Title 22, Colorado
Revised Statutes: Education Article 33:
School Attendance Law of 1963 Section 104
22-33-104. Compulsory school attendance.
(1) Except as otherwise provided in
subsection (2) of this section, every child who has attained the age of seven
years and is under the age of sixteen years, except as provided by this section,
shall attend public school for at least one thousand fifty-six hours if a
secondary school pupil or nine hundred sixty-eight hours if an elementary school
pupil during each school year; except that in no case shall a school or schools
be in session for fewer than one hundred sixty days without the specific prior
approval of the commissioner of education. A student who participates in an
on-line program pursuant to the provisions of section 22-33-104.6 shall be
deemed to attend school in accordance with the requirements of this subsection
(1).
(1.5) Notwithstanding the provisions of
subsection (1) of this section and any other provision of this article relating
to compulsory school attendance, the compulsory school attendance laws apply to
a six-year-old child who has been enrolled in a public school in the first grade
or in a higher grade level. In such circumstances, the courts may issue orders
to compel compliance with the compulsory school attendance requirements of this
article. However, this subsection (1.5) shall not apply to a six-year-old child
whose parent or legal guardian chooses to withdraw such child.
(2) The provisions of subsection (1)
of this section shall not apply to a child:
(a) Who is temporarily ill or injured or
whose absence is approved by the administrator of the school of attendance;
(b) Who is
enrolled for a minimum of one hundred seventy-two days in an independent*or
parochial school which provides a basic academic education. "Basic academic
education" for the purpose of this article means the sequential program of
instruction provided by an independent or parochial school. Such program shall
include, but not be limited to, communication skills of reading, writing, and
speaking, mathematics, history, civics, literature, and science.
(c) Who is absent for an extended period
due to physical, mental, or emotional disability;
(d) Who has been suspended, expelled, or
denied admission in accordance with the provisions of this article; except that,
when a pupil is expelled for the remainder of the school year, the parent,
guardian, or legal custodian is responsible for seeing that either the
provisions of subsection (1) of this section are complied with during the period
of expulsion from the school district or that the pupil meets the conditions for
exemption specified in paragraph (b) or (i) of this subsection (2);
(e) To whom a current age and school
certificate or work permit has been issued pursuant to the "Colorado Youth
Employment Opportunity Act of 1971", article 12 of title 8, C.R.S.;
(f) Who is in the custody of a court or
law enforcement authorities;
(g) Who is pursuing a work-study program
under the supervision of a public school;
(h) Who has graduated from the twelfth
grade;
(i) Who is being instructed at home:
(I) By a teacher licensed pursuant to
article 60.5 or 61 of this title; or
(II) Under a nonpublic home-based
educational program pursuant to section 22-33-104.5.
(III) (Deleted by amendment, L. 2003,
p. 2131, § 24, effective May 22, 2003.)
(j) Who is enrolled in a school where
the state board of education has approved a lesser number of days.
(3) Unless within one of the exceptions
listed in subsection (2) of this section, a child who is deaf or blind, and who
has attained the age of six years and is under the age of seventeen, shall
attend, for at least one hundred seventy-two days during the school year, a
school which provides suitable specialized instruction. The provisions of this
subsection (3) shall not apply to a child if the Colorado school for the deaf
and the blind refuses him admission and it is impractical to arrange for
attendance at a special education class, as provided in article 20 of this
title, within daily commuting distance of the child's home. If any school
providing instruction for deaf or blind children offers fewer than the necessary
one hundred seventy-two days of instruction, the school shall file with the
school district in which it is located a report showing the number of days
classes were held and the names and ages of the children enrolled.
(4) (a) The board of education shall
adopt a written policy setting forth the district's attendance requirements.
Said policy shall provide for excused absences, including those listed as
exclusions from compulsory school attendance in accordance with subsection (2)
of this section; except that paragraph (d) of said subsection (2), relating to
suspension and expulsion, shall be considered an unexcused absence for purposes
of the attendance policy. An attendance policy developed pursuant to this
section may include appropriate penalties for nonattendance due to unexcused
absence, including, but not limited to, the imposition of academic penalty for
classes missed while unexcused.
