§170. Immunization of persons entering schools, kindergartens, colleges, proprietary or vocational schools, and day care centers for the first time; immunization of persons entering sixth grade; electronic transmission of immunization compliance reports

            A.(1)(a) Each person entering any school within the state for the first time, including elementary and secondary schools, kindergartens, colleges, universities, proprietary schools, vocational schools, and licensed day care centers, at the time of registration or entry shall present satisfactory evidence of immunity to or immunization against vaccine-preventable diseases according to a schedule approved by the office of public health, Louisiana Department of Health, or shall present evidence of an immunization program in progress.

            (b) Beginning with the 2009-2010 school year and thereafter, each person entering the sixth grade in any school within the state shall present satisfactory evidence of immunity to or immunization against vaccine-preventable diseases according to a schedule approved by the office of public health, Louisiana Department of Health, or shall present evidence of an immunization program in progress.

            (2) The schedule shall include but not be limited to measles, mumps, rubella, diphtheria, tetanus, whooping cough, poliomyelitis, meningococcal disease, and hemophilus influenzae Type B invasive infections.

            (3) The schedule may provide specific requirements based on age, grade in school, or type of school. At its own discretion and with the approval of the office of public health, an educational institution or licensed day care center may require immunizations or proof of immunity more extensive than required by the schedule approved by the office of public health.

            (4) Notwithstanding the provisions of this Section or any other provision of law to the contrary, no person shall be required to receive a COVID-19 vaccine as a condition of initial enrollment or continuing attendance at any public or nonpublic school or facility enumerated in Paragraph (1) of this Subsection.

            B. A person transferring from another school system in or out of the state shall submit either a certificate of immunization or a letter from his personal physician or a public health clinic indicating immunizations against the diseases in the schedule approved by the office of public health in accordance with Subsection A of this Section having been performed, or a statement that such immunizations are in progress.

            C. If booster immunizations for the diseases enumerated in the schedule approved by the office of public health are advised by that office, such booster immunizations shall be administered before the person enters a school system within the state.

            D.(1) Chief administrators of all elementary and secondary schools, kindergartens, colleges, universities, proprietary schools, vocational schools, and licensed day care centers whether public or private within this state shall:

            (a) Be responsible for checking students' records to see that the provisions of this Section are enforced.

            (b) Electronically transmit immunization compliance reports to the Louisiana Department of Health, office of public health, when the public or private school operates an existing student-specific electronic data system.

            (2) The provisions of this Section which relate to the electronic transmission of data shall be implemented according to rules and regulations promulgated by the Louisiana Department of Health in accordance with the Administrative Procedure Act.

            E.(1) No person attending or seeking to enter any school or facility enumerated in Subsection A of this Section shall be required to comply with the provisions of this Section, including any additional immunization or proof of immunity requirement adopted pursuant to the provisions of this Section, if the person is a distance learner or if the person or his parent or guardian submits either a written statement from a physician stating that the procedure is contraindicated for medical reasons or a written dissent from the student or his parent or guardian.

            (2) Any communication issued to persons or their parents or guardians relative to the requirements of this Section shall include the text and legal citation of Paragraph (1) of this Subsection.

            (3) No teacher or school employee or administrator shall distinguish between students based on whether a student has or has not received vaccines from the schedule provided for in this Section. Actions prohibited by this Paragraph include but are not limited to discrimination based on a student's vaccination status in any of the following acts:

            (a) Determination of eligibility for athletics or other extracurricular activity.

            (b) Allowing or denying participation inside and outside of the classroom.

            (c) Issuance of surveys to students relative to vaccination status.

            (d) Organizing seating arrangements.

            F. In the event of an outbreak of a vaccine-preventable disease at the location of an educational institution or facility enumerated in Subsection A of this Section, the administrators of that institution or facility are empowered, upon the recommendation of the office of public health, to exclude from attendance unimmunized students and clients until the appropriate disease incubation period has expired or the unimmunized person presents evidence of immunization.

            Acts 1990, No. 1047, §1; Acts 1991, No. 275, §1, eff. July 2, 1991; Acts 2008, No. 73, §1; Acts 2008, No. 152, §1; Acts 2015, No. 394, §1; Acts 2024, No. 460, §1; Acts 2024, No. 674, §1; Acts 2024, No, 675, §1.