Chapter 5. Immunization of School Students.

§ 38–501. Definitions.

For the purpose of this chapter:

(1) The term “admit” or the term “admission” means the official enrollment at any level by a school of a student that entitles the student to attend the school regularly, whether full-time or part-time, and to participate fully in all the activities established for a student of his or her age, educational level, or other appropriate classification.

(2) The term “certification of immunization” means written certification by a healthcare professional authorized to administer a vaccine, his or her representative, or the public health authorities that the student is immunized.

(2A) The term "COVID-19" means the disease caused by the novel coronavirus SARS-CoV-2.

(3) The term “student” means any person who seeks admission to school, or for whom admission to school is sought by a parent or guardian, and who will not have attained the age of 26 years by the start of the school term for which admission is sought.

(4) The term “immunized” or the term “immunization” means initial immunization and any boosters or reimmunization required to maintain immunization against diphtheria, poliomyelitis, tetanus, rubella, measles, and mumps in accordance with the immunization standards issued by the public health authorities pursuant to this chapter.

(5) The term “Mayor” means the Mayor of the District of Columbia.

(6) The term “public health authorities” means the official or officials of the executive branch of the government of the District of Columbia designated by the Mayor pursuant to this chapter.

(7) The term “responsible person” means, in the case of a student under 18 years of age, a parent or guardian of the student, but in the case of a student 18 years of age or older, the student himself or herself.

(8) The term “school” means:

(A) A District of Columbia Public Schools school or a public charter school serving any grades pre-K through 12;

(B) Any private or parochial school that offers instruction at any level or grade from kindergarten through 12th;

(C) Any private or parochial nursery school or preschool, or any private or parochial day-care facility required to be licensed by the District of Columbia; and

(D) Any college or university created or incorporated by special act of Congress or the Council of the District of Columbia or required to be licensed by the District of Columbia.

§ 38–502. Certification of immunization required.

(a) No student shall be admitted by a school unless the school has certification of immunization for that student, or unless the student is exempted pursuant to § 38-506.

(b) Beginning with School Year 2022-2023:

(1) All certifications of immunization provided by a healthcare professional authorized to administer a vaccine shall be submitted electronically to the public health authorities, which shall electronically transmit the certifications of immunization to the student's local education agency.

(2) All certifications of immunization for a student provided by the public health authorities shall be electronically transmitted to the student's local education agency.

§ 38–502.01. Certification of COVID-19 immunization.

*NOTE: This section includes amendments by temporary legislation that will expire on October 6, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a)(1) Beginning March 1, 2022, and every school year thereafter, a responsible person for a student shall be required to submit to the school to which the student is admitted or is seeking admission:

(A) A certification of COVID-19 immunization for the student; or

(B) The documentation required pursuant to § 38-506 demonstrating that the student is exempt from COVID-19 immunization.

(2) No student shall be admitted by a school unless the school has certification of COVID-19 immunization for that student or the student is exempted pursuant to § 38-506; provided, that this paragraph shall not be enforced until the start of School Year 2023-2024.

(3) Sections 38-504 and 38-505 shall apply to a student for whom a school does not have a certification of COVID-19 immunization; provided, that § 38-505 shall not be enforced with respect to certification of COVID-19 immunization until the start of School Year 2023-2024.

(b) Notwithstanding subsection (a) of this section, if a student has not attained an age for which a COVID-19 vaccine is available, a responsible person for the student shall have 70 days from the date the COVID-19 vaccine becomes available to the student, either by action of the U.S. Food and Drug Administration or the occurrence of the student's birthday, to submit certification of COVID-19 immunization.

(c) Electronic submission of a student's certification of COVID-19 immunization by a healthcare professional authorized to administer a vaccine or a public health authority in accordance with § 38-502(b) shall satisfy the requirement, in subsections (a) and (b) of this section, that a responsible person for the student submit the certification.

(d) For the purposes of this section the term:

(1) "Certification of COVID-19 immunization" means written certification by a healthcare professional authorized to administer a vaccine, his or her representative, or the public health authorities that the student has received COVID-19 immunization, which may include a copy of the student's Centers for Disease Control and Prevention COVID-19 Vaccination Record Card reflecting COVID-19 immunization.

(2) "COVID-19 immunization" means initial immunization and any boosters or reimmunization required to maintain immunization against COVID-19, in accordance with the immunization standards issued by the public health authorities pursuant to this chapter.

(3) "COVID-19 vaccine" means a vaccine against COVID-19 for which the U.S. Food and Drug Administration has granted full approval as opposed to emergency use authorization.

(4) "School" means:

(A) A District of Columbia Public Schools school;

(B) A public charter school; or

(5) "Student" means an individual who is 3 years of age or older who seeks admission to a school or for whom admission is sought by a responsible person.

§ 38–503. Immunization standards; list of immunizations.

The Mayor shall, by regulations, specify the immunization standards to be used for compliance with this chapter, and may also, by regulation, revise the list of requested immunizations; provided, that the Mayor may not issue regulations that conflict with the requirements of § 38-502.01.

§ 38–504. Notification of immunization information by school.

(a) With respect to any student for whom a school does not have certification of immunization, the school shall notify a responsible person:

(1) That it has no certification of immunization for the student;

(2) That it may not admit the student without certification (unless the student is exempted on medical or religious grounds pursuant to § 38-506);

(3) That the student may be immunized and receive certification by a healthcare professional authorized to administer a vaccine or the public health authorities; and

(4) How to contact the public health authorities to learn where and when they perform these services.

(b) Neither the District of Columbia nor any school or school official shall be liable in damages to any person for failure to comply with this section.

§ 38–505. Attendance without certification.

A school shall permit a student to attend for not more than 20 school days while the school does not have certification of immunization for that student. If immunization requires a series of treatments that cannot be completed within the 20 school days, the student shall be permitted to attend school while the treatments are continuing if, within the 20 school days, the school receives written notification from whomever is administering it that the immunization is in progress.

§ 38–506. Exemption from certification.

No certification of immunization shall be required for the admission to a school of a student:

(1) For whom the responsible person objects in good faith and in writing, to the chief official of the school, that immunization would violate his or her religious beliefs; or

(2) For whom the school has written certification by a private physician, his or her representative, or the public health authorities that immunization is medically inadvisable.

§ 38–507. Immunization plan; suspension of chapter.

In order to implement the requirements of this chapter efficiently, the public health authorities may develop a plan under which immunization may be made available to students according to groups defined alphabetically, geographically, or by age or grade or otherwise, and upon application of the public health authorities or the Superintendent of Schools, the Mayor may suspend for no longer than one year the application of this chapter to those groups of students to whom immunization under such a plan will not be made available soon enough to avoid barring them from admission to school.

§ 38–508. Severability.

If any provision of this chapter or its application to any person or circumstance is held to be invalid, the remaining provisions and other applications shall not be affected.