Trevor James
The COVID-19 pandemic has brought the topic of mandatory vaccinations to the forefront, with many private colleges and universities in California considering whether to require students to be fully vaccinated before returning to campus. While there is currently no federal or state guidance on this matter, case law may support the authority of private colleges to make COVID-19 vaccinations mandatory for students. The University of California (UC) System and California State University (CSU) System have announced their intention to require COVID-19 vaccinations for students and employees, with exemptions for religious and medical reasons. The American College Health Association (ACHA) has also recommended that colleges and universities make COVID-19 vaccination a requirement for on-campus students, where state law and resources allow. In addition to COVID-19 vaccinations, California already requires students enrolled in kindergarten through the twelfth grade in both private and public schools to obtain specific vaccinations, such as MMR (measles, mumps, and rubella) and TDAP (tetanus, diphtheria, and pertussis), unless they are medically exempt or homeschooled.
| Characteristics | Values |
|---|---|
| Are vaccines mandatory for private college students in California? | There is no federal or state guidance on whether vaccines are mandatory for private college students in California. |
| Are there exemptions for students with disabilities? | Students with disabilities are entitled to access educational services without proof of immunization. |
| Are there exemptions for religious or personal beliefs? | The University of California allows exemptions for religious or personal beliefs. |
| Are there medical exemptions? | The University of California allows medical exemptions for students with a condition that is a contraindication to a vaccination. |
| Are there requirements for COVID-19 vaccines specifically? | The University of California and California State University systems announced their intention to require COVID-19 vaccines for students and employees, subject to exemptions. |
| Are there requirements for other vaccines? | The University of Southern California (USC) strongly recommends that students receive the influenza, TDAP, HPV, and Meningococcal B vaccines. |
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What You'll Learn
COVID-19 vaccine requirements for students at private colleges and universities
There is currently no federal or state guidance on whether private colleges and universities in California can require their students to receive the COVID-19 vaccine. However, the American College Health Association (ACHA) has recommended that colleges and universities require the COVID-19 vaccination for all on-campus students, where state law and available resources allow and subject to the college and universities' typical vaccination exemption policies.
The University of California (UC) System and California State University (CSU) System have announced their intention to require all students and employees accessing university facilities and programs to receive the COVID-19 vaccine, subject to religious exceptions and medical exemptions, once the FDA has fully approved at least one vaccine, and the fully approved vaccine is widely available.
Case law may support a private college or university's authority to require COVID-19 vaccines for students. For example, in 1890, the California Supreme Court in Abeel v. Clark upheld a vaccination act that required schools to exclude any child who had not been vaccinated against smallpox. Additionally, in 1905, the United States Supreme Court in Jacobsen v. Commonwealth of Massachusetts upheld a state's statute requiring mandatory smallpox vaccinations for all adults as a lawful exercise of the state's power to protect public health and safety.
Private colleges and universities in California are planning for students to return to campus in the fall, and they may want to consider postponing the implementation of mandatory COVID-19 vaccination policies until a COVID-19 vaccine has received full approval. In the meantime, some institutions, such as USC, are strongly recommending that all students, faculty, and staff complete the COVID-19 vaccination.
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Exemptions for students with disabilities
In California, exemptions to mandatory vaccination requirements are permitted for students with disabilities. These exemptions are provided under federal law, which states that students with disabilities must be placed on Individualized Education Programs (IEP) and receive special education services. This means that a lack of immunization cannot prohibit students with disabilities from accessing the necessary services outlined in their IEP. Services may include in-person teaching, counselling, therapy, and other activities that require physical attendance.
It is important to note that this exemption is not automatic and depends on the specific services outlined in the IEP. If the services can be administered remotely, such as limited counselling hours, the student may not qualify for the exemption. Additionally, if a parent voluntarily places their child in a private school, even if the child qualifies for an IEP, the vaccination exemption may not apply.
The University of California (UC) System and California State University (CSU) System have announced their intention to require COVID-19 vaccination for students and employees, subject to medical and religious exemptions, once the vaccine is fully approved and widely available. However, there is currently no state or federal guidance on whether private colleges can mandate COVID-19 vaccination for their students.
While there is no specific case law regarding private colleges, there is a history of case law supporting mandatory vaccinations in the state. For example, the California Supreme Court upheld a vaccination act in 1890, allowing schools to exclude unvaccinated children. Similarly, the United States Supreme Court upheld mandatory smallpox vaccinations for adults in 1905 and for students in public and private schools a few years later.
In summary, students with disabilities in California may be exempt from vaccination requirements if they have an IEP that mandates in-person services. However, the exemption depends on the specific circumstances and services outlined in the IEP, and it may not apply to all private school placements. The COVID-19 vaccination requirements for private colleges remain uncertain, pending further guidance from state and federal authorities.
