Virginia Code 22.1-271.4: Health requirements for home-instructed, exempted, and excused children
In addition to compliance with the requirements of subsection B, D, or I of § 22.1-254 or § 22.1-254.1, any parent, guardian or other person having control or charge of a child being home instructed, exempted or excused from school attendance shall comply with the immunization requirements provided in § 32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is attending school.
Terms Used In Virginia Code 22.1-271.4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the Department of Education. See Virginia Code 22.1-1
- Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
Upon request by the division superintendent, the parent shall submit to such division superintendent documentary proof of immunization in compliance with § 32.1-46.
No proof of immunization shall be required of any child upon submission of (i) an affidavit to the division superintendent stating that the administration of immunizing agents conflicts with the parent’s or guardian’s religious tenets or practices or (ii) a written certification from a licensed physician, licensed advanced practice registered nurse, or local health department that one or more of the required immunizations may be detrimental to the child’s health, indicating the specific nature of the medical condition or circumstance that contraindicates immunization.
1993, c. 659; 1999, cc. 488, 552; 2010, c. 605; 2011, c. 125; 2023, c. 183.