Or. Admin. Code § 333-050-0310 - Child Exclusion from School and Children's Facility Attendance

(1) The local health department shall issue a signed exclusion order for each child who is not in compliance with ORS 433.267(1) and these rules no later than three weeks prior to the Exclusion Day specified in section (3) of this rule unless otherwise specified in this rule.

(a) Exclusion orders must be mailed by the local health department by first class to the mailing address of record for the child, as provided by the school or children's facility, unless that information is known to be incorrect, in which case the local health department shall use reasonable efforts to obtain a valid mailing address.

(b) If a valid mailing address cannot be obtained, the local health department must make arrangements to send a copy of the exclusion order home with the child and shall use reasonable efforts to ensure the child's parent receives the exclusion order, including sending it via electronic mail.

(2) The local health department must provide a copy of each exclusion order to the administrator.

(3) Starting on Exclusion Day, the administrator shall prohibit any child who was issued an exclusion order from attending the school or facility until the child has submitted records that indicate compliance with these rules, and the records have been verified by the administrator in accordance with section (10) of this rule.

(4) 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.

(5) An exclusion order applies to a child's attendance at any school or children's facility in Oregon.

(6) Exclusion orders may be issued for a date of exclusion other than Exclusion Day if during a validation survey it is discovered that a child is out of compliance with the immunization requirements in ORS 433.267(1) and these rules.

(7) Exclusion orders may be issued for a date of exclusion other than Exclusion Day if agreed upon by the school or facility, local health department and the Public Health Division.

(8) Additional exclusion cycles may be required at the direction of the local health department or the Public Health Division. An exclusion date shall be no fewer than 14 calendar days from the date that the exclusion order is mailed.

(9) The Public Health Division may issue an order changing the date for Exclusion Day in part or all of the state, due to a local or state emergency, or due to the determination of vaccine shortage under ORS 433.040.

(10) Post exclusion compliance.

(a) A child who has been issued an exclusion order may come into compliance and return to attending a school or children's facility by submitting the information identified in the exclusion order, or otherwise providing evidence of compliance with ORS 433.267(1) and these rules, to the administrator.

(b) When the administrator verifies that the required information has been provided and the child is in compliance with ORS 433.267(1) and these rules the child must be permitted to attend school or a children's facility.

(11) If evidence is presented to the local health department that an exclusion order was issued in error the local health department shall rescind the exclusion order and immediately notify the child's school or children's facility, who shall immediately notify the parent that the child is in compliance.

(12) Treatment facilities or court-mandated residential correctional facilities that are operating a school, including but not limited to Oregon Youth Authority closed custody sites, are not required to exclude children from school based on non-compliance with ORS 433.267(1) and 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.

Notes

Or. Admin. Code § 333-050-0310

PH 11-2025, adopt filed 05/02/2025, effective 5/2/2025

Statutory/Other Authority: ORS 433.004 & ORS 433.273

Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284