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Religious and personal belief exemptions
There is no case law regarding the ability of private colleges and universities in California to require their students to receive a COVID-19 vaccination as a condition of in-person attendance. However, the University of California (UC) System and California State University (CSU) System have announced their intention to require all students and employees accessing university facilities and programs to receive the COVID-19 vaccine, subject to religious exceptions and medical exemptions, once the FDA has fully approved at least one vaccine and it is widely available.
The University of California allows for exemptions to immunization requirements based on either a medical condition or a religious/personal belief. Covered individuals are required to submit documentation of either a COVID-19 vaccine or opt out by declining the vaccine. An enrollment hold will be placed, and students will not be able to add/drop or register for classes.
Students with disabilities are entitled to be placed on Individualized Education Programs (IEPs) and receive special education services under federal law. Students with IEPs may access any special education and related services deemed necessary by the IEP without proof of immunization. This includes in-person teaching, counselling, therapy, or other activities or services that require in-person delivery.
While there is no federal or state guidance on whether private colleges and universities can mandate COVID-19 vaccines, the American College Health Association (ACHA) has recommended that colleges and universities require the COVID-19 vaccination for all on-campus students where state law and available resources allow and subject to the college and universities' typical vaccination exemption policies.
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Mandatory vaccinations for schoolchildren
In California, the state requires all enrolled students from kindergarten through to 12th grade in both public and private schools to be vaccinated against several diseases, unless they are homeschooled. These include diphtheria, tetanus, pertussis (TDAP), polio, hepatitis B, measles, mumps, rubella (MMR), and varicella (chickenpox). Students with disabilities are entitled to receive special education services under federal law, and their access to these services cannot be prohibited due to a lack of vaccination.
For college students, the University of California (UC) System and California State University (CSU) System announced their intention to require all students and employees accessing university facilities to be vaccinated against COVID-19, subject to religious and medical exemptions. However, there is currently no state or federal guidance on whether private colleges can enforce this. The American College Health Association (ACHA) has recommended that colleges and universities require COVID-19 vaccination for on-campus students where possible, and some colleges, such as USC, are strongly recommending that students, faculty, and staff complete their COVID-19 vaccinations.
Case law has historically supported mandatory vaccinations, with the California Supreme Court upholding a vaccination act requiring schools to exclude unvaccinated children as far back as 1890. More recently, the United States Supreme Court has upheld mandatory smallpox vaccinations for adults and students attending public or private schools. These precedents suggest that mandatory vaccinations for schoolchildren are permissible and have a long history in the United States.
While there is no clear case law regarding private colleges' authority to mandate COVID-19 vaccinations for students, the legal precedent for mandatory vaccinations in schools is well-established. Private colleges may want to consider the potential legal implications and exemptions before implementing mandatory COVID-19 vaccination policies for their students.
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Recommended vaccinations for students
There is no case law regarding the ability of private colleges and universities in California to require their students to be vaccinated as a condition of attendance. However, there is a long history of case law addressing the permissibility of mandatory vaccinations imposed by public entities. For example, in 1890, the California Supreme Court in Abeel v. Clark upheld a vaccination act that required schools to exclude unvaccinated children.
The University of California (UC) System and California State University (CSU) System have announced their intention to require all students and employees accessing university facilities and programs to be vaccinated against COVID-19, subject to religious exceptions and medical exemptions. However, there is currently no state or federal guidance on whether private colleges and universities can impose this requirement on their students.
The American College Health Association (ACHA) has recommended that colleges and universities require COVID-19 vaccination for all on-campus students where state law and available resources allow and subject to typical vaccination exemption policies.
In California, students enrolled in Kindergarten through the twelfth grade in both public and private schools are required to obtain the following vaccinations:
- Diphtheria, Tetanus, and Pertussis (TDAP)
- Polio (OPV or IPV)
- Hepatitis B
- Measles, Mumps, and Rubella (MMR)
- Varicella (Chickenpox)
Students with disabilities are entitled to receive special education services under the Individuals with Disabilities Education Act (IDEA), and their access to these services cannot be prohibited based on their vaccination status. The University of California allows for exemptions to immunization requirements based on medical conditions, religious beliefs, or personal beliefs.
While there is no clear mandate for COVID-19 vaccinations in private colleges in California, students are encouraged to consult with their specific institution's policies and stay updated with any changes in state or federal guidance.
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Frequently asked questions
There is currently no federal or state guidance on whether private colleges and universities in California can require their students to receive the COVID-19 vaccine. However, the University of California (UC) System and California State University (CSU) System have announced their intention to require all students and employees to receive the COVID-19 vaccine, subject to religious and medical exemptions, once the FDA fully approves at least one vaccine.
Yes, all new undergraduate and graduate students in California are required to submit proof of certain immunizations, such as MMR (measles, mumps, and rubella) and Varicella (chickenpox), unless they are exempt due to age or prior infection.
Yes, exemptions to vaccine requirements are typically granted for medical conditions or religious/personal beliefs. For example, students with disabilities are entitled under federal law to receive special education services without providing proof of immunization.
