TITLE 39

HEALTH AND SAFETY

CHAPTER 48

IMMUNIZATION

39-4801.  Immunization — exemptions. (1) Except as provided in subsections (5) and (6) of this section, any child in Idaho of school age may attend preschool and kindergarten through grade twelve (12) of any public, private, or parochial school operating in this state if otherwise eligible, provided that, upon admission, the parent or guardian shall provide an immunization record to the school authorities regarding the child’s immunity to certain childhood diseases. This record, signed by a physician, the physician’s representative, or another licensed health care professional, shall verify that such child has received or is in the process of receiving immunizations as specified by this section or can effectively demonstrate, through verification in a form approved by the department of health and welfare, immunity gained through prior contraction of the disease.

(2)  The manner and frequency of administration of age appropriate immunizations pursuant to this subsection shall conform to recognized standard medical practices in the state:

(a)  All children require the following:

(i)   Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) vaccine, five (5) doses;

(ii)  Hepatitis A vaccine, two (2) doses;

(iii) Hepatitis B vaccine, three (3) doses;

(iv)  Measles, Mumps, and Rubella (MMR) vaccine, two (2) doses;

(v)   Polio vaccine, four (4) doses; and

(vi)  Varicella vaccine, two (2) doses.

(b)  In addition to the criteria listed in paragraph (a) of this subsection, the following must be met for admission into the seventh grade:

(i)   Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) Booster, one (1) dose; and

(ii)  Meningococcal vaccine, one (1) dose.

(c)  In addition to the criteria listed in paragraphs (a) and (b) of this subsection, prior to admission into the twelfth grade, students who received their first dose of meningococcal vaccine before sixteen (16) years of age must have two (2) doses of meningococcal vaccine, and students who received their first dose of meningococcal vaccine at sixteen (16) years age of older, or those who have never received a dose, must have one (1) dose of meningococcal vaccine.

(3)  A student not meeting the conditions of this section shall be excluded by school authorities, and such students may not attend any Idaho public, private, or parochial school until the student is in compliance. A student exempted under subsections (5) or (6) of this section may be excluded by the department in the event of a disease outbreak.

(4)  School authorities shall submit a report of the school’s immunization status by grade to the department on or before November 1 each year, including the following information:

(a)  Inclusive dates or reporting period;

(b)  Name and address of school, school district, and county;

(c)  Grade being reported and total number of students enrolled in the grade;

(d)  Name and title of the person completing the report form;

(e)  Number of students who meet all of the immunizations criteria;

(f)  Number of students who do not meet the specified number of immunizations listed by specific immunization type;

(g)  Number of students who do not meet the immunization criteria but are in the process of receiving the immunizations; and

(h)  Number of students who claimed exemption to the immunizations.

(5)  Any minor child whose parent or guardian has submitted to school officials a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the immunizations would endanger the life or health of the child shall be exempt from the provisions of this chapter.

(6)  Any minor child whose parent or guardian has submitted a signed statement to school officials stating their objections on religious or other grounds shall be exempt from the provisions of this chapter.

(7)  School officials shall describe the exemptions provided in this section and provide a citation to this section in any communication to parents and guardians regarding immunization.

(8)  Any student of majority age who submits a signed statement to school officials stating the student’s objections on religious or other grounds shall be exempt from any or all immunization criteria at every public, private, or parochial school in this state, including postsecondary, trade, college, university, or any other institute of primary, secondary, or higher learning.

History:

[(39-4801) 1978, ch. 240, sec. 1, p. 624; am. and redesignated 1979, ch. 313, sec. 1, p. 845; am. 1991, ch. 251, sec. 1, p. 619; am. 1992, ch. 102, sec. 1, p. 321; am. 2011, ch. 212, sec. 1, p. 599; am. 2021, ch. 263, sec. 1, p. 810; am. 2025, ch. 174, sec. 2, p. 820.]