Early Learning and Care Division
Subject: Senate Bill (SB) 277: Vaccine Bill
Number: 16-05
Date: March 2016
Expires: Until Rescinded
Authority: SB 277 amended the Health and Safety Code Chapter 35, sections 120325, 120335, 120370, and 120375 and added Section 120338, and repealed Section 120365 relating to public health.
Attention: Executive Directors and Program Directors of Early Care and Education Programs (CCTR), California State Preschool Programs (CSPP), Migrant Center Programs (CMIG) and eligible providers serving children through CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP), Migrant Alternative Programs (CMAP), Alternative Payment Programs (APP), and Severely Handicapped (CHAN) contracts.
Family Child Care Home Education Networks (FCCHEN), and APPs are strongly encouraged to ensure that eligible providers they work with have the information included in this MB.
Purpose
This MB informs California Department of Education (CDE) Early Learning and Care Division (ELCD) contractors of the child immunizations requirements prior to admission at specified educational facilities. Frequently Asked Questions (FAQs) and resources specific to SB 277 are also included.
Authority and Policy
SB 277 amended the Health and Safety Code Chapter 35, sections 120325, 120335, 120370, and 120375, added Section 120338, and repealed Section 120365 relating to public health.
Background
On June 30, 2015, the Governor signed SB 277 into law which no longer allows for exemption of immunizations with a Personal Belief Exemption (PBE) based on personal nor religious beliefs for children in child care and public and private schools. A PBE dated January 1, 2016, or later will not be accepted. PBEs submitted before January 1, 2016, will remain valid until the child reaches transitional kindergarten/kindergarten and then again in seventh grade. Immunization requirements mentioned above will be removed for the following:
- Students in home-based private schools
- Students enrolled in an independent study program who do not receive classroom-based instruction
- Access to special education and related services specified in an individualized education program (IEP)
Policy
For the purposes of this MB, the term governing authority is defined by Health and Safety Code Section 120335 as:
- “The governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.”
- “The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized.”
For CDE/ELCD this will apply to the following contract types: Early Care and Education Programs, California State Preschool Programs, Migrant Center Programs and providers serving children through C2AP, C3AP CMAP, APP, CHAN Contracts and Family Child Care Homes (CFCC).
A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases:
- Diphtheria
- Hepatitis B
- Haemophilus influenza Type B
- Measles
- Mumps
- Pertussis (whooping cough)
- Poliomyelitis
- Rubella
- Tetanus
- Varicella (chickenpox)
Directive
Beginning January 1, 2016, Direct Service Contractors are required to have documentary proof of each entrant’s immunization status in the family data file, also known as the child’s file. PBEs dated on or after January 1, 2016, will no longer be valid in a child’s file. A valid PBE dated on or before December 30, 2015, will only be valid for an entrant on or before July 1, 2016. If you have questions about PBEs please read the FAQs and resources link below, you can also visit the Shots for School Web site (link below).
Beginning January 1, 2016, APP contractors and CalWORKs contractors must notify providers of their responsibility regarding documentation proof of each entrant’s immunization status in the family data file, also known as the child’s file, as well as providing the contact information and resources in this MB.
Information about provider payments, PBEs, and assistance for families can be found at the CDE's MB 16-05 Resources and Frequently Asked Questions Web page at http://www.cde.ca.gov/sp/cd/ci/mb1605faq.asp.
If you have questions regarding the information in this MB, please review the additional resources on the California Department of Public Health's Web page at https://www.cdph.ca.gov. You may also direct your questions via e-mail to info@shotsforschool.org.
This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to California Education Code Section 33308.5.