Or. Admin. Code § 333-050-0080 - Exclusion
(1) The date of
exclusion shall be the third Wednesday in February.
(a) If additional exclusion cycles are
conducted, the exclusion dates shall be set at no less than 14 calendar days
from the date that the Exclusion Orders are mailed.
(b) Exclusion occurs when records have not
been received or updated by the starting time of the school or facility on the
specified exclusion day.
(2) The local health department shall use an
Exclusion Order for Incomplete Immunization or Insufficient Information or an
Exclusion Order for No Record depending upon the reason the child is found to
be in non-compliance with ORS
433.267(1) and
these rules:
(a) At least 14 days before the
exclusion day, the local health department shall mail by first class mail an
appropriately completed and signed order of exclusion to the parent of each
child determined to be out of compliance with these rules.
(b) If a student is listed by the school as
the "person responsible," the Exclusion Order will be sent to the student.
(c) In the event that the local
health department has knowledge that the address of the parent provided on the
Primary Review Summary form is incorrect, the local health department shall use
all reasonable means to notify the parent, including inquiries to the school or
facility administrator, to establish the appropriate mailing address and
sending home from the school a copy of the Exclusion Order with the child.
(d) For all orders issued, one
copy of the Exclusion Order shall be sent to the administrator and the local
health department shall retain one copy. The local health department shall also
retain copies of the records of children to be excluded until notification from
the school or facility that such children are in compliance, or for one year.
(3) On the specified
date of exclusion, the administrator shall exclude from school or facility
attendance all children so ordered by the local health department until the
requirements specified by the local health department are verified by the
administrator in accordance with section (9) of this rule.
(4) The local health department shall
maintain copies of immunization records of children excluded and shall maintain
contact with administrators regarding the status of such children.
(5) If children whose records are not updated
on the specified exclusion day arrive at their school or facility, the
administrator shall make every effort to contact their parent by phone. The
administrator shall place excluded children in a space away from the other
children until their parent arrives to pick them up or until they are returned
home by regular school district transportation.
(6) If the excluded children do not meet the
requirements specified by the local health department in accordance with
section (9) of this rule and do not return to school within four school days,
it is the responsibility of the public school administrator, as proper
authority, to notify the attendance supervisor of the unexcused absence. The
attendance supervisor is required to proceed as required in ORS
339.080 and
339.090.
(7) Children who have been issued an
Exclusion Order are not entitled to begin or continue in attendance in any
school or facility in Oregon while the Exclusion Order is still in effect.
Administrators who receive or are otherwise made aware of the records of a
child from another school or facility containing an Exclusion Order that has
not been cancelled shall notify the parent and immediately exclude the child
until the requirements specified on the Exclusion Order are met and verified by
the administrator.
(8) Students in
treatment facilities or court-mandated residential correctional facilities,
including but not limited to Oregon Youth Authority closed custody sites, are
not subject to exclusion. The administrator of such treatment or residential
correctional facilities must comply with all other provisions of these rules,
including submission of the required reports as specified by these rules. The
administrator must ensure that students have complete or up-to-date
immunization records, a medical or nonmedical exemption or immunity
documentation for all vaccines required for the student's grade.
(9) Compliance:
(a) For children excluded for insufficient
information or incomplete immunizations, compliance will be achieved by
submitting to the administrator one of the statements allowed in OAR
333-050-0040(1);
(b) For children
excluded for no record, compliance will be achieved by submitting to the
administrator evidence of immunizations that includes at least one dose of each
vaccine required for that grade or age, a medical or nonmedical exemption or
immunity documentation.
(c) When
the administrator verifies that the required information has been provided or
that an appropriate immunity documentation or medical or nonmedical exemption
has been provided, the child shall be in compliance with ORS
433.267(1) and
these rules and qualified for school or facility attendance.
(10) Twelve calendar days after
the mandatory exclusion date, the administrator shall ensure that:
(a) The Primary Review Summary form returned
from the local health department is updated by appropriately marking the
current status of each child as specified (including children listed as having
no record);
(b) The mathematics on
the Primary Review Summary form are accurate including the number of children
in the full school or children's facility, kindergarten and seventh grade with:
(A) The specified number of doses of each
vaccine or all the doses required for the child's grade;
(B) Nonmedical exemptions for each vaccine;
(C) Nonmedical exemptions from
each source, whether documentation from a health care practitioner or vaccine
educational module;
(D) Nonmedical
exemptions;
(E) Medical
exemptions; and
(F) No record.
(c) A copy of the
revised Primary Review Summary form is submitted to the local health department
on that day. The administrator shall maintain a file copy of the updated
Primary Review Summary form.
(11) The local health department shall review
the updated Primary Review Summary form for mathematical accuracy. Any errors
should be corrected by contacting the affected school or facility.
Notes
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.