(b) The attendance policy adopted
pursuant to this subsection (4) shall specify the maximum number of unexcused
absences a child may incur before the attorney for the school district, the
attendance officer, or the local board of education may initiate judicial
proceedings pursuant to section 22-33-108. Calculation of the number of
unexcused absences a child has incurred includes all unexcused absences
occurring during any calendar year or during any school year.
(5) (a) The general assembly hereby
declares that two of the most important factors in ensuring a child's
educational development are parental involvement and parental responsibility.
The general assembly further declares that it is the obligation of every parent
to ensure that every child under such parent's care and supervision receives
adequate education and training. Therefore, every parent of a child who has
attained the age of seven years and is under the age of sixteen years shall
ensure that such child attends the public school in which such child is enrolled
in compliance with this section.
(b) Parents whose children are enrolled
in an independent or parochial school or a non-public home-based educational
program pursuant to the provisions of subsection (2) of this section shall be
exempt from the requirements of this subsection (5).
*Exemption of subsection
(2) requires only enrollment, not attendance, at independent or parochial
school. Legislative change substituting word "enrolled" for word "attends"
was clear evidence of intent not to require physical presence at independent or
parochial school. Periodic attendance for testing only by students otherwise
tutored at home was therefore adequate satisfaction of compulsory attendance
statute. People in Interest of D.B., 767 P.2d 801 (Colo. App. 1988).
Title 22,
Colorado Revised Statutes: Education Article 33:
School
Attendance Law of 1963 Section 104.5, as amended
22-33-104.5.
Home-based education - legislative declaration - definitions - guidelines.
(l) The general assembly hereby declares that it is the
primary right and obligation of the parent to choose the proper education and
training for children under his care and supervision. It is recognized that
home-based education is a legitimate alternative to classroom attendance for the
instruction of children and that any regulation of nonpublic home-based
educational programs should be sufficiently flexible to accommodate a variety of
circumstances. The general assembly further declares that nonpublic home-based
educational programs shall be subject only to minimum state controls which are
currently applicable to other forms of nonpublic education.
(2) As used in this section:
(a) "Nonpublic home-based educational program" means the
sequential program of instruction for the education of a child which takes place
in a home, which is provided by the child's parent or by an adult relative of
the child designated by the parent, and which is not under the supervision and
control of a school district. This educational program is not intended to be and
does not qualify as a private and nonprofit school.
(b) "Parent" includes a parent or guardian.
(c) "Qualified person" means an individual who is selected
by the parent of a child who is participating in a nonpublic home-based
educational program to evaluate such child's progress and who is a teacher
licensed pursuant to article 60.5 of this title, a teacher who is employed by an
independent or parochial school, a licensed psychologist, or a person with a
graduate degree in education.
(3) The following guidelines shall apply to a nonpublic
home-based educational program:
(a) A parent or an adult relative designated by a parent
to provide instruction in a nonpublic home-based educational program shall not
be subject to the requirements of the "Colorado Educator Licensing Act of 1991",
article 60.5 of this title, nor to the provisions of article 61 of this title
relating to teacher employment.
(b) A child who is participating in a nonpublic home-based
educational program shall not be subject to compulsory school attendance as
provided in this article; except that any child who is habitually truant, as
defined in section 22-33-107 (3), at any time during the last six months that
the child attended school before proposed enrollment in a nonpublic home-based
educational program may not be enrolled in the program unless the child's
parents first submit a written description of the curricula to be used in the
program along with the written notification of establishment of the program
required in paragraph (e) of subsection (2) of this section to the
superintendent of a school district within the state.
(c) A nonpublic home-based educational program shall
include no less than one hundred seventy-two days of instruction, averaging four
instructional contact hours per day.
(d) A nonpublic home-based educational program shall
include, but need not be limited to, communication skills of reading, writing,
and speaking, mathematics, history, civics, literature, science, and regular
courses of instruction in the constitution of the United States as provided in
section 22-1-108.
(e) Any parent establishing a nonpublic home-based
educational program shall provide written notification of the establishment of
said program to a school district within the state fourteen days prior to the
establishment of said program and each year thereafter if the program is
maintained. The parent in charge and in control of a nonpublic home-based
educational program shall certify, in writing, only a statement containing
the name, age, place of residence, and number of hours of attendance of each
child enrolled in said program.
