Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 261 - Immunization Requirements for School Children (a joint rule with the Department of Education, Ch. 126) › Section 144-261-3 - EXCEPTIONS

Current through 2024-29, July 17, 2024
A.
Enrollment or Attendance Without
				Immunization Information
A child who does not provide a certificate of immunization or
				  proof of immunity against a disease listed in this rule is not permitted to
				  enroll in or attend school unless one or more of the following circumstances
				  apply:
1. Written Assurance from
				Parent of Private Effort to Immunize Child: The parent provides the school with
				a written assurance that the child will be immunized by private effort within
				90 days of enrollment or of the child first attending, whichever date is the
				earliest, in accordance with
				20-A MRS
				§6355(1).
The granting of this 90-day period is a one-time provision.
				  If, after 90 days have passed, the parent fails to provide the required
				  certificate of immunization or proof of immunity against each of the diseases
				  listed in this rule, then the superintendent must exclude the student from
				  school and may permit the student's return upon receipt of evidence of the
				  required immunizations, immunity or exemption under law.
2. Written Consent to Immunize Child: The
				parent grants written consent for the child's immunization by a public health
				officer, physician, nurse or other authorized person in their employ, or acting
				as an agent of the school, where such immunization programs are in
				effect.
3. Medical exemption in
				accordance with
				20-A MRS
				§6355(2).
4. Individualized Education Plan: In
				accordance with
				20-A MRS
				§6355(4), a student
				covered by an individualized education plan on September 1, 2021 who elected a
				philosophical or religious exemption from immunization requirements on or
				before September 1, 2021 pursuant to the law in effect prior to that date, may
				continue to attend school under that student's existing exemption as long as:
a. The parent or guardian of the student
				provides a statement from a licensed physician, nurse practitioner or physician
				assistant that the physician, nurse practitioner or physician assistant has
				consulted with that parent or guardian and has made that parent or guardian
				aware of the risks and benefits associated with the choice to immunize; or
b. If the student is 18 years of
				age or older, the student provides a statement from a licensed physician, nurse
				practitioner or physician assistant that the physician, nurse practitioner or
				physician assistant has consulted with that student and has made that student
				aware of the risks and benefits associated with the choice to immunize.
If a student has an immunization exemption in accordance with
				  this section, the student will be able to maintain that exemption after
				  dismissal from special education services and will be considered exempt until
				  the child is no longer eligible for free, appropriate public education (FAPE).