AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in pupils and attendance, further
6providing for immunization required and penalty; and
7requiring children to be tested for diabetes prior to
8admission.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1303 of the act of March 10, 1949 
12(P.L.30, No.14), known as the Public School Code of 1949, added
13April 11, 1974 (P.L.258, No.67), is amended to read:

14Section 1303. Immunization and Testing for Diabetes
15Required; Penalty.--(a) It shall be the duty of all school
16directors, superintendents, principals, or other persons in
17charge of any public, private, parochial, or other school
18including kindergarten, to ascertain that every child, prior to
19admission to school for the first time has been:

20(1) immunized, as the Secretary of Health may direct,
21against such diseases as shall appear on a list to be made and

1from time to time reviewed by the Advisory Health Board[.]; and

2(2) tested, as the Secretary of Health may direct, for
3diabetes.

4All certificates of immunization and testing shall be issued
5in accordance with the rules and regulations promulgated by the
6Secretary of Health with the sanction and advice of the Advisory
7Health Board.

8(b) Any person who shall fail, neglect, or refuse to comply
9with, or who shall violate, any of the provisions or
10requirements of this section, except as hereinafter provided,
11shall, for every such offense, upon summary conviction thereof,
12be sentenced to pay a fine of not less than five dollars ($5)
13nor more than one hundred dollars ($100), and in default
14thereof, to undergo an imprisonment in the jail of the proper
15county for a period not exceeding sixty (60) days. All such
16fines shall be paid into the treasury of the school district.

17(c) The provisions of this section shall not apply in the
18case of any child deemed to have a medical contraindication
19which may contraindicate immunization or testing and so
20certified by a physician. Such certificates may be accepted in
21lieu of a certificate of immunization and testing.

22(d) The provisions of this section shall not apply in the
23case of any child whose parent or guardian objects in writing to
24such immunization or testing on religious grounds.

25Section 2. This act shall take effect in 60 days.