Sec. 1. "RCW
28A.210.070 and 2017 3rd sp.s. c 6 s 217 are each reenacted and amended to read as follows:
(1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW
28A.210.060 through
28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center.
(2) "Child" shall mean any person, regardless of age, in attendance at a public ((or private)) school or a licensed day care center.
(3) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter
43.216 RCW.
(4) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health.
(5) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services.
(6) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district ((
and by or in behalf of any private school or private institution)) subject to approval by the state board of education pursuant to RCW
28A.305.130((
, 28A.195.010 through 28A.195.050,)) and
28A.410.120.
Sec. 2. RCW
28A.210.080 and 2007 c 276 s 1 are each amended to read as follows:
(1) The attendance of every child at every public ((
and private)) school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW
28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year. Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.
(2)(a) Beginning with sixth grade entry, every public ((and private)) school in the state shall provide parents and guardians with information about meningococcal disease and its vaccine at the beginning of every school year. The information about meningococcal disease shall include:
(i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction.
(d) This subsection does not create a private right of action.
(3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with information about human papillomavirus disease and its vaccine at the beginning of every school year. The information about human papillomavirus disease shall include:
(i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction.
(d) This subsection does not create a private right of action.
(4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available."
Sec. 2. "RCW
28A.210.110 and 1991 c 3 s 291 are each amended to read as follows:
A child's proof of immunization or certification of exemption shall be presented to the chief administrator of the public ((or private)) school or day care center or to his or her designee for that purpose. The chief administrator shall:
(1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center;
(2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW
28A.210.120 for not less than three years following the date of a child's exclusion;
(3) File a written annual report with the department of health on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of health; and
(4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying.
Sec. 3. RCW
28A.210.120 and 2006 c 263 s 909 are each amended to read as follows:
It shall be the duty of the chief administrator of every public ((
and private)) school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW
28A.210.080 and to continue to prohibit the child's presence until such proof of immunization, certification of exemption, or approved schedule has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the office of the superintendent, in consultation with the state board of health. The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services. Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW
28A.210.080. The notice shall fully inform such person(s) of the following: (1) The requirements established by and pursuant to RCW
28A.210.060 through
28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless RCW
28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW
28A.210.160 and/or
28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health department and other public agencies."