Or. Admin. R. 333-019-1030 : — OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISIONINVESTIGATION AND CONTROL OF DISEASES: GENERAL POWERS AND RESPONSIBILITIES —019-1030 - COVID-19 Vaccination Requirements for Teachers and School Staff
(1) Children are required to attend school, which is a congregate setting where COVID-19 can spread easily if precautions are not taken. COVID-19 undergoes frequent mutations as it replicates, which over time has resulted in variants that are more transmissible or cause more severe disease. Being vaccinated is critical to prevent the spread of COVID-19. COVID-19 variants have and can run through the state's unvaccinated population and cause an increase in breakthrough cases for those who are fully vaccinated. This rule is necessary to help control COVID-19, and to protect students, teachers, school staff, and volunteers.
(2) For purposes of this rule, the following definitions apply:
(a) "COVID-19" means a disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(b) "Documentation of a medical exception" means a form prescribed by the Oregon Health Authority, signed by a medical provider who is not the individual, certifying that the individual has a physical or mental impairment that limits the individual's ability to receive a COVID-19 vaccination based on a specified medical diagnosis, and that specifies whether the impairment is temporary in nature or permanent.
(c) "Documentation of a religious exception" means a form prescribed by the Oregon Health Authority, signed by the individual, stating that the individual is requesting an exception from the COVID-19 vaccination requirement on the basis of a sincerely held religious belief and includes a statement describing the way in which the vaccination requirement conflicts with the religious observance, practice, or belief of the individual.
(d) "Fully vaccinated" means having received both doses of a two-dose COVID-19 vaccine or one dose of a single-dose COVID-19 vaccine and at least 14 days have passed since the individual's final dose of COVID-19 vaccine.
(e) "Medical exception" means that an individual has a physical or mental impairment that prevents the individual from receiving a COVID-19 vaccination.
(f) "Religious exception" means that an individual has a sincerely held religious belief that prevents the individual from receiving a COVID-19 vaccination.
(g) "Proof of vaccination" means documentation provided by a tribal, federal, state or local government, or a health care provider, that includes an individual's name, date of birth, type of COVID-19 vaccination given, date or dates given, depending on whether it is a one-dose or two-dose vaccine, and the name/location of the health care provider or site where the vaccine was administered. Documentation may include but is not limited to a COVID-19 vaccination record card or a copy or digital picture of the vaccination record card, a print-out from the Oregon Health Authority's immunization registry, or a Quick-Response (QR) code from a verified digital vaccine record.
(h) "School":
(A) Means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof.
(B) Does not mean stand-alone preschool program that goes up through kindergarten.
(i) "School-based program" means a program serving children or students that takes place at or in school facilities.
(j) "School-based program staff and volunteers":
(A) Means anyone age 16 and older:
(i) Who is employed by a school-based program or who is not employed but is otherwise engaged to provide goods or services to a school-based program through any formal or informal agreement, whether compensated or uncompensated, and includes but is not limited to teachers, administrative staff, child care staff, cleaning staff, coaches, school-based program drivers, family volunteers; and
(ii) Providing goods or services at or for a school-based program that includes direct or indirect contact with children or students.
(B) Does not mean short-term visitors or individuals making deliveries.
(k) "Teachers, school staff and volunteers":
(A) Means anyone age 16 and older:
(i) Who is employed at a school or anyone who is not employed but is otherwise engaged to provide goods or services to or at a school through any formal or informal agreement, whether compensated or uncompensated, and includes but is not limited to teachers, administrative staff, cleaning staff, coaches, school bus drivers, family volunteers and substitute teachers; and
(ii) Providing goods or services at or for a school that includes direct or indirect contact with students.
(B) Does not mean short-term visitors, individuals making deliveries, or school board members unless they are also volunteering in a school.
(3) After October 18, 2021:
(a) Teachers, school staff and volunteers may not teach, work, learn, study, assist, observe, or volunteer at a school unless they are fully vaccinated or have provided documentation of a medical or religious exception and the exception has been approved or accepted.
(b) A school may not employ, contract with, or accept the volunteer services of teachers, school staff or volunteers who are teaching, working, learning, studying, assisting, observing, or volunteering at a school unless the teachers or school staff are fully vaccinated against COVID-19 or have an approved or accepted medical or religious exception.
(4) Schools that grant a medical or religious exception to the vaccination requirement must take reasonable steps to ensure that unvaccinated teachers, school staff and volunteers are protected from contracting and spreading COVID-19.
(5) After October 18, 2021:
(a) School-based program staff and volunteers may not teach, work, provide care, learn, study, assist, observe, or volunteer for a school-based program unless they are fully vaccinated or have provided documentation of a medical or religious exception and the exception has been approved or accepted.
(b) A school-based program may not employ, contract with, or accept the volunteer services of school-based program staff or volunteers who are teaching, working, providing care, learning, studying, assisting, observing, or volunteering at a school-based program unless the staff or volunteers are fully vaccinated against COVID-19 or have an approved or accepted medical or religious exception.
(6) School-based programs that grant a medical or religious exception to the vaccination requirement must take reasonable steps to ensure that unvaccinated school-based program staff and volunteers are protected from contracting and spreading COVID-19.
(7) A school may request that a school-based program operating at that school, attest to whether it is, or is not, in compliance with this rule. If a school-based program receives such a request from a school, it must respond.
(8) A school-based program may request that a school at which it intends to operate, attest to whether it is, or is not, in compliance with this rule. If a school receives such a request from a school-based program, it must respond.
(9) Nothing in this rule is intended to prohibit schools or school-based programs from:
(a) Complying with the Americans with Disabilities Act and Title VII of the Civil Rights Act, and state law equivalents, for individuals unable to be vaccinated due to a medical condition or a sincerely held religious belief.
(b) Having more restrictive or additional requirements, including but not limited to requiring teachers, school staff and volunteers, and school-based program staff and volunteers to have documentation of an additional or booster dose of a COVID-19 vaccine if that is recommended by the U.S. Centers for Disease Control and Prevention.
(c) Allowing a school district or other governing body to collect the vaccination and exception documentation required under this rule.
(10) Proof of vaccination documentation and documentation of medical and religious exceptions must be:
(a) Maintained in accordance with applicable federal and state laws;
(b) Maintained for at least two years; and
(c) Provided to the Oregon Health Authority upon request.
(11) Schools and school-based programs that violate any provision of this rule are subject to civil penalties of $500 per day per violation.