K-12 Admissions Statutes

The following lists the relevant Florida statutes and Administrative Code rulings for K-12 school admissions vaccine requirements. Administrative Code rulings are the compliance procedures created by the Board of Education and Board of Health for school administrators and county health departments. Administrative rulings must have precedence in law and may not include requirements or procedures not provided for by law.

  • Religious exemption from public and non-public school vaccine requirements for childcare and family daycare facilities, pre-K and K-12 is provided for by law and cannot be denied.
  • Private school governing authorities are required to comply with the provisions of FS 1003.22, which provides for religious exemption.
  • Childcare and daycare facilities must accept religious exemption certificates.
  • Influenza vaccines are not required by law for children enrolled in daycare and family care facilities.
  • Childcare and family care facilities are required to provide parents information regarding the causes, symptoms and transmissions of the influenza virus and the importance of influenza vaccines as recommended by CDC, however this vaccine is not by law an admissions requirement.
  • Meningococcal vaccines are not required by law for K-12 or college/university students.
  • School districts are required to provide parents a schedule of CDC recommended vaccines and information about meningococcal meningitis (causes, symptoms, vaccines, contraindications, etc.), however this vaccine is not by law an admissions requirement.
  • Social welfare assistance applicants who fail to vaccinate because of religious reasons are eligible for assistance.
  • The Human Papillomavirus vaccine (HPV) is NOT required by law for K-12 or college/university students.
Title XLVIII – K-20 Education Code

Public K-12 Education
Chapter 1003.22  F.S.

School entry health examinations; immunization against communicable diseases; exemptions; duties of Department of Health

(1) Each district school board and the governing authority of each private school shall require that each child who is entitled to admittance to kindergarten, or is entitled to any other initial entrance into a public or private school in this state, present a certification of a school-entry health examination performed within 1 year prior to enrollment in school. Each district school board, and the governing authority of each private school, may establish a policy that permits a student up to 30 school days to present a certification of a school-entry health examination. Children and youths who are experiencing homelessness and children who are known to the department, as defined in s. 39.0016, shall be given a temporary exemption for 30 school days. Any district school board that establishes such a policy shall include provisions in its local school health services plan to assist students in obtaining the health examinations. However, a child shall be exempt from the requirement of a health examination upon written request of the parent of the child stating objections to the examination on religious grounds.

(2) The State Board of Education, subject to the concurrence of the Department of Health, shall adopt rules to govern medical examinations and immunizations performed under this section.

(3) The Department of Health may adopt rules necessary to administer and enforce this section. The Department of Health, after consultation with the Department of Education, shall adopt rules governing the immunization of children against, the testing for, and the control of preventable communicable diseases. The rules must include procedures for exempting a child from immunization requirements. Immunizations shall be required for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other communicable diseases as determined by rules of the Department of Health. The manner and frequency of administration of the immunization or testing shall conform to recognized standards of medical practice. The Department of Health shall supervise and secure the enforcement of the required immunization. Immunizations required by this section shall be available at no cost from the county health departments.

(4) Each district school board and the governing authority of each private school shall establish and enforce as policy that, prior to admittance to or attendance in a public or nonpublic school, grades preschool through 12, each child present or have on file with the school a certification of immunization for the prevention of those communicable diseases for which immunization is required by the Department of Health and further shall provide for appropriate screening of its pupils for scoliosis at the proper age. Such certification shall be made on forms approved and provided by the Department of Health and shall become a part of each student’s permanent record, to be transferred when the student transfers, is promoted, or changes schools. The transfer of such immunization certification by Florida public schools shall be accomplished using the Florida Automated System for Transferring Education Records and shall be deemed to meet the requirements of this section.

(5) The provisions of this section shall not apply if:

(a) The parent of the child objects in writing that the administration of immunizing agents conflicts with his or her religious tenets or practices;

(11) The provisions of this section do not apply to those persons admitted to or attending adult education classes unless the adult students are under 21 years of age.

View the entire chapter: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/SEC22.HTM&Title=-%3E2003-%3ECh1003-%3ESection%2022

Student and Parental Rights and Educational Choices
Chapter 1002.20 F.S.

K-12 Student and Parent Rights

Parents of public school students must receive accurate and timely information regarding their child’s academic progress and must be informed of ways they can help their child to succeed in school. K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:

(3)  Health Issues —

(a)  School-entry health examinations.–The parent of any child attending a public or private school shall be exempt from the requirement of a health examination upon written request stating objections on religious grounds in accordance with the provisions of s. 1003.22(1) and (2).

(b)  Immunizations.–The parent of any child attending a public or private school shall be exempt from the school immunization requirements upon meeting any of the exemptions in accordance with the provisions of s. 1003.22 (5).

