Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Duties of a school director, superintendent, principal or other person
in charge of a public, private, parochial or nonpublic school. Each
school director, superintendent, principal, or other person in charge of a
public, private, parochial or nonpublic school in this Commonwealth, including
vocational schools, intermediate units, and special education and home
education programs, cyber and charter schools, shall ascertain that a child has
been immunized in accordance with the requirements in subsections (b), (c) and
(e) prior to admission to school for the first time, under section 1303 of the
Public School Code of 1949 (24 P.S. §
13-1303a), regarding immunization required;
penalty.
(b)
Required for
attendance. All of the following immunizations are required as a
condition of attendance at school in this Commonwealth:
(1)
Diphtheria, tetanus and
pertussis. Four or more properly-spaced doses administered in a
combination form (diphtheria and tetanus toxoids and acellular pertussis (DTaP)
or diphtheria and tetanus toxoids and pertussis (DTP)). If a child has a
contraindication to pertussis vaccine, the child shall receive
diphtheria-tetanus toxoid vaccine (DT) to complete the vaccination series. The
fourth dose shall be administered on or after the 4th birthday.
(2)
Poliomyelitis. Four
properly-spaced doses of either oral polio vaccine or inactivated polio
vaccine, which may be administered as a single antigen vaccine, or in a
combination form. The fourth dose shall be administered on or after the 4th
birthday and at least 6 months after the previous dose.
(3)
Measles (rubeola), mumps and
rubella (German measles). One of the following:
(i)
Multiple antigens. Two
properly-spaced doses of live attenuated measles, mumps, rubella combination
vaccine, the first dose administered at 12 months of age or older.
(ii)
Single antigens. In the
event the antigens were given separately, and not in a combination vaccine, the
dosage is as follows:
(A) Two properly-spaced
doses of live attenuated measles vaccine, the first dose administered at 12
months of age or older.
(B) One
dose of live attenuated rubella vaccine, administered at 12 months of age or
older.
(C) Two properly-spaced
doses of live attenuated mumps vaccine, administered at 12 months of age or
older.
(iii)
Evidence of immunity. Evidence of immunity may be shown by a
history of measles and rubella immunity proved by laboratory testing by a
laboratory with the appropriate certification and a written statement of a
history of mumps disease from a physician, certified registered nurse
practitioner or physician assistant.
(4)
Hepatitis B. Three
properly-spaced doses of hepatitis B vaccine, unless a child receives a vaccine
as approved by the United States Food and Drug Administration for a two-dose
regimen, or a history of hepatitis B immunity proved by laboratory testing.
Hepatitis B vaccine may be administered as single antigen vaccine or in a
combination form.
(5)
Varicella (chickenpox). One of the following:
(i)
Varicella vaccine. Two
properly-spaced doses of varicella vaccine, the first dose administered at 12
months of age or older. Varicella vaccine may be administered as a single
antigen vaccine or in a combination form.
(ii)
Evidence of immunity.
Evidence of immunity may be shown by one of the following:
(A) Laboratory evidence of immunity or
laboratory confirmation of disease.
(B) A written statement of a history of
chickenpox disease from a parent, guardian, physician, certified registered
nurse practitioner or physician assistant.
(c)
Special requirements
for tetanus and diphtheria toxoids and acellular pertussis vaccine and
meningococcal conjugate vaccine (MCV).
(1)
Required for entry into 7th
grade. In addition to the immunizations listed in subsection (b), the
following immunizations are required at any public, private, parochial or
nonpublic school in this Commonwealth, including vocational schools,
intermediate units, special education and home education programs, and cyber
and charter schools, as a condition of entry for students entering the 7th
grade, or, in an ungraded class, for students in the school year that the
student is 12 years of age:
(i)
Tetanus and diphtheria toxoids and acellular pertussis vaccine
(Tdap). One dose of Tdap in a combination form.
(ii)
Meningococcal conjugate vaccine
(MCV). One dose of MCV.
(iii)
Exclusion. A child who
does not have an exemption as permitted by §
23.84 (relating to exemption from
immunization) and who does not receive the immunizations as required in
subparagraphs (i) and (ii) may be excluded in that school year and each
succeeding school year that the child fails to obtain the required
immunization.
(2)
Required for entry into 12th grade. In addition to the
immunizations listed in subsection (b) and this subsection, one dose of MCV is
required for entry into 12th grade at any public, private, parochial or
nonpublic school in this Commonwealth, including vocational schools,
intermediate units, special education and home education programs, and cyber
and charter schools, or, in an ungraded class, for students in the school year
that the student is 18 years of age, if the child has not received a previous
dose on or after the child's 16th birthday. A dose of MCV received at 16 years
of age or older shall count as the 12th grade dose.
(d)
Child care group
setting. Attendance at a child care group setting located in a public,
private or vocational school, or in an intermediate unit, is conditional upon
the child's satisfaction of the immunization requirements in §
27.77 (relating to immunization
requirements for children in child care group settings).
(e)
Prekindergarten programs, early
intervention programs' early childhood special education classrooms and private
academic preschools. Attendance at a prekindergarten program operated
by a school district, an early intervention program operated by a contractor or
subcontractor including intermediate units, school districts and private
vendors, or at private academic preschools is conditional upon the child's
satisfaction of the immunization requirements in § 27.77.
(f)
Grace period. A vaccine
dose administered within the 4-day period prior to the minimum age for the
vaccination or prior to the end of the minimum interval between doses shall be
considered a valid dose of the vaccine for purposes of this chapter. A dose
administered greater than 4 days prior to minimum age or interval for a dose is
invalid for purposes of this regulation and shall be repeated.
The provisions of this §23.83 amended under section 1303
of the Public School Code of 1949 (24 P.S. §
13-1303); section 16(a)(6) and (b) of the
Disease Prevention and Control Law of 1955 (35 P.S. §
521.16(a)(6) and (b)); and
sections 2102(g) and 2111 of The Administrative Code of 1929 (71 P.S.
§§
532(g) and
541).
This section cited in 22 Pa. Code §405.49 (relating to
immunizations); 28 Pa. Code §
23.82 (relating to definitions);
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).