(f) Each child participating in a nonpublic home-based
educational program shall be evaluated when such child reaches grades three,
five, seven, nine, and eleven. Each child shall be given a nationally
standardized achievement test to evaluate the child's academic progress, or a
qualified person shall evaluate the child's academic progress. The test or
evaluation results, whichever is appropriate, shall be submitted to the school
district that received the notification required by paragraph (e) of this
subsection (3) or an independent or parochial school within the state of
Colorado. If the test or evaluation results are submitted to an independent or
parochial school, the name of such school shall be provided to the school
district that received the notification required by paragraph (e) of this
subsection (3). The purpose of such tests or evaluations shall be to evaluate
the educational progress of each child. No scores for a child participating in a
nonpublic home-based educational program shall be considered for awarding
academic performance grades pursuant to section 22-7-604 or for accreditation
pursuant to Article 11 of this title.
(g) The records of each child participating in a nonpublic
home-based educational program shall be maintained on a permanent basis by the
parent in charge and in control of said program. The records shall include, but
need not be limited to, attendance data, test and evaluation results, and
immunization records, as required by sections 25-4-901, 25-4-902, and 25-4-903,
C.R.S. Such records shall be produced to the school district that received the
notification required by paragraph (e) of this subsection (3) upon fourteen
days' written notice if the superintendent of said school district has probable
cause to believe that said program is not in compliance with the guidelines
established in this subsection (3).
(4) Any child who has participated in a nonpublic
home-based educational program and who subsequently enrolls in the public school
system may be tested by the school district for the purpose of placing the child
in the proper grade and shall then be placed at the grade level deemed most
appropriate by the school district with the consent of the child's parent or
legal guardian. The school district shall accept the transcripts from the
nonpublic home-based educational program for any such child.
(5) (a) (I) If test results submitted to the appropriate
school district pursuant to the provisions of paragraph (f) of subsection (3) of
this section show that a child participating in a nonpublic home-based
educational program received a composite score on said test which was above the
thirteenth percentile, such child shall continue to be exempt from the
compulsory school attendance requirement of this article. If the child's
composite score on said test is at or below the thirteenth percentile, the
school district shall require the parents to place said child in a public or
independent or parochial school until the next testing period; except that
no action shall be taken until the child is given the opportunity to be retested
using an alternate version of the same test or a different nationally
standardized achievement test selected by the parent from a list of approved
tests supplied by the state board.
(II) If evaluation results submitted to the appropriate
school district pursuant to the provisions of paragraph (f) of subsection (3) of
this section show that the child is making sufficient academic progress
according to the child's ability, the child will continue to be exempt from the
compulsory school attendance requirement of this article. If the evaluation
results show that the child is not making sufficient academic progress, the
school district shall require the child's parents to place the child in a public
or independent or parochial school until the next testing period.
(b) If the child's test or evaluation results are
submitted to an independent or parochial school, said school shall notify the
school district that received the notification pursuant to paragraph (e) of
subsection (3) of this section if the composite score on said test was at or
below the thirteenth percentile or if the evaluation results show that the child
is not making sufficient academic progress. The school district shall then
require the parents to proceed in the manner specified in paragraph (a) of this
subsection(5).
(6) (a) If a child is participating in a nonpublic
home-based educational program but also attending a public school for a portion
of the school day, the school district of the public school shall be entitled to
count such child in accordance with the provisions of section 22-54-103 (10) for
purposes of determining pupil enrollment under the "Public School Finance Act of
1994", article 54 of this title.
(b)(I) For purposes of this subsection (6), a child who is
participating in a
nonpublic home-based educational program shall have the same rights as a
student enrolled in a public or private school to participate on an equal basis
in any extracurricular or interscholastic activity offered by a public school
or offered by a private school, at the private school's discretion, as provided
in section 22-32-116.5 and is subject to the same rules of any interscholastic
organization or association of which the student's school of participation is a
member.
