State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-217

79-217. School board and governing authority;student; immunization against certain contagious diseases; exception.(1) Exceptas provided in sections 79-221 and 79-222, the school board or board of educationof each school district and the governing authority of each private, denominational,or parochial school in this state shall require each student to be protectedagainst measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, andtetanus by immunization prior to enrollment. Any student who does not complywith this section shall not be permitted to continue in school until he orshe so complies, except as provided by section 79-222. Each school districtshall make diligent efforts to inform families prior to the date of schoolregistration of the immunization requirements of this section.(2) Except as providedin sections 79-221 and 79-222, on and after July 1, 2010, every student enteringthe seventh grade shall have a booster immunization containing diphtheriaand tetanus toxoids and an acellular pertussis vaccine which meets the standardsapproved by the United States Public Health Service for such biological products,as such standards existed on January 1, 2009.(3) Except as provided inthe Childhood Vaccine Act, the cost of such immunizations shall be borneby the parent or guardian of each student who is immunized or by the Departmentof Health and Human Services for those students whose parent or guardian isfinancially unable to meet such cost. SourceLaws 1973, LB 173, § 1; Laws 1973, LB 546, § 1; Laws 1979, LB 59, § 2; Laws 1992, LB 431, § 8; Laws 1993, LB 536, § 109; Laws 1994, LB 1223, § 128; R.S.1943, (1994), § 79-444.01; Laws 1996, LB 900, § 21; Laws 1996, LB 1044, § 811; Laws 2005, LB 301, § 63; Laws 2007, LB296, § 707; Laws 2009, LB464, § 1. Cross ReferencesChildhood Vaccine Act, see section 71-526. AnnotationsAn unimmunized student's right to attend school on presentation of a properly signed immunization waiver is limited by a school board's authority, under former section 79-4,177(1), to exclude the unimmunized student from school during presence of a disease specified by this section. Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341 (1992).