(17) Athletics; Public High School –

(b) Medical evaluation.–Students must satisfactorily pass a medical evaluation each year before participating in athletics, unless the parent objects in writing based on religious tenets or practices.

View the entire chapter: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1002/Sec20.HTM

Student and Parental Rights and Educational Choices
Chapter 1002.23 F.S.

Family & School Partnership for Student Achievement Act

(7) Each school district shall develop and disseminate a parent guide to successful student achievement, consistent with the guidelines of the Department of Education, which addresses what parents need to know about their child’s educational progress and how parents can help their child to succeed in school. The guide must:

(e)  Provide information on the importance of student health and available immunizations and vaccinations, including, but not limited to:

1.  A recommended immunization schedule in accordance with United States Centers for Disease Control and Prevention recommendations.

2.  Detailed information regarding the causes, symptoms, and transmission of meningococcal disease and the availability, effectiveness, known contraindications, and appropriate age for the administration of any required or recommended vaccine against meningococcal disease, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention.

View the entire chapter: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1002/Sec23.HTM

Student and Parental Rights and Educational Choices
Chapter 1002.42 F.S.

Private Schools

6)  IMMUNIZATIONS.–The governing authority of each private school shall:

(a)  Require students to present a certification of immunization in accordance with the provisions of s. 1003.22 (3)-(11)

(b)  Provide information on the importance of student health and available immunizations and vaccinations, including, but not limited to:

1.  A recommended immunization schedule in accordance with United States Centers for Disease Control and Prevention recommendations.

2.  Detailed information regarding the causes, symptoms, and transmission of meningococcal disease and the availability, effectiveness, known contraindications, and appropriate age for the administration of any required or recommended vaccine against meningococcal disease, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention.

View the entire chapter: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1002/Sec42.HTM

Home School Education
Chapter 1001.21 F.S.

Office of Private Schools and Home Education Programs

The state recognizes the contributions of private schools and home education programs in providing alternatives to public school education. These nongovernmental educational systems serve the public, but are not considered to be a part of the public system of education.

(1) The Office of Private Schools and Home Education Programs is established within the Department of Education. The Department of Education and the Commissioner of Education have no authority over the institutions or students served by the office.

View the entire chapter: http://flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1001/SEC21.HTM&Title=->2009->Ch1001->Section%2021#1001.21

Title XXIX – Public Health

Health & Human Services: Miscellaneous Provisions

Child Care Facilities
Chapter 402.305  F.S.

Licensing standards

(1) The department shall establish licensing standards that each licensed child care facility must meet regardless of the origin or source of the fees used to operate the facility or the type of children served by the facility.

(9) Admissions and Recordkeeping

(a) Minimum standards shall include requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children.

(b) During the months of August and September of each year, each child care facility shall provide parents of children enrolled in the facility detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

(c) Because of the nature and duration of drop-in child care, requirements for preadmission and periodic health examinations and requirements for medically signed records of immunization required for child care facilities shall not apply. A parent of a child in drop-in child care shall, however, be required to attest to the child’s health condition and the type and current status of the child’s immunizations.

View the entire chapter: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0402/Sec305.HTM

Family Day Care Homes
Chapter 402.313 F.S.

Record Keeping

(1)(a) Family day care homes shall register annually with the department, providing

(7)  Proof that immunization records are kept current.

(14)  During the months of August and September of each year, each family day care home shall provide parents of children enrolled in the home detailed information regarding the causes, symptoms, and transmission of the influenza virus in an effort to educate those parents regarding the importance of immunizing their children against influenza as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

View the entire chapter: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0402/SEC313.HTM&Title=->2009->Ch0402->Section%20313#0402.313

Title XXX – Social Welfare

Family Self Sufficiency
Chapter 414.13 F.S.

Immunizations

Each applicant who has a preschool child must begin and complete appropriate childhood immunizations for the child as a condition of eligibility. At the time of application and redetermination of eligibility, the department shall advise applicants and participants of the availability of childhood immunizations through the county health department. Each participant who has a preschool child must verify compliance with the section. If a participant fails to provide such verification, the child for whom such verification is not provided shall be removed from consideration for purposes of calculating the assistance available to the family. If the child subject to this requirement is the only child in the family, participation in the program shall be terminated until verification of compliance is provided. The department shall waive this requirement if the failure to immunize the child is because of religious reasons or other good cause, as defined in rules adopted by the department.

