Vaccine Requirements in K-12 Schools and Post-secondary Institutions

Kansas Statute

KSA 72-6262 et seq. requires proof of vaccination for all students enrolling for the first time in a school, preschool, day care program operated by a school, or as designated by the Secretary of the Kansas Department of Health and Environment (Secretary). Certification must be from a licensed physician or local health department and detail that the student has received all tests and vaccines as deemed necessary by the Secretary. The current list of required tests and vaccines can be found in KAR 28-1-20, and any changes to the list are required to go through the rules and regulations process. The last update to this regulation occurred in 2019 and included the additions of hepatitis A and meningitis to the list of required vaccinations.

Students may be exempt from providing certification if, as an alternative, they provide the school with an annual written statement from a licensed physician confirming that their physical condition is such that one or more of the required tests or vaccinations would “seriously endanger the life or health of the child.” The student would also be exempt if they provide written certification from at least one parent or guardian confirming that the student is an adherent to a religious denomination whose beliefs are opposed to the tests or vaccinations.

Should the student be unable or unwilling to provide proof of the tests and vaccinations, and also unable or unwilling to provide an alternative certification to exempt them from the requirements, then KSA 72-6265 gives local school boards the authority to exclude the student from attendance at the school, preschool, or day care program until they provide one of the previously listed certifications. Such an exclusion policy must include a requirement to provide the student’s parent or guardian with written notice that details the reasoning for exclusion, notice that the exclusion shall continue until compliance has been met, and notice that a hearing shall be afforded should the parent or guardian wish it.

For post-secondary institutions, KSA 76-761a requires all colleges and universities to have policies and procedures in place that require any student living in student housing to be vaccinated against meningitis. However, such policies must also contain waiver procedures for students who refuse to receive the vaccination.

Recent Action

Four bills regarding student vaccination were introduced during the 2023 Session: HB 2007, SB 20, SB 314, and SB 315. The bills, as introduced, would have prohibited the Secretary from requiring vaccination against COVID-19 for children in a child care facility or children attending school, prohibit the inquiry into the sincerity of a request for exemption, and repeal law requiring meningitis vaccination for students to stay in student housing for colleges and universities.

The contents of both SB 314 and SB 315 were included in Senate Sub. for HB 2390 during conference committee. The conference committee report failed in the Senate on a vote of 19-18.

Other States

All U.S. states require children attending child care centers and schools to be vaccinated against specific diseases. Alabama, California, and New Hampshire require the fewest (7 vaccinations), while Rhode Island requires the most (13 vaccinations). The median number of required vaccinations by a state is nine. Kansas requires ten vaccines for children and students.

Additionally, some states require vaccinations in some capacity for students attending post-secondary institutions within the state. Currently, 29 states and the District of Columbia require vaccinations for either hepatitis B, meningitis, or both for post-secondary students. Kansas currently requires post-secondary students living in student housing to have received a meningitis vaccination.

All 50 states provide at least one type of exemption from mandatory vaccine requirements. California, Connecticut, Maine, New York, and West Virginia allow only medical exemptions from vaccines. All other states allow a combination of medical, religious, and personal belief exemptions from mandatory vaccines.

Vaccines Required	States
7	Alabama, California, New Hampshire, South Dakota
8	Alaska, Colorado, Delaware, Florida, Massachusetts, Mississippi, Nebraska, Oregon, Washington, Wisconsin
9	Arizona, Illinois, Iowa, Maine, Maryland, Michigan, Missouri, Montana, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Vermont, Virginia, Wyoming
10	Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Nevada, New Jersey, New York, Pennsylvania, Texas, Utah, West Virginia
11	Connecticut, District of Columbia, Hawaii, Idaho, North Dakota
12	Ohio
13	Rhode Island