20-5-403. Immunization required — release and acceptance of immunization records — notice of exemptions required. (1) The governing authority of any school other than a postsecondary school may not allow a person to attend as a pupil unless the person:

Terms Used In Montana Code 20-5-403

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 20-5-402
  • district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governing authority: means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school. See Montana Code 20-5-402
  • Immunization: means induction of a state of resistance to a disease through administration of an immunizing agent. See Montana Code 20-5-402
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Postsecondary school: means a community college, a unit of the Montana university system, or a private university or college. See Montana Code 20-5-402
  • Preschool: means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:

    (a)serves no child under 5 years of age for more than 3 hours a day; and

    (b)serves no child 5 years of age for more than 6 hours a day. See Montana Code 20-5-402

  • Pupil: means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
  • School: means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

    (a)any combination of kindergarten through grade 12;

    (b)a postsecondary school; or

    (c)a preschool. See Montana Code 20-5-402

(a)has been immunized against varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and with immunizing agents approved by the department;

(b)has been immunized against Haemophilus influenza type “b” before enrolling in a preschool if under 5 years of age;

(c)qualifies for conditional attendance; or

(d)files for an exemption as provided in 20-5-405.

(2)(a) The governing authority of a postsecondary school may not allow a person to attend as a pupil unless the person:

(i)has been immunized against rubella and measles (rubeola) in the manner and with immunizing agents approved by the department; or

(ii)files for an exemption as provided in 20-5-405.

(b)The governing authority of a postsecondary school may, as a condition of attendance, impose immunization requirements that are more stringent than those required by this part, subject to the exemptions provided for in 20-5-405.

(3)A pupil who transfers from one school district to another may photocopy immunization records in the possession of the school of origin. The school district to which a pupil transfers shall accept the photocopy as evidence of immunization. Within 30 days after a transferring pupil ceases attendance at the school of origin, the school shall retain a certified copy for the permanent record and send the original immunization records for the pupil to the school district to which the pupil transfers.

(4)Any communication from a school, including websites and social media postings, regarding the immunizations required under this section must include information about the exemptions available under 20-5-405, including copies of, or links to, exemption forms prescribed or developed by the department under 20-5-405.

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