Brady Collins
In California, students enrolled in kindergarten through the twelfth grade in both private and public schools are required to obtain certain vaccinations. However, the state does allow for certain exemptions from these vaccination requirements. These exemptions typically fall into two categories: medical exemptions and non-medical exemptions. Medical exemptions are granted by a licensed physician based on a child's medical condition, while non-medical exemptions are based on personal or religious beliefs. The availability and scope of these exemptions have evolved over time, with California recently eliminating non-medical exemptions and implementing stricter requirements for obtaining medical exemptions.
| Characteristics | Values |
|---|---|
| Exemption for homeschooled students | Homeschooled students are exempt from all immunization requirements |
| Medical exemption | A licensed physician must provide a written statement explaining why immunization is not safe for the child |
| Special education/IEP exemption | Students with disabilities are entitled to be placed on Individualized Education Programs (IEP) and receive special education services |
| Temporary medical exemption | A temporary exemption cannot exceed one year |
| Permanent medical exemption | A permanent exemption is for a medical condition that permanently exempts a child from vaccination |
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What You'll Learn
Medical exemptions
In California, there are currently two exemptions to the immunization requirement: a medical exemption and a special education/IEP exemption. The concept of medical exemptions from immunization was first introduced in February 2015 with the introduction of Senate Bill 277, which focused on public health and mandatory vaccination for children.
Before SB277, kindergarteners who were not up-to-date with their vaccinations could enter school with a personal belief exemption, permanent medical exemption, or conditional entrance. After the implementation of SB277, personal belief exemptions were eliminated, but permanent medical exemptions and conditional entrance remained.
To obtain a medical exemption, a child must have a valid medical reason, and their family must seek an exemption directly from a licensed physician. A written statement from a doctor is no longer valid as an exemption, and all exemptions must be administered through the California Immunization Registry (CAIR-ME) medical exemption site. This state-wide database collects and files medical exemptions for vaccinations.
A medical exemption can be either temporary or permanent. A temporary medical exemption is valid for a maximum of one year and excuses a child from getting shots due to a medical condition for a limited period. In contrast, a permanent medical exemption is for a medical condition that permanently exempts a child from vaccination. However, all medical exemptions cannot extend beyond the specified grade span.
Child care providers are legally required to keep copies of all shots paperwork, and children without valid exemptions may be excluded from schools and childcare facilities.
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Non-medical exemptions
In California, students enrolled in kindergarten through the twelfth grade in both private and public schools are required to obtain certain vaccinations. Homeschooled students, however, do not have to meet these immunization requirements and are therefore not required to be immunized.
Prior to 2016, California allowed non-medical exemptions for vaccinations, which could be obtained through a personal belief exemption. This meant that students could be exempt from vaccinations if their parents or guardians held sincere and genuine beliefs contrary to immunization. However, in 2016, California enacted Senate Bill 277 (SB277), becoming the first state in 30 years to eliminate non-medical exemptions. This bill was a response to the "Disneyland" measles outbreak in 2015, which highlighted the importance of vaccination in preventing disease outbreaks.
After the implementation of SB277, personal belief exemptions were eliminated, but permanent medical exemptions and conditional entrance remained. A medical exemption can be obtained from a licensed physician, who must certify that the child's physical condition or medical circumstances indicate that immunization is not considered safe. Additionally, there is a special education/IEP exemption for students with disabilities, as federal law entitles them to access educational services regardless of their immunization status.
It's important to note that California continues to review and update its immunization policies. For example, as of 2021, immunization exemptions must be administered through the California Immunization Registry (CAIR-ME), a statewide database for collecting and filing medical exemptions for vaccinations. This means that a written statement from a doctor is no longer sufficient for an exemption, and all exemptions must be recorded in the CAIR-ME system.
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Conditional entrance
In California, children enrolled in kindergarten through the twelfth grade in both private and public schools are required to obtain certain vaccinations. Homeschooled students or those attending home-based private schools or independent study programs are not required to meet these immunization requirements.
Prior to 2016, California allowed for personal belief exemptions, which permitted children to meet the vaccination requirements for their grade without actually being vaccinated. However, in 2016, California enacted Senate Bill 277 (SB277), which eliminated non-medical exemptions. This bill was a response to the "Disneyland" measles outbreak in 2015. Now, the only exemptions permitted are medical exemptions and special education/IEP exemptions.