(II) (A) Except as provided for in sub-subparagraph (B) of
this subparagraph (II), for purposes of section 22-32-116.5, the school district
of attendance for a child who is participating in a nonpublic home-based
educational program shall be deemed to be the school district that received the
notification pursuant to paragraph (e) of subsection (3) of this section.
For purposes of section 22-32-116.5, the school district
of attendance for a child who withdraws from a public or private school more
than fifteen days after the start of the school year and enters a nonpublic
home-based educational program shall be the school district or private school
from which the child withdrew for the remainder of that school year. If, during
the remainder of that academic year, the child chooses to participate in
extracurricular or interscholastic activities at the same school and was
eligible for participation prior to withdrawing from the school, the child
remains eligible to participate at such school.
(c) No child participating in an extracurricular or
interscholastic activity pursuant to paragraph (b) of this subsection (6) shall
be considered attending the public school district where the child participates
in such activity for purposes of determining pupil enrollment under paragraph
(a) of this subsection (6).
(d) As used in this subsection (6), "extracurricular or
interscholastic activities" shall have the same meaning as "activity" as set
forth in section 22-32-116.5 (10).
(e) If any fee is collected pursuant to this subsection
(6) for participation in an activity the fee shall be used to fund the
particular activity for which it is charged and shall not be expended for any
other purpose.
Attending a Private School Remotely
"Colorado case law has established the legality of being enrolled in a school
but attending "remotely." The idea is that a school is responsible for the
content of the education, but allows the student to be taught at home by their
parent(s). In this case, the student is enrolled in the school, and would not
be considered a home school student in Colorado. The enrolling school must be
in Colorado."
Copyright 2002,
Homeschool Info Network This
arrangement is usually called an "umbrella school."
22-1-114. Statements
from Private Schools.
Whenever requested by the
board of education of the school district in which a private school is located,
if not more often than once per month, the person or corporation in charge and
control of any school other than a public school shall certify in writing, and,
if so requested, upon forms or blanks furnished by the said school district for
that purpose, a statement containing the name, age, place of residence, and
number of days of attendance at school during the preceding month or since the
preceding report of all children of school age who then are or since the
preceding report have been attending any such school.
Required Teaching Subjects
22-1-110.
Effect
of Use of Alcohol and Controlled Substances to be Taught.
The nature of alcoholic
drinks and controlled substances, as defined in section 12-22-303 (7), C.R.S.,
and special instruction as to their effects upon the human system in connection
with the several divisions of the subject of physiology and hygiene, as to the
physical, emotional, psychological, and social dangers of their use with an
emphasis upon the nonuse of such substances by school-age children, and as to
the illegal aspects of their use shall be included in the branches of study
taught to school-age children during grades kindergarten through grade twelve in
the public schools of the state. They shall be studied and taught, as thoroughly
and in the same manner as other like required branches are taught in said
schools, by the use of instructional materials and strategies designated by the
board of directors of the respective school districts.
22-1-103.
Policy of State to
Instruct in English - Exceptions.
Instruction in the common
branches of study in the public schools of this state shall be conducted
principally through the medium of the English language; except that it shall be
the policy of the state also to encourage the school districts of the state to
develop bilingual skills and to assist pupils whose experience is largely in a
language other than English to make an effective transition to English with the
least possible interference in other learning activities
22-1-104.
Teaching of
History, Culture, and Civil Government.
(1) The history and civil
government of the state of Colorado shall be taught in all the public schools of
this state.
(2) In addition, the
history and civil government of the United States, which includes the history,
culture, and contributions of minorities, including, but not limited to, the
American Indians, the Hispanic Americans, and the African Americans, shall be
taught in all the public schools of the state.
(3) (a) Satisfactory
completion of a course on the civil government of the United States and the
state of Colorado, which includes the subjects described in subsection (2) of
this section, shall be a condition of high school graduation in the public
schools of this state.
(b) The condition of
graduation described in paragraph (a) of this subsection (3) shall apply only to
students entering their first year of high school on and after August 6, 2003.
(4) (a) In an effort to
increase civic participation among young people, each school district board of
education shall convene a community forum on a periodic basis, but not less than
once every ten years, for all interested persons to discuss adopted content
standards in civics, including the subjects described in subsection (2) of this
section, and in conformance with the plan to reexamine acceptable performance
levels described in section 22-7-407 (2).
