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Homeless Education 101
» Basic Information on Homeless Education
Immunization Requirements
On April 15, 2004 the Texas State Attorney General released an opinion clarifying the policies and procedures governing the immunization of students in Texas public schools. At the request of the Texas Department of Health and the Texas Education Agency, the Attorney General was asked to rule on whether or not a student in Texas must first be immunized, or be in the process of obtaining the required immunizations for school, before said student could enroll in and attend school.
The Attorney General has ruled that for students in Texas who do not have an exception, they must follow the Department of Health guidelines and first be immunized or begin the course of obtaining the required immunizations before they can enroll in and attend school.
However, the Attorney General has also ruled that these immunization requirements do not apply to students in homeless situations, and that there are exceptions to this requirement. In keeping with the federal requirements found in the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, students who are homeless must be immediately enrolled in school and allowed to attend school even though they may not have the necessary immunizations required for enrollment. Students experiencing homelessness have 30 days to provide their school with the required documentation on their immunizations or begin the course of immunizations in order to comply with the requirements.
In the case of unaccompanied youths, the Texas Family Code acknowledges that unaccompanied youths over 16 years of age can sign for their own medical treatment, including inoculations:
A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child is 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the residence; and [the child is] managing the child's own financial affairs, regardless of the source of the income... Texas Family Code, Sec. 32.003(a)(2)(A) and (B)
For more information: Texas Attorney General's Ruling; Consent to Treatment for Minors (pdf 3.6mb).