A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-29-180, RELATING TO VACCINATION AND IMMUNIZATION REQUIREMENTS OF SCHOOL PUPILS AND DAY CARE CENTER CHILDREN, SO AS TO REMOVE THE RELIGIOUS EXEMPTION FOR THE MMR VACCINE FOR CHILDREN ATTENDING PUBLIC SCHOOLS; BY AMENDING SECTION 59-8-110, RELATING TO EDUCATION SCHOLARSHIP TRUST FUND DEFINITIONS, SO AS TO DEFINE AN ELIGIBLE STUDENT AS ONE WHO HAS HAD A MMR VACCINE OR A MEDICAL EXEMPTION; BY AMENDING SECTION 59-41-20, RELATING TO CHILDREN ELIGIBLE FOR GRANTS, SO AS TO INCLUDE A REQUIREMENT THAT AN ELIGIBLE CHILD HAS A MMR VACCINE OR MEDICAL EXEMPTION; AND BY ADDING SECTION 59-101-600 SO AS TO MANDATE A PERSON MUST HAVE A MMR VACCINE TO ATTEND A PUBLIC INSTITUTION OF HIGHER LEARNING.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-29-180 of the S.C. Code is amended to read:

 

    Section 44-29-180. (A) No superintendent of an institution of learning, no school board or principal of a school, and no owner or operator of a public or private childcare facility as defined in Section 63-13-20 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Public Health and Environmental Control.  Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted.

    (B) The Department of Public Health and Environmental Control shall monitor the immunization status of each child who is enrolled or retained in a licensed child day care facility or a registered church or religious child day care facility.  The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Public Health and Environmental Control for all infants and children.

    (C) South Carolina Department of Public Health and Environmental Control Regulation 61-8 60-8, as amended, "Vaccination, Screening and Immunization Regarding Contagious Diseases", and only its exemptions apply to this section; but the Department of Public Health or a local health department shall not grant a Certificate of Religious Exemption for the measles, mumps, and rubella (MMR) vaccine.

    (D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received.  A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment.  At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, or a valid South Carolina Certificate of Religious Exemption.

    (E) Registered family day care homes are exempt from requirements of this section.

 

SECTION 2.  Section 59-8-110(4) of the S.C. Code is amended to read:

 

    (4) "Eligible student" means a student who:

       (a) is a resident of this State;  and

       (b)(i) has attained at least the age of five on or before September first of the school year in which scholarship funds are awarded;

           (ii) in School Year 2025-2026, has a household income that does not exceed three hundred percent of the federal poverty guidelines;  and

           (iii) in School Year 2026-2027, and all subsequent years has a household income that does not exceed five hundred percent of the federal poverty guidelines; and.

       (c) has a valid South Carolina Certificate of Immunization that shows the student has been administered at least two doses of the measles, mumps, and rubella (MMR) vaccine or a valid South Carolina Certificate of Medcical Exemption.

       "Eligible student" does not include students participating in the Educational Credit for Exceptional Needs Children's Fund program, as provided in Section 12-6-3790 or a student who is not subject to the compulsory attendance requirements of Section 59-65-10.

 

SECTION 3.  Section 59-41-20 of the S.C. Code is amended to read:

 

    Section 59-41-20.  Subject to the terms and provisions of this chapter every school child in the State who has not yet finished or graduated from high school, has a valid South Carolina Certificate of Immunization that shows the student has been administered at least two doses of the measles, mumps, and rubella (MMR) vaccine or a valid South Carolina Certificate of Medcical Exemption, and who desires to attend a private school located within the State shall be eligible for and entitled to receive a State scholarship grant in an amount equal to the per pupil cost to the State of public education as certified by the Governor.

 

SECTION 4.  Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-101-600.  Notwithstanding any other provision of law, no one may attend a public institution of higher learning without having been successfully administered at least two doses of the measles, mumps, and rubella (MMR) vaccine.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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