Health service requirements under PA homeschool law

Health Services Requirements under PA Homeschool Law

The Pennsylvania School Code requires homeschooled children to obtain the same health and medical services as their conventionally-schooled counterparts. Unless you claim an exemption to any of the required services (which I will discuss in more detail below), you have a few choices about how and where to obtain health services and maintain health records.

Remember, the affidavit should include a statement that the appropriate medical services have been provided and are on file or a religious or medical or ethical exemption has been claimed.

The affidavit is sufficient evidence of this fact and many parents successfully assert this position without attaching proof of immunizations or other medical services. (if they don’t maintain an exemption).

1. Requests for a List of Immunizations and/or Medical Records

School administrators routinely request a list of immunizations and proof of required medical exams under the authority of rules and regulations issued by the state health advisory board under the Disease Prevention and Control Act of 1955.

According to the regulations, (28 Pa. Code. § 23.86) school administrators are required to “ascertain” and report data related to immunizations to the State Department of Health.

Students in home education programs are specifically included in this requirement. Though an argument could be made that the law could be interpreted to require a supervisor or private tutoring parent of a home education program to report directly to the state health department every year, I’m not sure this would be desirable to most parents.

Even though the home education law clearly states that the affidavit is sufficient evidence of the matters stated therein, this regulation requires a parent to provide a record of immunizations if they don’t claim an exemption.

This discrepancy isn’t likely to be resolved by legislation any time soon and because most parents can’t incur the time and expense required to litigate the matter (or risk their right to educate their children at home while the matter is pending), parents should decide how best to proceed on this issue. My interpretation of the law requires attaching a list of immunizations to the affidavit or with the initial paperwork of a home tutoring program.

It’s important to note that the mandatory reporting requirements imposed on schools only applies to immunizations. If a school administrator requests medical records or proof of medical or dental exams, the statement on the affidavit is sufficient and nothing in the homeschool law or the regulations says otherwise.

2. Where to Obtain Health Services

Most people choose to obtain the required health services with their family providers. “On file” does not mean the records must be kept at home, although they can be. It’s fine, though, if the child’s medical records are kept on file with the provider. If you are going to use this method, just be aware of which tests and exams are required for each grade and understand how to obtain the records you need in order to prove that your child obtained the appropriate services. A fee may be required to obtain a copy, especially if one isn’t obtained during a routine exam.

Another option is to participate in the school district’s health services program. I don’t know anybody who does this but you can simply contact the school to determine when and where they provide the required health screenings. You have the right to be present during the examination. The school will then keep the records on file but you can request a copy. Parents may choose this option for convenience or financial reasons.

Pa Homeschool Law Health Services

                                            

*Check with your home district to determine whether a tuberculin test is required.

** Color vision test must be obtained once by the 5th grade.

In addition to the above timetable, the child’s height and weight and near/distance vision must be checked annually. Anyone can perform these procedures if your family physician does not. You can obtain a printable vision chart and the procedure for conducting a vision screening here or by contacting the Pennsylvania Department of Health.

Exemptions to Health Services Requirements

The information in the chart above assumes that you won’t be claiming an exemption to the health services requirements. Two types of exemptions are recognized: 1) a medical exemption, or 2) a moral or religious exemption.

First, if a physician or a physician’s designee determines that immunizations would be detrimental to the health of the child, the supervisor may claim an exemption from the immunization requirement. A physician’s letter attached to the affidavit is sufficient.

If the emancipated student, parent or guardian object in writing to immunizations on religious grounds or on the basis of a strong moral or ethical conviction similar to a religious ground, the student may be excused from the immunization requirement. Parents (or emancipated student) should complete the back of the “Certificate of Immunization” provided by the state health department (follow the link and scroll down to the second page) and file with the affidavit.

A student may be exempt from medical and dental examinations if they are contrary to the religious beliefs of the parent or guardian of the child. Written evidence is required under the statute but a statement to this effect or letter attached to the affidavit is sufficient.

Some homeschool groups maintain that even if the parent does not have a religious, moral or ethical objection to immunizations or required exams or tests, they may assert a religious, ethical or moral objection to sharing this private information with the school district. I don’t agree that the language of the statute would be interpreted this way by a court.

Until the friction between the language of the homeschool law (“affidavit is sufficient evidence” of immunizations and health services with no further instructions to provide proof) and the department of health regulations (mandating schools to report immunization data for all students-including those in a home education program), parents have two choices: 1) submit a legally recognized exemption in writing, or 2) submit a list of immunizations to the affidavit.

 

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