Brady Collins
The COVID-19 pandemic has brought about a global discussion on vaccination mandates, especially for those working in schools. While some states and cities like New Jersey, New York City, and California have mandated that all school employees be vaccinated, other states like Texas and Washington have not. In California, Governor Newsom required all teachers and school employees to be vaccinated or regularly tested for COVID-19, with similar mandates in New York City and New Jersey. However, in Texas and Washington, there is no such mandate, and districts have not asked vendors to show proof of vaccination. The decision to mandate vaccination often falls within a district's rights, and few public agencies have turned to vaccination mandates for employees.
| Characteristics | Values |
|---|---|
| Location | New Jersey, California, New York City |
| Mandate | Yes, for all school employees in New Jersey and California. In New York City, a mandate requires all private-sector workers, including independent school employees, to be vaccinated. |
| Exemption | California allows for regular testing for those who are unvaccinated. New York City allows for medical or religious exemptions, with weekly testing permitted in lieu of vaccination. |
| Enforcement | In California, enforcement has been left to individual districts. In New York City, schools must keep vaccination records, which may be inspected. |
| Visitors | In California, visitors are not required to show their immunization records but must wear masks. In New York City, visiting vendors must show proof of vaccination. |
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What You'll Learn
California and New Jersey require school vaccinations
In California, there is no state law or directive that prohibits schools from requiring safety measures such as masks or vaccines from vendors who visit the sites in their districts. While the state mandates masks for anyone in a school, it does not require visitors to show their immunization records. However, the California Department of Public Health issued an order requiring schools to verify the COVID-19 vaccination status of all workers. This order includes all paid and unpaid adults serving in private and public school settings from kindergarten to grade 12.
In New Jersey, all workers in preschool to grade 12 schools, as well as all workers in certain healthcare facilities and high-risk congregate settings, are required to be fully vaccinated or submit to regular COVID-19 testing. This mandate came into effect on October 18, 2021, and covers all part-time and full-time individuals employed by public, private, and parochial preschool and elementary and secondary schools. New Jersey Governor Phil Murphy has also shown support for mask mandates in schools, signing an executive order requiring masks in schools and childcare centers.
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Exemptions for religious/medical reasons
In Texas, only State vaccine exemption affidavits are valid for people who decline vaccines for reasons of conscience, including religious belief. A childcare facility, school, or university must accept a valid vaccine exemption affidavit, which must be printed on either the new or old affidavit paper. Each vaccine exemption affidavit is valid for two years from the date it is notarized. The request must include the following information: a completed, signed, and notarized affidavit in a form provided by the department to the school or childcare facility. Photocopies of the vaccine exemption affidavit form are not valid. If parents or schools lose the exemption affidavit, a new vaccine exemption affidavit must be requested in writing.
In Washington, there is no language in the law requiring school staff and volunteers to provide documentation of immunity to MMR disease unless they are supervising children in an early learning program. The child care center may allow a person to be employed or volunteer on the premises for up to thirty calendar days if they sign a written statement that they have received the MMR vaccine or are immune from measles, but require additional time to obtain and provide the records.
While few public agencies have turned to vaccination mandates for employees, the private sector has seen several large companies take the politically controversial step, including United Airlines, Lyft, and Disney. Microsoft will require visiting vendors and guests to show proof of vaccination. Districts have always been allowed to include safety precautions in their contracts or requests for proposals from companies.
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Testing for the unvaccinated
In the United States, the vaccination policies for school employees vary across states and individual districts. While some states, like New Jersey, have announced vaccine mandates for all school employees, others, like California, offer the alternative option of regular COVID-19 testing for those who choose to remain unvaccinated.
California
In California, Governor Gavin Newsom has mandated that all teachers and school employees must be vaccinated or regularly tested for COVID-19. This decision was made to ensure the safety of unvaccinated children, especially those under 12 who are not eligible for the vaccine. Districts like Oakland and San Francisco have already shown high compliance, with 90-92% of teachers being vaccinated.
New Jersey
New Jersey Governor Phil Murphy has taken a firmer stance, announcing a vaccine mandate for all pre-K-12 school employees and state workers. This decision has been generally well-received, with 67% of registered voters polled by Monmouth University approving of the mandate.