(b) Based upon input from
this community forum, each school district board of education shall determine
how the subject areas specified in this section are addressed when establishing
graduation requirements.
22-1-106.
Information as to Honor and
Use of Flag.
(1) The commissioner of
education shall provide the necessary instruction and information so that all
teachers in the grade and high schools in the state of Colorado may teach the
pupils therein the proper respect of the flag of the United States, to honor and
properly salute the flag when passing in parade, and to properly use the flag in
decorating and displaying.
(2) (a) The teacher and
students in each classroom in each public elementary, middle, and junior high
school in the state of Colorado shall begin each school day by reciting aloud
the pledge of allegiance to the flag of the United States of America. The
teacher and students in each classroom in each public high school in the state
of Colorado shall recite aloud the pledge of allegiance to the flag of the
United States of America when the school conducts its daily announcements. If a
public high school does not conduct daily announcements, then the teacher and
students in each classroom in the public high school shall, on a daily basis,
recite aloud the pledge of allegiance to the flag of the United States of
America.
(b) Nothing in this
subsection (2) shall be construed to require a teacher or a student to recite
the pledge of allegiance described in paragraph (a) of this subsection (2) if
the teacher or student objects to the recitation of the pledge on religious
grounds. A student shall be exempt from reciting the pledge of allegiance if a
parent or guardian of the student objects in writing to the recitation of the
pledge on any grounds and files the objection with the principal of the school.
(c) Nothing in this
subsection (2) shall be construed to require students and teachers who are not
United States citizens and are attending or teaching school in the state of
Colorado to recite the pledge of allegiance described in paragraph (a) of this
subsection (2).
22-1-107. Pupils to be
Instructed.
Upon such information and
instruction being furnished, it is the duty of each teacher in such schools to
see that the pupils therein receive such instruction and information.
22-1-108.
Federal Constitution to be Taught.
In all public and private
schools located within the state of Colorado, there shall be given regular
courses of instruction in the constitution of the United States.
22-1-109. Taught at What Stages.
Such instruction in the
constitution of the United States shall begin not later than the opening of the
junior high schools or seventh grade and shall continue in the high school
course and in courses in state colleges, universities, and the educational
departments of state and municipal institutions to an extent to be determined by
the commissioner of education.
Title 22,
Colorado Revised Statutes: Education Article 7:
Educational
Accountability Section 409, as amended
22-7-409. Assessments - repeal (Abbreviated version
with information specific to home based education)
(1) Beginning in the spring semester 1997, the department
shall implement the Colorado student assessment program under which the
department shall administer statewide assessments adopted by the board pursuant
to section 22-7-406 in the first priority areas of reading, writing,
mathematics, and science. The department shall administer the English versions
of the state assessments and may administer any assessments adopted by the board
in languages other than English, as may be appropriate for students whose
dominant language is not English; except that any student who has participated
in the English language proficiency program, created pursuant to section
22-24-104, for more than a total of three school years shall be ineligible to
take the assessments in a language other than English.
(III) Nothing in this section shall be construed as
requiring a child participating in a nonpublic home-based educational program
pursuant to section 22-33-104.5 to take an assessment or exam administered
pursuant to this section.
(1.3) (b) A school district, upon the request of the
parent or legal guardian of a child who is participating in a nonpublic
home-based educational program pursuant to section 22-33-104.5, shall permit
such child to take any assessment required by subsection (1) of this section and
shall provide to the parent or legal guardian of the child the results of any
assessments administered, including diagnostic reporting for such child's
performance on each assessment. The parent or legal guardian of such a child
shall be required to pay all costs associated with administering and providing
results for such assessments.
The Colorado Immunization Law states that preschool
students, kindergarten students, and students currently registering will be
denied entry to school unless they meet the minimum immunization requirements.
Transfer students must provide immunizations upon
admission. Should their immunizations not meet Colorado requirements, the
student(s) will complete an immunization plan and make progress towards
compliance within 14 days.
