary to ensure compliance with student immunization requirements and to prevent, investigate, and control the causes of epidemic, infectious, communicable, and other diseases affecting the public health.

Utah Code § 26B-1-212 (2022)

 Upon request, a school shall provide a student’s immunization record to a new school to which a student transfers (this does not require consent of the student’s legally responsible individual).

Utah Code § 53G-9-306(3) (2022)

Exemptions

Vaccination with required vaccines is not a prerequisite for admission to the District schools if the student qualifies for a medical or personal exemption to the vaccination requirement.

1. A student qualifies for the medical exemption if the student’s legally responsible individual provides the school with:
   1. A completed vaccination exemption form and
   2. A written notice signed by a licensed health care provider stating that, due to the physical condition of the student, administration of the vaccine would endanger the student's life or health.
2. A student qualifies for the personal exemption if the student’s legally responsible individual provides the school with a completed vaccination form stating that the student is exempt from the vaccination because of a personal or religious belief.

A vaccination exemption form is valid for as long as the student remains at the school to which the form is first presented. If the student changes schools before the student is old enough to enroll in kindergarten, the form accepted as valid at the student’s previous school is valid until the earlier of the day on which the student enrolls in kindergarten or turns six years old. If the student changes schools after the student is old enough to enroll in kindergarten but before the student is eligible to enroll in grade 7, the form accepted as valid at the student’s previous school is valid until the earlier of the day on which the student enrolls in grade 7 or turns twelve years old. (However, regardless of a school change before grade 7 or age twelve, an exemption form obtained through the online education module is valid for at least 2 years.) If the student changes schools after the student is old enough to enroll in grade 7, the form accepted as valid at the student’s previous school is valid until the student completes grade 12. If the school offers both remote and in-person learning options, a student with a vaccination exemption may not be denied the opportunity to participate in in-person learning based on the student’s vaccination status.  

Utah Code § 53G-9-303 (2023)

Conditional Enrollment

If upon review it is determined that the school has not received an immunization record for a newly enrolled student, or that there are deficiencies in the immunization record, the school shall place the student on conditional enrollment and within five days of doing so provide written notice (in person or by mail) to the student’s “enroller”. This notice shall state that the student has been placed on conditional enrollment for failing to meet the immunization record requirements, shall describe the deficiencies in the immunization record or state that no immunization record has been provided, shall give notice that the student will not be allowed to attend school unless a compliant record is provided or the deficiencies are cured within the conditional enrollment period, and shall describe the process for obtaining a required vaccination. When possible, the notice shall be delivered in the enroller’s preferred language and using one of the following methods as determined by mutual agreement between the enroller and the school: written notice delivered in person, written notice by mail, written notice by email or other electronic means, or telephone (including voice mail).

Utah Code § 53G-9-306(2)(b) (2022)

Utah Code § 53G-9-308(3) (2022)

If the school receives a compliant immunization record within the conditional enrollment period, the student shall remove the conditional enrollment status. Unless an extension is granted as provided below, if the record is not provided within the conditional enrollment period, the student shall be prohibited from attending the school.

Utah Code § 53G-9-308(4), (5), (2022)

The conditional enrollment period is the time period during which the student’s immunization record is under review by the school or 30 calendar days after the school provides notice of the lack of or a deficiency in an immunization record. The student must begin receiving required immunizations within 30 calendar days of school enrollment. Where the student is receiving multiple doses of a required vaccine, the principal or other administrator shall extend the conditional enrollment period by the amount of time medically recommended to complete all required vaccination dosages. The principal or other administrator may grant an extension of the conditional enrollment period in extenuating circumstances if there is an agreement between an administrator and one of the following; a school nurse, a health official, or a health official designee (including a social service provider or a culturally competent and trauma-informed community representative); that an extension will likely lead to compliance. A newcomer student enrolling in a school for the first time constitutes an extenuating circumstance.

Utah Code § 53G-9-308(2), (6), (2022)

Utah Admin. Rules R396-100-7 (January 13, 2020)

 Conditional Enrollment of Military Child

A military child who at the time of school enrollment has not been completely immunized against each specified disease may attend under a conditional enrollment and shall be given 30 days from the day of enrollment to obtain:

1.         Each specified vaccine if the specified vaccine only requires one dose; and

2.         At least the first dose of a specified vaccine if the specified vaccine is a series of vaccines.

Except as provided above, a military child is subject to rules developed by the Utah Health Department in accordance with Utah Code § 53G-9-305.

Utah Code § 53E-3-905(3) (2018)

Action Upon Disease Outbreak

In the case of a disease outbreak, the school principal or other administrator shall, upon the request of an official from a local health department, take the following steps:

1. Identify each student who is not immune to the outbreak disease;
2. Notify the legally responsible individual of any such student, providing information regarding steps the legally responsible individual may take to protect students; and
3. For a period determined by the local health official, but not to exceed the duration of the disease outbreak, do one of the following at the discretion of the principal or other administrator after obtaining approval from the local health department:
   1. Provide a separate educational environment for non-immune students that ensures the protection of those students and of the remainder of the student body; or
   2. Prevent non-immune students from attending school.

Utah Code § 53G-9-309(3) (2022)