Interpretation's Date: November 20, 2001
by superintendent David Stewart
Section: IV. Students
November 20, 2001
Manny P. Arvon, Superintendent
Dear Mr. Arvon:
This is to acknowledge the receipt of your letter dated September 10, 2001 relative to the compulsory immunization of school children. In particular, you asked:
"whether a student, who has received one dose of a two dose immunization against diphtheria, polio, rubeola, rubella, tetanus and whooping cough, may attend school before receiving the final dose. Is your interpretation the same if the student is enrolling from outside the State of West Virginia?"
You properly note that West Virginia Code 16-3-4 is the applicable authority. The
pertinent portions state that:
Further guidance can be found in Title 64, Legislative Rule, Department of Health, Series 58 Immunization Criteria for Transfer Students, which states the following:
3.1. No transfer student, unless he or she has a
medical exemption, shall be allowed to enter a West Virginia
school without at least one dose of diphtheria and tetanus
toxoids and pertussis vaccine (DTP) or adult tetanus and
diphtheria toxoids (Td) or pediatric diphtheria and tetanus
toxoids (DT) based on age appropriateness, one dose of live
or killed poliomyelitis vaccine, one dose of measles vaccine
and one dose of rubella vaccine.
As a result, it is my opinion that a student, who has received one dose of the required immunizations listed above, may attend school before receiving the final doses and shall have ninety (90) days from the date of admission to complete the required doses. This interpretation is the same whether or not the student is enrolling from outside the State of West Virginia.
Hoping that I have been of service, I am,