§11-157-6.2 - Provisional attendance.

§11-157-6.2 Provisional attendance. (a) A student or child who does not have evidence of all of the required immunizations may attend school, post-secondary school, or a child care facility provisionally upon submitting written evidence from a practitioner or the department stating that the student or child is in the process of receiving required immunizations. A student or child who does not have a report of physical examination may attend school or child care facility provisionally upon submitting written evidence from a practitioner stating that the student or child is in the process of receiving the physical examination. The failure to provide a report of the pre-seventh grade physical examination will not result in provisional attendance unless the student is first entering a Hawaii school in the seventh grade. A physical examination is not required for post-secondary school attendance. An appointment notice from a practitioner's office or the department shall be recognized as written evidence. A student or child without written evidence shall not be allowed to attend school, post - secondary school, or a child care facility.

(b) The provisional attendance period shall be no longer than three calendar months after the date of provisional attendance to a school or child care facility and no longer than forty-five calendar days after the date of provisional attendance to a post-secondary school.

(c) A student or child who fails to keep a scheduled appointment with their practitioner or the department during the provisional attendance period may attend school, post-secondary school, or a child care facility only upon submitting a new appointment notice from a practitioner's office or the department. Failure to keep a scheduled appointment or transferring schools, post-secondary schools, or child care facilities during the provisional attendance period does not extend the provisional attendance period past the periods listed in subsection (b).

(d) If all of the required immunizations cannot be completed within the provisional attendance period due to the required minimum intervals between doses or other medical necessity, the school, post-secondary school, or child care facility may extend provisional attendance as long as evidence is provided that appointments have been made to complete the required immunizations. If a student or child whose provisional attendance period has been extended fails to keep a scheduled appointment, he or she shall be excluded from school, post-secondary school, or child care facilities until evidence that the required immunizations have been obtained is presented to the school, post-secondary school, or child care facility.

(e) Provisional attendance may be suspended by the department when there is a danger or presence of an outbreak or epidemic from any of the communicable diseases for which immunization is required under this chapter until the director has determined that the presence or danger of the outbreak or epidemic no longer exists.

        [Eff and comp 10/23/97; am and comp 8/27/01; am and comp AUG 23 2019 ] (Auth: HRS §§302A-1162, 321-9, 321-11, 325-13, 325-32) (Imp: HRS §§302A-1155 through 302A-1157, 302A-1159, 302A-1160, 302A-1162, 321-1, 321-9, 321-11, 325-13, 325-32, 325-35, 325-36)

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