TITLE 20. EDUCATION
ARTICLE 8.1. PUPILS
CHAPTER 7. HEALTH MEASURES
Burns Ind. Code Ann. § 20-8.1-7-2 (2002)
§ 20-8.1-7-2. Objections to health treatment
(a) Except as otherwise provided, a school child may not be required to undergo any testing, examination, immunization, or treatment required under this chapter when the child's parent objects on religious grounds. A religious objection does not exempt a child from any testing, examination, immunization, or treatment required under this chapter unless the objection is:
(1) Made in writing;
(2) Signed by the child's parent; and
(3) Delivered to the child's teacher or to the individual who might order a test, an exam, an immunization, or a treatment absent the objection.
(b) A teacher may not be compelled to undergo any testing, examination, or treatment under this chapter when the teacher objects on religious grounds. A religious objection will not exempt an objecting individual from any testing, examination, or treatment required under this chapter unless the objection is:
(1) Made in writing;
(2) Signed by the objecting individual; and
(3) Delivered to the principal of the school in which the objecting individual teaches.
Burns Ind. Code Ann. § 20-8.1-7-2.5 (2002)
§ 20-8.1-7-2.5. Exception where immunization may be harmful to child
If any physician certifies that a particular immunization required by this chapter is or may be detrimental to the child's health, the requirements of this chapter for that particular immunization is inapplicable for that child until it is found no longer detrimental to the child's health.
§ 20-8.1-7-9.5. Immunization against specific diseases required
(a) Every child residing in Indiana shall be immunized against:
(2) pertussis (whooping cough);
(6) poliomyelitis; and
(b) Every child residing in Indiana who enters kindergarten or grade 1 shall be immunized against hepatitis B.
(c) The state department of health may expand or otherwise modify the list of communicable diseases that require documentation of immunity as medical information becomes available that would warrant the expansion or modification in the interest of public health.
(d) The state department of health shall adopt rules under IC 4-22-2 specifying the:
(1) required immunizations;
(2) child's age for administering each vaccine;
(3) adequately immunizing doses; and
(4) method of documentation of proof of immunity.
(e) Each school shall notify each parent of a child who enrolls in the school of the requirement that the child must be immunized and that the immunization is required for the child's continued enrollment, attendance, or residence at the school unless:
(1) the parent or child provides the appropriate documentation of immunity; or
(2) section 2 or 2.5 [IC 20-8.1-7-2 or IC 20-8.1-7-2.5] of this chapter applies.
§ 20-8.1-7-10.1. Statement of immunization history
(a) Each school shall require the parents of a child who has enrolled in the school to furnish no later than the first day of school a written statement of the child's immunization, accompanied by the physician's certificates or other documentation, unless a written statement of this nature is on file with the school.
(b) The statement must show, except for a child covered by section 2 or 2.5 [IC 20-8.1-7-2 or IC 20-8.1-7-2.5] of this chapter, that the child has been immunized as required under section 9.5 [IC 20-8.1-7-9.5] of this chapter. The statement must include the child's date of birth and the date of each immunization.
(c) A child may not be permitted to attend school beyond the first day of school without furnishing this written statement, unless:
(1) The school gives the parents of the child a waiver; or
(2) The local health department or a physician determines that the child's immunization schedule has been delayed due to extreme circumstances and that the required immunizations will not be completed before the first day of school.
The waiver referred to in subdivision (1) may not be granted for a period that exceeds twenty (20) days. If subdivision (2) applies, the parent of the child shall furnish the written statement and a time schedule, approved by a physician or the local health department, for the completion of the remainder of the immunizations.
(d) The state department of health may commence an action against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance of an order of compliance for failure to enforce this section.
(e) Neither a religious objection under section 2 [IC 20-8.1-7-2] of this chapter nor an exception for the child's health under section 2.5 [IC 20-8.1-7-2.5] of this chapter shall relieve any parent from the reporting requirements imposed under this section.
(f) The state department of health shall adopt rules under IC 4-22-2 to implement this section.
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