TITLE 13. EDUCATION
CHAPTER 13-28. SCHOOL ATTENDANCE PRIVILEGES AND TUITION
S.D. Codified Laws § 13-28-7.1 (2002)
§ 13-28-7.1. Tests and immunizations for communicable diseases required for admission to school or early childhood program -- Exceptions -- Rules
Any pupil entering school or an early childhood program in this state, shall, prior to admission, be required to present to the appropriate school authorities certification from a licensed physician that the child has received a test for tuberculosis and is free from a contagious form of tuberculosis and the child has received or is in the process of receiving adequate immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, and varicella, according to recommendations provided by the Department of Health. The Department of Health may modify or delete any of the required immunizations. As an alternative to the requirement for a physician's certification, the pupil may present:
(1) Certification from a licensed physician stating the physical condition of the child would be such that a test or immunization would endanger the child's life or health; or
(2) A written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such test and immunization; or
(3) A written statement signed by one parent or guardian requesting that the local health department give the test and immunization because the parents or guardians lack the means to pay for such tests and immunization.
The Department of Health may adopt reasonable rules, in accordance with chapter 1-26, to require compliance and documentation of adequate immunization, to define appropriate certification, and to specify standard procedure.
OPINIONS OF ATTORNEY GENERAL.
Children not immunized as required by this section may be excluded from public school attendance, Opinion No. 77-75.
Student who has physician's certificate that immunizations are in progress may not initially be refused admission, but school board may, in absence of adoption of rules by department of health, establish a reasonable period for completion of immunizations, Opinion No. 80-25.
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