Text of Statute

(A) Except as otherwise provided in this division, no pupil, at the time of initial entry or at the beginning of each school year, to an elementary or high school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission, that the pupil has been immunized by a method of immunization approved by the department of health pursuant to section 3701.13 of the Revised Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella or is in the process of being so immunized. Also, except as provided in this division, no pupil who begins kindergarten at an elementary school subject to the state board of education's minimum standards during or after the school year beginning in 1999 shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission that the pupil has been immunized by a department of health-approved method of immunization against hepatitis B or is in the process of being so immunized. "In the process of being so immunized" means the pupil has been immunized against mumps, rubeola and rubella, and if the pupil has not been immunized against poliomyelitis, diphtheria, pertussis, tetanus, and hepatitis B, the pupil has received at least the first dose of the immunization sequence, and presents written evidence to the pupil's building principal of each subsequent dose required to obtain immunization at the intervals prescribed by the director of health. Any student previously admitted under the "in process of being so immunized" provision and who has not complied with the immunization intervals prescribed by the director of health shall be excluded from school on the fifteenth day of the following school year. Any student so excluded shall be readmitted upon showing evidence to the student's building principal of progress on the director of health's interval schedule.

(1) A pupil who has had natural rubeola, and presents a signed statement from the pupil's parent or physician to that effect, is not required to be immunized against rubeola.

(2) A pupil was has had natural mumps, and presents a signed statement from the pupil's parent or physician to that effect, is not required to be immunized against mumps.

(3) A pupil who presents a written statement of the pupil's parent or guardian in which the parent or guardian objects to the immunization for good cause, including religious convictions, is not required to be immunized.

(4) A child whose physician certifies in writing that such immunization against any disease is medically contraindicated is not required to be immunized against that disease. This section does not limit or impair the right of a board of education of a city, exempted village, or local school district to make and enforce rules to secure immunization against mumps, poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B of the pupils under its jurisdiction.

(B) Boards of health, legislative authorities of municipal corporations, and boards of township trustees on application of the board of education of the district or proper authority of any school affected by this section, shall provide at the public expense, without delay, the means of immunization against mumps, poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B to pupils who are not so provided by their parents or guardians.

HISTORY: 128 v 707 (Eff 7-7-59); 133 v S 60 (Eff 8-11-69); 133 v S 300 (Eff 11-6-69); 134 v S 450 (Eff 9-27-72); 137 v S 282 (Eff 7-7-78); 140 v H 641 (Eff 7-26-84); 147 v S 153. Eff 9-30-98.