53G-9-302.  Immunization required — Exception — Weighted pupil unit funding.

(1)  A student may not attend a school unless:

Terms Used In Utah Code 53G-9-302

  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
  • Immunization record: means a record relating to a student that includes:
(a) information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department;
(iii) an authorized representative of the department;
(iv) a registered nurse; or
(v) a pharmacist;
(b) information regarding each disease against which the student has been immunized by previously contracting the disease; and
(c) an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. See Utah Code 53G-9-301
  • Legally responsible individual: means :
    (a) a student's parent;
    (b) the student's legal guardian;
    (c) an adult brother or sister of a student who has no legal guardian; or
    (d) the student, if the student:
    (i) is an adult; or
    (ii) is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301
  • School: means any public or private:
    (a) elementary or secondary school through grade 12;
    (b) preschool;
    (c) child care program, as that term is defined in Section 26B-2-401;
    (d) nursery school; or
    (e) kindergarten. See Utah Code 53G-9-301
  • Student: means an individual who attends a school. See Utah Code 53G-9-301
  • vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
  • (a)  the school receives an immunization record from the legally responsible individual of the student, the student’s former school, or a statewide registry that shows:

    (i)  that the student has received each vaccination required by the department under Section 53G-9-305; or

    (ii)  for any required vaccination that the student has not received, that the student:

    (A)  has immunity against the disease for which the vaccination is required, because the student previously contracted the disease as documented by a health care provider, as that term is defined in Section 78B-3-103; or

    (B)  is exempt from receiving the vaccination under Section 53G-9-303;

    (b)  the student qualifies for conditional enrollment under Section 53G-9-308; or

    (c)  the student:

    (i)  is a student, as defined in Section 53E-3-903; and

    (ii)  complies with the immunization requirements for military children under Section 53E-3-905.
  • (2)  An LEA may not receive weighted pupil unit money for a student who is not permitted to attend school under Subsection (1).

    Renumbered and Amended by Chapter 3, 2018 General Session