HOUSE BILL No. 5363

 

February 16, 2016, Introduced by Reps. Brinks, Hovey-Wright, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Liberati, Potvin and Pagel and referred to the Committee on Health Policy.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1177. (1) A child enrolling in a public or nonpublic

 

school for the first time or , beginning in the 2014-2015 school

 

year, enrolling in grade 2, 5, or 7 for the first time shall submit

 

1 of the following:

 

     (a) A statement signed by a physician that the child has been

 

tested for and immunized or protected against diseases specified by

 

the director of the department of community health.health and human

 

services.


     (b) A statement signed by a parent or guardian to the effect

 

that the child has not been immunized because of religious

 

convictions or other objection to immunization.

 

     (c) A statement signed by a physician that certifies that the

 

child is in the process of complying with all immunization

 

requirements.

 

     (2) In addition, the parent or guardian of each child

 

enrolling in kindergarten for the first time shall submit a

 

statement signed by a district, county, or city health department

 

director stating that the child has been administered the

 

department of community health and human services preschool vision

 

screening test, or signed by a licensed medical or osteopathic

 

physician or a licensed optometrist stating that the child's eyes

 

have been examined during the preschool years after age 3 and

 

before initial entrance. A vision test is not required if there is

 

a statement signed by a parent or guardian to the effect that the

 

child cannot be submitted to the test because of religious

 

convictions.

 

     (3) Not later than November 1 of each year, the administrator

 

of each school shall provide the director of the department of

 

community health and human services with the immunization status of

 

each pupil in grades K through 12 who enrolled in the school for

 

the first time, or , beginning in the 2014-2015 school year,

 

enrolled in grade 2, 5, or 7 in the school for the first time,

 

between the immediately preceding January 1 and the immediately

 

preceding September 30, as well as a vision report of each child

 

entering kindergarten during that time period. This information


shall be transmitted through the approved local full-time health

 

department, if available, and shall be on forms provided by the

 

director of community the department of health and human services

 

or otherwise reported in a manner approved by the director of the

 

department of community health. health and human services. Not

 

later than February 1 of each year, the administrator of each

 

school shall provide an update to the report due the previous

 

November 1 to show the immunization status of each pupil in grades

 

K through 12 who enrolled in the school for the first time, or ,

 

beginning in the 2014-2015 school year, enrolled in grade 2, 5, or

 

7 in the school for the first time, during the calendar year ending

 

the immediately preceding December 31. This information shall be

 

transmitted in the same manner as the report due the previous

 

November 1.

 

     (4) Beginning in the 2016-2017 school year, within 10 days

 

after submitting the information required under subsection (3) to

 

the director of the department of health and human services, the

 

board of a school district or intermediate school district or board

 

of directors of a public school academy shall ensure that each

 

public school it operates complies with all of the following

 

concerning public reporting of the immunization status of pupils:

 

     (a) Provides all of the following to the parent or legal

 

guardian of each pupil enrolled in the school by sending an

 

electronic mail to the electronic mail address it has on record for

 

the parent or legal guardian or, if it does not have an electronic

 

mail address on record, by United States mail to the mailing

 

address it has on record for the parent or legal guardian:


     (i) Information concerning the immunization status of pupils

 

enrolled in kindergarten or grade 2, 5, or 7 in the school,

 

including at least the total number of pupils enrolled in each of

 

those grades in the school, the total number of those pupils in

 

each of those grades for whom the school has received a signed

 

statement under subsection (1)(a) or (c), and the total number of

 

those pupils in each of those grades for whom the school has

 

received a waiver statement under subsection (1)(b).

 

     (ii) For a school district or intermediate school district,

 

information concerning the immunization status of pupils enrolled

 

in kindergarten or grade 2, 5, or 7 in all of the schools operated

 

by the school district or intermediate school district, including

 

at least the total number of pupils enrolled in each of those

 

grades in the school district or intermediate school district, the

 

total number of those pupils in each of those grades for whom the

 

school district or intermediate school district has received a

 

signed statement under subsection (1)(a) or (c), and the total

 

number of those pupils in each of those grades for whom the school

 

district or intermediate school district has received a waiver

 

statement under subsection (1)(b).

 

     (b) Posts all of the information required under subdivision

 

(a) on the school's public website, with a link from the homepage.

 

     (c) Posts a paper notice containing all of the information

 

required under subdivision (a) in the main reception area of the

 

school in a location within the plain view of the public.

 

     (5) (4) The department of community health and human services

 

shall promulgate rules, including rules identifying the diseases


specified under subsection (1)(a), for the implementation of this

 

section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5364 (request no.

 

02686'15) of the 98th Legislature is enacted into law.