Minimum requirements are as follows:
|
Preschool: |
4 DPT/TD, 3 Polio, 1 Measles, Mumps, Rubella,
*1 Hib (if one dose is given at 15 months,
requirement met; if given before 15 months, 2
doses are required), 3 Hepatitis B, 1 Varicella |
|
Grades K-4: |
5 DTP/TD**, 4 Polio***, 2
Measles, Mumps, Rubella, 3 Hepatitis B and 1 Varicella |
|
Grades 5-6: |
5 DTP/TD**, 4 Polio***, 1
Measles, Mumps, Rubella, and 3 Hepatitis B |
|
Grades 7-12: |
5 DTP/TD**, 4 Polio***, 2
Measles, Mumps, Rubella, and 3 Hepatitis |
**5 Doses
of DTP/TD unless the 4th dose was given on or after the 4th birthday in which
case only 4 doses are required.
***4
Doses of Polio unless the 3rd dose was given on or after the 4th birthday in
which case only 3 doses are required.
One of the following must be provided at registration:
- A Certificate of Immunization signed by a licensed
physician or authorized representative indicating the day, month, and year for
all immunizations. If your student had the chicken pox disease, a
laboratory test showing immunity or a disease history from a health care
provider, parent or guardian is acceptable in lieu of the Varicella.
- If immunization creates a health risk for your child, a
Certificate of Immunization with the medical exemption on the reverse side
must be signed by a licensed physician.
- If immunization is against your religious or personal
belief, you must sign the religious or personal exemption on the reverse side
of the Certificate of Immunization and provide a written statement of
explanation.
Immunizations are available through the
El Paso County Health Department or your family physician. For further
information, contact
Central Registry by e-mail or phone: 719-598-2566.
25-4-901. Definitions.
As used in this part 9,
unless the context otherwise requires:
(1) "Certificate of
immunization" means one of the following forms of documentation that include the
dates and types of immunizations administered to a student:
(a) A paper document that
includes information transferred from the records of a licensed physician,
registered nurse, or public health official; or
(b) An electronic file or a
hard copy of an electronic file provided to the school directly from the
immunization tracking system, established pursuant to section 25-4-1705 (5) (e).
(1.5) "Child" means any
student less than eighteen years of age.
(2) "School" means a
public, private, or parochial nursery school, day care center, child
care facility, family child care home, foster care home, head start program,
kindergarten, elementary or secondary school through grade twelve, or college or
university. "School" does not include college or university courses of study
that are offered off-campus, or are offered to nontraditional adult students, as
defined by the governing board of the institution, or are offered at colleges or
universities that do not have residence hall facilities.
(3) "Student" means any
person enrolled in a Colorado school as defined in subsection (2) of this
section.
25-4-902.
Immunization Prior to Attending School.
(1) Except as provided in
section 25-4-903, no child shall attend any school in the state of Colorado on
or after the dates specified in section 25-4-906 (4) unless he or she has
presented the following to the appropriate school official:
(a) An up-to-date
certificate of immunization from a licensed physician or authorized
representative of the department of public health and environment or local
health department stating that such child has received immunization against
communicable diseases as specified by the state board of health, based on
recommendations of the advisory committee on immunization practices of the
United States department of health and human services or the American academy of
pediatrics; or
(b) A written authorization
signed by one parent or guardian or an authorization signed by the emancipated
child requesting that local health officials administer the immunizations.
(c) (Deleted by amendment,
L. 97, p. 408, § 1, effective July 1, 1997.)
(2) If the student's
certificate of immunization is not up-to-date according to the requirements of
the state board of health, the parent or guardian or the emancipated student or
the student eighteen years of age or older shall submit to the school, within
fourteen days after receiving direct personal notification that the certificate
is not up-to-date, documentation that the next required immunization has been
given and a written plan for completion of all required immunizations. The
scheduling of immunizations in the written plan shall follow medically
recommended minimum intervals approved by the state board of health. If the
student begins but does not continue or complete the written plan, he or she
shall be suspended or expelled pursuant to this part 9.
25-4-903.
Exemptions from Immunization.
