Bill Text: MI SB0600 | 2021-2022 | 101st Legislature | Engrossed


Bill Title: Education: attendance; requirements for public schools concerning certain vaccinations; modify. Amends sec. 1177 of 1976 PA 451 (MCL 380.1177) & adds sec. 1177b. TIE BAR WITH: SB 0602'21

Spectrum: Partisan Bill (Republican 12-0)

Status: (Engrossed) 2021-10-26 - Referred To Committee On Education [SB0600 Detail]

Download: Michigan-2021-SB0600-Engrossed.html

 

 

Substitute For

SENATE BILL NO. 600

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, and by adding sections 1177b and 1177c.

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 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 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 to 12 who enrolled in the school for the first time , or , beginning in the 2014-2015 school year, enrolled in grade 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 must be transmitted through the approved local full-time health department, if available, and shall must 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 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 to 12 who enrolled in the school for the first time , or , beginning in the 2014-2015 school year, enrolled in grade 7 in the school for the first time, during the calendar year ending the immediately preceding December 31. This information shall must be transmitted in the same manner as the report due the previous November 1.

(4) The department of community health and human services shall promulgate rules under part 92 of the public health code, 1978 PA 368, MCL 333.9201 to 333.9229, including rules identifying the diseases specified under subsection (1)(a), for the implementation of this section.

Sec. 1177b. (1) A school district, intermediate school district, or public school academy shall not adopt or implement a policy that requires that a pupil enrolled in the school district, intermediate school district, or public school academy receive an EUA vaccination to do any of the following:

(a) Enter or attend a school operated by the school district, intermediate school district, or public school academy.

(b) Ride a school bus or other school-related vehicle.

(c) Participate in or attend a school-sponsored activity or event, whether or not it is held on school premises. A school-sponsored activity or event described in this subdivision includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.

(2) A school district, intermediate school district, or public school academy shall not discriminate against or treat differently a pupil solely based on whether or not the pupil has received an EUA vaccination. Discrimination under this subsection includes, but is not limited to, the following conduct:

(a) Implementing segregated seating based solely on whether or not a pupil has received an EUA vaccination.

(b) Requiring that a pupil wear a face mask solely based on whether or not the pupil has received an EUA vaccination.

(c) Requiring that a pupil or any member of the pupil's family pay a different fee for admission to a school-sponsored activity or event, whether or not it is held on school premises, solely based on whether or not the pupil has received an EUA vaccination. A school-sponsored activity or event described in this subdivision includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.

(d) The implementation of a policy that prohibits a pupil from participating in school-sponsored interscholastic athletic activities, including certain teams within a school-sponsored interscholastic athletic activity, solely based on whether or not the pupil has received an EUA vaccination.

(3) A school district, intermediate school district, or public school academy shall not require that an individual receive an EUA vaccination to attend a meeting of the board.

(4) As used in this section:

(a) "Board" means the board of a school district, an intermediate school board, or the board of directors of a public school academy.

(b) "EUA vaccination" means a vaccine authorized by the United States Food and Drug Administration for emergency use.

(c) "Face mask" means a tightly woven cloth or other multilayer absorbent material that closely covers an individual's mouth and nose.

Sec. 1177c. (1) If a school district, intermediate school district, or public school academy adopts or implements a policy that requires pupils enrolled in the school district, intermediate school district, or public school academy receive a vaccine for COVID-19 that has received final authorization by the United States Food and Drug Administration, the school district, intermediate school district, or public school academy shall provide for a waiver process through which the parent or legal guardian of a pupil or, if the pupil is at least 18 years of age or an emancipated minor, the pupil, can request a waiver from the policy as described in subsection (2). Subject to section 1177, a school district, intermediate school district, or public school academy shall not require that a pupil for which a waiver is received under this subsection receive a COVID-19 vaccine that has received final authorization by the United States Food and Drug Administration to do any of the following:

(a) Enter or attend a school operated by the school district, intermediate school district, or public school academy.

(b) Ride a school bus or other school-related vehicle.

(c) Participate in or attend a school-sponsored activity or event, whether or not it is held on school premises. A school-sponsored activity or event described in this subdivision includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.

(2) Subject to section 1177, the waiver process described in subsection (1) must provide for a waiver from the requirement under subsection (1) to the parent or legal guardian on behalf of a pupil or a pupil who is at least 18 years of age or an emancipated minor who requests a waiver if the parent, legal guardian, or pupil submits any of the following to the school district, intermediate school district, or public school academy in which the pupil is enrolled:

(a) A statement signed by the pupil's parent or legal guardian or, if the pupil is at least 18 years of age or an emancipated minor, the pupil, to the effect that the child has not received the vaccine because of religious convictions or other objection to the vaccination.

(b) A statement signed by a physician that certifies that the child is in the process of receiving the vaccine.

(c) A statement signed by a physician that certifies that the vaccine is or may be detrimental to the child's health or is not appropriate.

(3) A school district, intermediate school district, or public school academy shall not discriminate against or treat differently a pupil solely based on whether or not the pupil's parent or legal guardian or the pupil has requested a waiver under subsection (1) or received a waiver for the pupil under subsection (1). Discrimination under this subsection includes, but is not limited to, the following conduct:

(a) Implementing segregated seating based solely on whether or not a pupil's parent or legal guardian or the pupil has requested a waiver under subsection (1) or received a waiver for the pupil under subsection (1).

(b) Requiring that a pupil or any member of the pupil's family pay a different fee for admission to a school-sponsored activity or event, whether or not it is held on school premises, solely based on whether or not the pupil's parent or legal guardian or the pupil has requested a waiver under subsection (1) or received a waiver for the pupil under subsection (1). A school-sponsored activity or event described in this subdivision includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.

(c) The implementation of a policy that prohibits a pupil from participating in school-sponsored interscholastic athletic activities, including certain teams within a school-sponsored interscholastic athletic activity, solely based on whether or not the pupil's parent or legal guardian or the pupil has requested a waiver under subsection (1) or received a waiver for the pupil under subsection (1).

(4) A school district, intermediate school district, or public school academy shall not adopt or implement a policy that requires an individual to receive a COVID-19 vaccine that has received final authorization by the United States Food and Drug Administration to attend a meeting of the board.

(5) As used in this section:

(a) "Board" means the board of a school district, an intermediate school board, or the board of directors of a public school academy.

(b) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 602 of the 101st Legislature is enacted into law.

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