BILL NUMBER: S7324

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to directing parents
file petitions for a child denied school entrance or attendance to the
director of the bureau of immunizations; and to repeal subdivision 6-a
of section 310 of the education law relating thereto

 
SUMMARY OF PROVISIONS:

Section 1 repeals subdivision 6-a of section 130 of the education law

Section two amends paragraph (b) of subdivision 7 of section 2164 of the
public health law to direct appeals for pupil immunization exemptions to
the Director of the Bureau of Immunizations in the NYS Health Depart-
ment.

Section three provides for the effective date.

 
JUSTIFICATION:
              

Under current law parents or persons in a parental relationship to a
child who is denied entrance or attendance at school because the child
has not been immunized can follow a time-consuming exemption appeal
process that can vary from district to district and which can eventually
lead to the Commissioner of Education.

This appeal process is more properly centered in the Department of
Health (DOH). Immunization is fundamentally a public health issue, the
pupil immunization requirements are contained in the Public Health law,
and appealing directly to the Director of Immunization will provide a
one-step process that will result in a uniform standard for all students
across the state. Additionally, the process proposed by this legislation
will help avoid the disruptive school board meetings and litigious situ-
ations involving school officials and school physicians that have
occurred in some school districts.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately