To Immunize Or Not To Immunize? That Is The Question.

To Immunize or Not To Immunize?  What Is The Law?

There continues to be the debate as to whether a parent must have their child immunized in order for the child to attend public schools, or is there a way to avoid that procedure?  There's also the question of, Are you putting your child at risk if you don't have the child immunized?  In an effort to answer those questions once and for all, I went to a school official and had the law explained to me in full.  The following information will be the answer to the first question, and I will try to offer factual information for the second question in a future newsletter.  Pay close attention to Rule 12:59 on the exemptions, if you are considering going without Immunizations.

As stated in the Students portion of the New York State Rules and Regulations Manual;                                      

12:58. Must children be immunized in order to attend public schools?  YES.  Children must be immunized against poliomyelitis, mumps, measles, diphtheria, rubella, Haemophilus influenza type b (Hib) and hepatitis B (Pub. Health Law 2164(2), (7)(a)).

If there is no proof or record of a child's immunization, the principal or teacher must direct the child's parent or person in parental authority to have the child immunized by any health practitioner.  The child may also be immunized without charge by the county health officer, if the person or guardian consents (Pub. Health Law 2164(6); see 12:59 for exceptions).

The immunizing physician must provide an immunization certificate to the person in parental relation to the child (Pub. Health Law 2164(5)

No child may be admitted to school or allowed to attend school for more than 14 days without an appropriate immunization certificate or acceptable evidence of immunization.  This period may be extended for 30 days on a case by case basis by the principal if a student has transferred from another state or country and can show a good faith effort to get the necessary certification or other evidence of immunization (Pub. Health Law 2164(7)(a).

The principal must forward a report to the local health authority and to the parent, and notify the parent to have the child immunized in a case where a student is refused admission to or continued attendance at a school for failure to provide appropriate proof of immunization (Pub. Health Law 2164(8-a)(a)).  In addition, the principal must send an immunization consent form to the parent and cooperate with the local health authority in scheduling a time and place for immunizing a child for whom consent has been obtained.

A student may appeal a denial of admission to or continued attendance at school to the commissioner of education (Pub. Health Law 2164(7)(b)).

12:59.  Are there any exceptions to the immunization requirements?  YES.  Students may be admitted to school or continue attendance without a certificate or proof of immunization if:

A physician will testify or certify that administering a vaccine to a specific student will be detrimental to that student's health (Pub. Health law 2164(8)), or

The student, or the student's parent or guardian, hold genuine and sincere religious beliefs which prohibit immunization (Pub. Health Law 2164(9)).

Parents may oppose immunizations on religious grounds without belonging to an organized religion.  However, the opposition to immunization must be based on religious beliefs instead of merely framed in terms of religious belief (Lewis v. Sobol, 710 F.Supp. 506 (S.D.N.Y. 1989); Sherr v. Northport-East Northport UFSD, 672 F.Supp. 81 (E.D.N.Y. 1987), Appeal of Swett, 34 Educ. Dep't Rep. 492 (1995)).

So there you have the law as it is written. 

What This Means To You

Now I realize this is a very controversial topic, and one that can be debated and argued over forever.  However, in an effort to disseminate all the information to parents who are a)contemplating whether or not to immunize their child, b)what the law is around immunizing and sending their child to school, and c)will they be allowed into school if they fore go the immunizations, all of these questions needed clearing up. 

If you are a parent who is having second thoughts about immunizing you child/children, I have available to you a letter you can have submitted to the school from your attorney that will legally allow your child to attend public schools and the school has to accept the letter based on what current New York Law is as it is written today.  If you would like to get a copy of the letter and give it to your attorney, this will allow your child to attend public schools without fear of failure to admit your child.

I hope this information has been helpful and that you now realize you have a choice about immunization and your rights, under the law, to not immunize your child/children.

Next newsletter I will discuss the pros and cons of immunization and will direct you to resources that will support going without immunizing your child, if those are your beliefs.

Dr. Huntoon has a single mission:

To support as many people as possible in their quest for health and enable them to improve and maintain their health to the highest level possible, while educating them about the benefits of Chiropractic, Natural Healthcare and Holistic Living, so they in turn can teach others to support us having a healthy community.

Your Choice

• Continue doing the same thing and nothing changes or it may get worse

OR

• Try something different and get a different result that makes you happier and healthier.