New York City
New York City's vaccine mandate for independent schools does not offer a testing alternative for those who are unvaccinated. However, the mandate does allow for medical and religious exemptions, where individuals can apply for reasonable accommodations.
Texas
In Texas, the Ector County Independent School District has not asked vendors to show proof of vaccination.
Washington State
In Washington State, while there is no explicit mandate for school employees to be vaccinated, certain child care centers may require employees to provide written statements of their vaccination status or immunity within a specific timeframe.
The approach to testing for the unvaccinated among school employees varies depending on the state and district. While some states require vaccination or regular testing, others leave it up to individual districts to enforce safety measures.
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Private sector pushes for vaccination
In the context of the COVID-19 pandemic, the private sector has played a significant role in pushing for vaccination. While public agencies have been hesitant to implement vaccination mandates for employees, several large private companies have taken the politically controversial step of doing so. These include well-known names such as United Airlines, Lyft, and Disney. Microsoft, for instance, has announced that it will require visiting vendors and guests to provide proof of vaccination from September.
New York City Mayor Bill de Blasio has been a prominent advocate for private employers to institute vaccine mandates. In July 2021, he urged private employers to adopt some form of a mandate, citing the need to stem the rise in COVID-19 cases as pandemic restrictions were lifted. De Blasio suggested that any form of mandate would "move the ball" and get more people vaccinated.
Similarly, in New Jersey, Governor Phil Murphy announced a vaccine mandate for all pre-K-12 school employees and state workers. This mandate includes both full- and part-time staff at public, private, and parochial schools, as well as substitute teachers and contract workers. Murphy's decision was reportedly popular, with 67% of polled registered voters approving of the mask mandate.
In contrast, some districts have expressed concerns about the intrusiveness of requiring all visitors to be vaccinated. Cajon Valley Union Schools in California, for example, chose to mandate masks for visitors without requiring proof of immunization. Carolina Biological, a science curriculum provider, has also decided to accommodate district safety requests without instituting a company-wide mandate.
The push for vaccination by the private sector and select government officials aims to protect employees and the public from COVID-19. While some have embraced these mandates, others have raised legal and ethical concerns, highlighting the ongoing debate surrounding mandatory vaccinations in different industries.
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Mixed district reactions
Reactions to vaccine mandates for school employees have been mixed across districts in the United States. In California, Governor Newsom mandated that all teachers and school employees be vaccinated or regularly tested for COVID-19. While some districts, such as San Francisco, praised the mandate, others expressed concerns about its implementation. Cajon Valley Union Schools Superintendent David Miyashiro stated that visitors would be required to wear masks but not show proof of vaccination. Similarly, Scott Muri, superintendent of Ector County Independent School District in Texas, has not asked vendors to provide proof of vaccination.
In contrast, New Jersey Governor Phil Murphy announced a vaccine mandate for all pre-K-12 school employees and state workers, which received popular support according to a Monmouth University poll. This mandate includes both full- and part-time staff, substitute teachers, and contract workers. New York City has also implemented a vaccine mandate for independent schools, requiring all employees to be vaccinated if they will be on school property for more than a "quick or limited purpose." This mandate includes accommodations for employees with religious or medical exemptions.
While some districts have embraced vaccine mandates for school employees, others have opted for alternative approaches. Carolina Biological, a science curriculum provider, will accommodate the safety requests of districts without instituting a company-wide mandate. The National School Boards Association's chief legal officer, Francisco Negrón, stated that districts have the right to require vaccines of visiting vendors, but few public agencies have implemented vaccination mandates for employees. The mixed reactions across districts reflect the complex and evolving nature of the pandemic and the efforts to balance safety and individual freedoms.
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Frequently asked questions
It depends on the region. In New Jersey, California, and New York City, school employees are required to be vaccinated. However, in other places, such as Texas, there is no mandate for school employees to be vaccinated.
Yes, in some places, school employees may be asked to provide proof of vaccination. For example, in California, teachers are uploading their proof of vaccination, and in New York City, private-sector workers, including independent school employees, must show proof of vaccination.
While it depends on the region and individual school district policies, in most cases, schools can require visitors to show proof of vaccination. However, some districts, such as Cajon Valley Union Schools in California, choose not to require visitors to show proof of vaccination but instead ask them to wear masks.