(1) (Deleted by amendment,
L. 97, p. 409, § 2, effective July 1, 1997.)
(2) It is the
responsibility of the parent or legal guardian to have his or her child
immunized unless the child is exempted pursuant to this section. A student shall
be exempted from receiving the required immunizations in the following manner:
(a) By submitting to the
student's school certification from a licensed physician that the physical
condition of the student is such that one or more specified immunizations would
endanger his or her life or health or is medically contraindicated due to other
medical conditions; or
(b) By submitting to the
student's school a statement of exemption signed by one parent or guardian or
the emancipated student or student eighteen years of age or older that the
parent, guardian, or student is an adherent to a religious belief whose
teachings are opposed to immunizations or that the parent or guardian or the
emancipated student or student eighteen years of age or older has a personal
belief that is opposed to immunizations.
(3) The state board of
health may provide, by regulation, for further exemptions to immunization based
upon sound medical practice.
(4) All information
distributed to parents by school districts regarding immunization shall inform
them of their rights under subsection (2) of this section.
25-4-906.
Certificate of Immunization - Forms.
(1) The department of
public health and environment shall provide official certificates of
immunization to the schools, private physicians, and local health departments.
Upon the commencement of the gathering of epidemiological information pursuant
to section 25-4-1705 (5) to implement the immunization tracking system, such
form shall include a notice that informs a parent or legal guardian that he or
she has the option to exclude his or her infant's, child's, or student's
immunization information from the immunization tracking system created in
section 25-4-1705 (5). Any immunization record provided by a licensed physician,
registered nurse, or public health official may be accepted by the school
official as certification of immunization if the information is transferred to
the official certificate of immunization and verified by the school official.
(2) Each school shall
maintain on file an official certificate of immunization for every student
enrolled. The certificate shall be returned to the parent or guardian or the
emancipated student or student eighteen years of age or older when a student
withdraws, transfers, is promoted, or otherwise leaves the school, or the school
shall transfer the certificate with the student's school record to the new
school. Upon a college or university student's request, the official certificate
of immunization shall be forwarded as specified by the student.
(3) The department of
public health and environment may examine, audit, and verify the records of
immunizations maintained by each school.
(4) All students enrolled
in any school in Colorado on and after August 15, 1979, shall furnish the
required certificate of immunization or shall be suspended or expelled from
school. Students enrolling in school in Colorado for the first time on and after
July 1, 1978, shall provide a certificate of immunization or shall be excluded
from school except as provided in section 25-4-903.
25-4-908.
When Exemption from Immunization Not Recognized.
If at any time there is, in
the opinion of the state department of public health and environment or local
department of health, danger of an epidemic from any of the communicable
diseases for which an immunization is required pursuant to the rules and
regulations promulgated pursuant to section 25-4-904, no exemption or exception
from immunization against such disease shall be recognized. Quarantine by the
state department of public health and environment or local department of health
is hereby authorized as a legal alternative to immunization.
25-4-909. Vaccine-Related Injury or Death - Limitations on Liability.
(1) The general assembly
finds, determines, and declares that immunization of the population of this
state is vital to the health of Colorado citizens and has demonstrated such
finding by requiring such immunization pursuant to the provisions of sections
25-4-901 to 25-4-908.
(2) No person who
administers a vaccine which is required under the provisions of this part 9 to
an infant or child whose age is greater than twenty days shall be held liable
for injuries sustained pursuant to such vaccine if:
(a) The vaccine was
administered using generally accepted clinical methods;
(b) The vaccine was
administered according to the schedule of immunization as published by the
communicable disease control administration of the federal government; and
(c) There were no clinical
symptoms nor clinical history present under which prudent health care
professionals would not have administered such vaccine.
(3) An action shall not be
maintained for a vaccine-related injury or death until action for compensation
for such alleged injury has been exhausted under the terms of the "National
Childhood Vaccine Injury Act of 1986", 42 U.S.C. section 300aa-10 to 300aa-33,
as such law is from time to time amended.
(4) If the injury or death
which is sustained does not fall within the parameters of the vaccine injury
table as defined in 42 U.S.C. section 300aa-14, as enacted on November 14, 1986,
a rebuttable presumption is established that the injury sustained or the death
was not due to the administration of vaccine. Such presumption shall be overcome
by a preponderance of the evidence.
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