View the entire chapter: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0414/ch0414.htm

Florida DOH Administrative Code 64D-3 Division of Disease Control

Immunization Requirements Public and Nonpublic Schools Childcare, Family Daycare, Pre-K, K-12 and Adult Education Classes
Rule 64D-3.046

(1) (a) Immunization and Documentation Requirements (for compliance with s. 1003.22 F.S.):

(b) A student may attend a public or non-public school, grades preschool through 12 or an adult education class if younger than 21, if prior to admittance, attendance or transfer, they present one of the following for inspection for validity by an authorized school official:

1. DH Form 680, Florida Certification of Immunization (July 2008), incorporated by reference, available from Department of Health (DOH) county health departments (CHDs) or physicians’ offices.

2. Documentation of receipt of or exemption from must be noted for the following immunizations: diphtheria, tetanus, pertussis, poliomyelitis, measles (rubeola), rubella, mumps, varicella and hepatitis B. The manner and frequency of administration of the immunizations shall conform to recognized standards of medical practice.

(e) DH Form 681, Religious Exemptions for Immunizations (English/Spanish/Haitian-Creole) (February 2002), incorporated by reference, available at DOH CHDs, must be issued and signed by the local county health department medical director or designee.

View the entire rule: http://www.doh.state.fl.us/Disease_ctrl/epi/topics/64D-3_11-08.pdf

Florida DOH Administrative Code 65C-20 Family Day Care Standards

Health Records
Rule 65C-20.011

(1) Immunizations (for compliance with s. 42.313 F.S.)

(a) The family day care home provider is responsible for obtaining, for each child in care, a current, complete and properly executed Florida Certification of Immunization form, Parts A-1, B, and or C, DH 680 (July 2001), or the Religious Exemption from Immunization form, DH 681 (May 1999), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local health department. Immunizations received out-of-state are acceptable; however, immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines – Florida Schools, Child Care Facilities and Family Day Care Homes”

(d) School-aged children attending public or nonpublic schools are not required to have student health examination and immunization records on file at the family day care home as such records are on file at the school where the child is enrolled.

View the entire rule: http://www.familychildcare.org/pdf/Providers/65C-20.pdf

Florida DOH Administrative Code 65C-22 Child Care Standards

Record Keeping
Rule 65C-22.006

(1) General Requirements:

(a) Records required to document compliance with s. 402.305 F.S., and rules adopted thereunder, shall be maintained at the facility and available during the hours of operation for review by the licensing authority.

(2) Children’s Health Requirements:

(c) The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Florida Certification of Immunization form Part A-1, B, or C, DH 680 (July 2001), or Religious Exemption from Immunization form, DH 681 (May 1999), which are incorporated herein by reference, from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local county health department. Immunizations received out-of-state are acceptable, however, immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines-Florida Schools, Child Care Facilities and Family Day Care Homes”

View the entire rule: http://www.doh.state.fl.us/Family/School/legislative/65C-22006.pdf

Florida DOH Administrative Code 65C-25 Specialized Child Care Standards

Record Keeping
Rule 65C-25.008

(1) General Requirements

(a) All records required to document compliance with Section 402.305, F.S., shall be maintained at the facility, available during the hours of operation for the licensing authority to review.

(b) Copies of required records are acceptable for documentation. Original documents are the property of the party providing the information.

(2) Children’s Records.

(a) Each child’s record shall contain a signed statement from the parent, attesting to the child’s immunization status, either current or religiously exempt from immunization, as required by Florida Administrative Code Chapter 64D-3

View the entire rule: http://ccrain.fl-dcf.org/(X(1))/documents/2/27.pdf

Florida DOH Administrative Code 65A-4 Child Welfare & Family Self-Sufficiency

Immunization Program
Rule 65A-4.216

For compliance with s. 414.13 F.S.

(1) A child whose needs have been removed from the temporary cash assistance grant due to failure of the recipient to provide verification of immunization(s) or exemption through good cause will remain eligible for Medicaid. The child’s needs will be reinstated when the individual provides proof that the immunization sequence has started and is up-to-date or complete, or that good cause for failure to immunize exists. Examples of good cause exemptions from the immunization requirement include religious reasons or a permanent medical condition that prohibits immunization.

(2) Any written statement containing information that the immunizations are current, the date the next immunization is due and the dated signature of a health care professional licensed under Chapter 458, 459 or 460, F.S., or authorized designee is acceptable as verification for immunization requirements. DH Form 680, 11/96, Florida Certification of Immunization, incorporated by reference, is an example of acceptable verification. Oral verification through direct contact between departmental staff and the health care professional or their authorized designee is allowed when the participant is unable to obtain written verification. DH Form 680 when signed by a healthcare professional licensed under Chapter 458 or 459, F.S., also will be used as verification of good cause for failure to immunize a child due to a permanent medical condition. DH Form 681, 5/99, Religious Exemption from Immunization, incorporated by reference, signed by the county public health director or administrator is acceptable verification of good cause for failure to immunize a child because of religious beliefs.

Refer to: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=65A-4