Chapter 5. Immunization of School Students.
§ 38–501. Definitions.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
For the purpose of this chapter:
(1) The term "admit" means a student's official enrollment in a school, child development facility, or college or university.
(2) The term “certification of immunization” means certification by a healthcare professional authorized to administer a vaccine, his or her representative, or the public health authorities of the immunizations that a student has received or from which the student has a medical or religious exemption.
(2A) Repealed.
(3) The term "student" means a person who is admitted to or seeks admission to a school, child development facility, or college or university, or for whom admission is sought by a parent or guardian, and who will not attain the age of 26 years before the start of the term for which admission is sought.
(4) The term "immunization" means the receipt of the initial vaccination and any boosters or revaccinations required to maintain immunity against a communicable disease.
(5) The term “Mayor” means the Mayor of the District of Columbia.
(6) The term “public health authorities” means the official or officials of the executive branch of the government of the District of Columbia designated by the Mayor pursuant to this chapter.
(7) The term “responsible person” means, in the case of a student under 18 years of age, a parent or guardian of the student, but in the case of a student 18 years of age or older, the student .
(8) The term “school” means:
(A) A District of Columbia Public Schools school or a public charter school serving any grades pre-K through 12; and
(B) A private, parochial, or independent school that offers instruction at any level or grade from pre-K through 12;
(C) Repealed.
(D) Repealed.
(9) The term "child development facility" means a licensed center, home, expanded home, or other structure that provides care and other services, supervision and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. The term "Child development facility" does not include a school engaged in legally required educational and related functions or a pre-K education program licensed pursuant to subchapter I of Chapter 2A of this title.
(10) The term "college or university" means any post-secondary educational institution authorized, created, or incorporated by special act of the Congress of the United States or the Council or required to be licensed by the District of Columbia pursuant to Chapter 13 of this title.
(11) The term "exclusion standards" means standards for barring students who do not comply with the immunization requirements of this chapter and the rules issued pursuant to this chapter from attending schools and child development facilities.
(12) The term "LEA" means local education agency, which is the District of Columbia Public Schools system or any individual public charter school or group of public charter schools operating under a single charter.
(13) The term "list of immunizations" means the list of immunizations, established by the Mayor pursuant to § 38-503, required to be included on a certification of immunization.
§ 38–502. Certification of immunization required.
(a)(1) Except as provided in this chapter or rules issued pursuant to § 38-503, no student shall attend a school or child development facility in the District without a certification of immunization reflecting that the student has received each immunization on the list of immunizations or is exempt from immunization in accordance with § 38-506.
(2) At least annually, a responsible person shall furnish a certification of immunization for each student attending a school or child development facility to the LEA; private, parochial, or independent school; or child development facility to which the student is admitted in accordance with the rules established pursuant to § 38-503.
(b) A responsible person shall furnish a certification of immunization for each student admitted to a college or university in accordance with the policy established by the college or university pursuant to § 38-503.
(c) Beginning with School Year 2023-2024, healthcare professionals shall electronically submit all certifications of immunization to the public health authorities.
§ 38–502.01. Certification of COVID-19 immunization. [Repealed]
Repealed.
§ 38–503. Immunizations standards; list of immunizations; exclusion standards.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter, including rules:
(1) Specifying the list of immunizations required to be included on a certification of immunization for a student admitted to a:
(A) School;
(B) Child development facility, and
(C) College or university;
(2) The standards for achieving immunization for each immunization specified on the list of immunizations; and
(3) Exclusion standards for schools and child development facilities.
(b) Each college or university shall adopt and publish a written policy for the submission of certifications of immunization and the exclusion of students who fail to obtain the required immunizations.
§ 38–504. Notifications.
(a) LEAs; private, parochial, and independent schools; and child development facilities shall, at least annually, distribute immunization information to a responsible person for each admitted student that includes:
(1) The list of immunizations;
(2) A statement that students must be immunized in accordance with this chapter; and
(3) The exclusion standards issued pursuant to § 38-503.
(b) With respect to any student for whom a school or child development facility does not receive a complete certification of immunization required pursuant to § 38-502, the LEA; private, parochial, or independent school; or child development facility shall notify a responsible person in accordance with the exclusion standards issued pursuant to § 38-503, and provide the following information:
(1) The list of the missing immunizations;
(2) That the student must be immunized in accordance with the list of required immunizations, unless exempt from immunization pursuant to § 38-506;
(3) That the student may be immunized and receive certification of immunization from a healthcare professional authorized to administer a vaccine or from the public health authorities;
(4) How to contact the public health authorities to learn where and when they perform immunization services;
(5) The date by which the LEA, school, or child development facility must receive certification of immunization or exemption; and
(6) A copy of the certificate of health form described in § 38-602.
(c) Neither the District, an LEA, school, child development facility, nor employee of any of the foregoing may be liable for damages to any person for failure to comply with this section.
(d) When sending notifications, LEAs; private, parochial, and independent schools; and child development facilities shall make a reasonable attempt to ensure contact is made with the responsible person. When considered appropriate and necessary by the LEA, school, or child development facility, the LEA, school, or child development facility shall ensure that notifications are translated into languages other than English and provided in alternate formats to facilitate communication with individuals with disabilities consistent with federal and District law.
§ 38–505. School attendance without immunization.
(a) With respect to any student who has been admitted to a school and for whom the school does not receive a certification of immunization reflecting immunization or an exemption from immunization for each immunization on the list of immunizations, the school shall:
(1) Notify a responsible person in accordance with § 38-504(b); and
(2) Unless otherwise provided in the exclusion standards issued pursuant to § 38-503, not permit the student to attend school for more than 20 school days after the date of notification unless the school receives a completed certification of immunization within the 20 school days.
(b) Unless otherwise provided in the exclusion standards issued pursuant to § 38-503 and notwithstanding subsection (a)(2) of this section, if immunization requires a series of treatments that cannot be completed within 20 school days after notification, the student shall be permitted to attend school while the treatments are continuing if, within the 20 school days, the school receives written notification from the provider administering the treatment that the immunization is in progress.
§ 38–506. Exemption from immunization.
An immunization from the list of immunizations shall not be required for attendance at a school or child development facility by a student:
(1) For whom the responsible person objects in good faith and in writing to the public health authorities that the immunization would violate the responsible person's religious beliefs; or
(2) The public health authorities have a written certification from the student's physician or nurse-practitioner, or from the physician or nurse-practitioner's representative, that the immunization or treatment necessary to receive the immunization is medically inadvisable for the student.
§ 38–507. Immunization plan; suspension of chapter.
In order to implement the requirements of this chapter efficiently, the public health authorities may develop a plan under which immunization may be made available to students according to groups defined alphabetically, geographically, or by age or grade or otherwise, and upon the recommendation of the public health authorities or the State Superintendent of Education, the Mayor may suspend for no longer than one year the application of this chapter to those groups of students to whom immunization under such a plan will not be made available soon enough to avoid barring them from admission to school or a child development facility.
§ 38–508. Severability.
If any provision of this chapter or its application to any person or circumstance is held to be invalid, the remaining provisions and other applications shall not be affected.
