THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, D. COSTA, GEORGE, MURT AND M. O'BRIEN, MARCH 29, 2011

REFERRED TO COMMITTEE ON EDUCATION, MARCH 29, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in pupils and attendance, further

providing for immunization required and penalty; and

requiring children to be tested for diabetes prior to

admission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1303 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

April 11, 1974 (P.L.258, No.67), is amended to read:

Section 1303.  Immunization and Testing for Diabetes 

Required; Penalty.--(a)  It shall be the duty of all school

directors, superintendents, principals, or other persons in

charge of any public, private, parochial, or other school

including kindergarten, to ascertain that every child, prior to

admission to school for the first time has been:

(1)  immunized, as the Secretary of Health may direct,

against such diseases as shall appear on a list to be made and

from time to time reviewed by the Advisory Health Board[.]; and

(2)  tested, as the Secretary of Health may direct, for

diabetes.

All certificates of immunization and testing shall be issued

in accordance with the rules and regulations promulgated by the

Secretary of Health with the sanction and advice of the Advisory

Health Board.

(b)  Any person who shall fail, neglect, or refuse to comply

with, or who shall violate, any of the provisions or

requirements of this section, except as hereinafter provided,

shall, for every such offense, upon summary conviction thereof,

be sentenced to pay a fine of not less than five dollars ($5)

nor more than one hundred dollars ($100), and in default

thereof, to undergo an imprisonment in the jail of the proper

county for a period not exceeding sixty (60) days. All such

fines shall be paid into the treasury of the school district.

(c)  The provisions of this section shall not apply in the

case of any child deemed to have a medical contraindication

which may contraindicate immunization or testing and so

certified by a physician. Such certificates may be accepted in

lieu of a certificate of immunization and testing.

(d)  The provisions of this section shall not apply in the

case of any child whose parent or guardian objects in writing to

such immunization or testing on religious grounds.

Section 2.  This act shall take effect in 60 days.