A medical exemption can be temporary or permanent and must be obtained from a licensed physician. It applies to children with special needs but without an IEP (Individualized Education Program). A temporary medical exemption cannot exceed one year, and all medical exemptions are only valid until the end of the child's grade span. As of 2021, immunization exemptions must be administered through the California Immunization Registry (CAIR-ME), a statewide database for collecting and filing medical exemptions for vaccinations.
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Personal belief exemptions
In California, students enrolled in kindergarten through the twelfth grade in both private and public schools are required to obtain certain vaccinations. However, there are a few exemptions to this rule.
Prior to January 1, 2016, students in California could apply for medical and personal belief exemptions to the immunization requirement. Since then, personal belief exemptions have been prohibited. This means that schools cannot unconditionally admit any student unless they have been fully immunized or qualify for other exemptions.
The legislative history behind the removal of personal belief exemptions was not found to be religiously motivated. Instead, it was introduced in response to the 2015 measles outbreak in California, which saw more measles outbreaks in January 2015 than in any one month in the previous 20 years. There was also a significant rise in personal belief exemptions—a 337% increase between 2000 and 2012—which placed communities at risk of preventable diseases.
Despite the removal of personal belief exemptions, there are still a few ways that students can be exempt from immunization requirements. Firstly, children who qualify for an individualized education program (IEP) may not be prohibited from accessing special education or related services based on vaccination status. Secondly, children may be medically exempt from immunization requirements if a licensed physician states in writing that the child cannot be immunized due to physical or medical circumstances. Additionally, homeschooled students or those enrolled in independent study programs do not have to meet any immunization requirements.
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Homeschooled students
In California, homeschool students are generally exempt from mandatory vaccinations. This means that most homeschoolers do not need to meet any immunization requirements. However, there are specific conditions that must be met for this exemption to apply. Firstly, the homeschooling must be conducted through a home-based private school or an independent study program without classroom-based instruction. If classroom-based instruction is included, even partially, the exemption may not apply. In such cases, it is essential to consult with the relevant authorities and legal professionals to understand the specific requirements and any potential exemptions.
For parents who choose to homeschool their children, there are several legal options available. One option is to establish a home-based private school and file a private school affidavit, exempting the child from immunization requirements. Alternatively, enrolling the child in a private school satellite program (PSP) or a non-classroom-based independent study program also maintains the exemption. However, it is important to note that health records must still be included in the student's files, even if they are not vaccinated.
It is worth noting that California has a compulsory education law, which means that children aged six and over must be enrolled in a legal school or homeschooled with specific considerations. Parents opting to homeschool independently must make this decision before the local school year starts, usually around August or September. However, changes can be made during the school year to best meet the child's needs. Additionally, parents with a valid California teacher's credential can choose to teach their children under the private tutorial exemption, but only for the grades their credential covers.
While homeschool students are generally exempt from vaccinations, there are situations where medical exemptions may come into play. In California, doctors can issue medical exemptions for children whose medical circumstances indicate that immunization is unsafe. These exemptions are reviewed under certain circumstances, and parents can apply for them through the California Immunization Registry (CAIR-ME). Additionally, students with Individualized Education Programs (IEPs) due to disabilities are entitled to receive special education services without proof of immunization, but this exemption is specific to their situation.
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Frequently asked questions
Yes, there are currently two types of exemptions from mandatory vaccination in California: medical exemptions and special education/IEP exemptions.
A medical exemption is a written statement from a licensed physician indicating that immunisation is not considered safe for the patient due to their physical condition or medical history. Medical exemptions can be temporary or permanent.
For all children, including those with special needs but without an IEP, families must seek a medical exemption directly from a licensed physician. As of 2021, immunisation exemptions must be administered through the California Immunization Registry (CAIR-ME), a statewide database for collecting and filing medical exemptions for vaccinations.
Under Federal law, students with disabilities are entitled to be placed on Individualized Education Programs (IEP) and receive special education services. Lack of immunisation cannot prohibit students with disabilities from accessing those services.
Homeschooled students do not have to meet any of the immunisation requirements that apply to students in private and public schools. Therefore, if your child attends a home-based private school or an independent study program and does not receive classroom-based instruction, they are exempt from vaccination requirements.
