Utah Code 53G-9-308. Conditional enrollment — Suspension for noncompliance — Procedure
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(1) As used in this section:
Terms Used In Utah Code 53G-9-308
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection
53G-9-304 (2)(a). See Utah Code 53G-9-301 - Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection
53G-9-304 (2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301 - Immunization record: means a record relating to a student that includes:(5)(a) information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by:(5)(a)(i) a licensed health care provider;(5)(a)(ii) an authorized representative of a local health department;(5)(a)(iii) an authorized representative of the department;(5)(a)(iv) a registered nurse; or(5)(a)(v) a pharmacist;(5)(b) information regarding each disease against which the student has been immunized by previously contracting the disease; and(5)(c) an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section
53G-9-303 . See Utah Code 53G-9-301- Legally responsible individual: means :
(6)(a) a student's parent;(6)(b) the student's legal guardian;(6)(c) an adult brother or sister of a student who has no legal guardian; or(6)(d) the student, if the student:(6)(d)(i) is an adult; or(6)(d)(ii) is a minor who may consent to treatment under Section26B-4-321 . See Utah Code 53G-9-301- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- School: means any public or private:
(10)(a)(i) elementary or secondary school through grade 12;(10)(a)(ii) preschool;(10)(a)(iii) child care program, as that term is defined in Section26B-2-401 ;(10)(a)(iv) nursery school; or(10)(a)(v) kindergarten. See Utah Code 53G-9-301- Student: means an individual who attends a school. See Utah Code 53G-9-301
- vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
(1)(a) “Enroller” means the same as that term is defined in Section 53G-6-603.(1)(b) “Newcomer student” means the same as that term is defined in Section 53E-3-524.(1)(c) “Social service provider” means the same as that term is defined in Section 53E-3-524.(2) A student for whom a school has not received a complete immunization record may attend the school on a conditional enrollment:(2)(a) during the period in which the student’s immunization record is under review by the school; or(2)(b) for 30 calendar days after the day on which the school provides the notice described in Subsection (3).(3)(3)(a) Within five days after the day on which a school places a student on conditional enrollment, the school shall provide notice to the enroller that:(3)(a)(i) the school has placed the student on conditional enrollment for failure to comply with the requirements of Subsection 53G-9-302(1);(3)(a)(ii) describes the identified deficiencies in the student’s immunization record or states that the school has not received an immunization record for the student;(3)(a)(iii) gives notice that the student will not be allowed to attend school unless the legally responsible individual cures the deficiencies, or provides an immunization record that complies with Subsection 53G-9-302(1), within the conditional enrollment period described in Subsection (2)(b); and(3)(a)(iv) describes the process for obtaining a required vaccination.(3)(b) The school shall deliver the notice described in Subsection (3)(a):(3)(b)(i) when possible, in the enroller’s preferred language; and(3)(b)(ii) using one of the following methods of delivery, as determined by mutual agreement between the school and the enroller:(3)(b)(ii)(A) written notice delivered in person;(3)(b)(ii)(B) written notice by mail;(3)(b)(ii)(C) written notice by email or other electronic means; or(3)(b)(ii)(D) by telephone, including voicemail.(4) A school shall remove the conditional enrollment status from a student after the school receives an immunization record for the student that complies with Subsection 53G-9-302(1).(5) Except as provided in Subsection (6), at the end of the conditional enrollment period, a school shall prohibit a student who does not comply with Subsection 53G-9-302(1) from attending the school until the student complies with Subsection 53G-9-302(1).(6) A school principal or administrator:(6)(a) shall grant an additional extension of the conditional enrollment period, if the extension is necessary to complete all required vaccination dosages, for a time period medically recommended to complete all required vaccination dosages; and(6)(b) may grant an additional extension of the conditional enrollment period in cases of extenuating circumstances, if the school principal or administrator and one of the following agree that an additional extension will likely lead to compliance with Subsection 53G-9-302(1):(6)(b)(i) a school nurse;(6)(b)(ii) a health official; or(6)(b)(iii) a health official designee, including:(6)(b)(iii)(A) a social service provider; or(6)(b)(iii)(B) a culturally competent and trauma-informed community representative.(7) For purposes of Subsection (6), a newcomer student enrolling in a school for the first time is an extenuating circumstance. - Legally responsible individual: means :