WHAT DOES SB277 & MANDATORY VACCINATIONS MEAN? <Updated No. 23, 2014>
On June 30, 2015, CA Senate Bill 277 was signed by Governor Brown and passed into law. Here is some information on how that will affect you and your family.
The law will NOT take effect until January 1, 2016, six months from now.
There will be legal challenges to the constitutionality of this law and a court could order an injunction to delay implementation of the law.
The following explains what each provision of the bill means in terms of its practical application. (Please note: some elements continue to remain unclear. The Department of Public Health and school districts will be left to determine how those elements will be implemented).
Deletes the exemption for personal beliefs from the existing immunization requirement for children in child care and public and private schools.
Deletes related law requiring a form to accompany a personal belief exemption (PBE).
This means PBE’s no longer can be obtained from a physician. The form for the PBE no longer exists.
Exempts home-based private schools or students enrolled in an independent study program from the existing immunization requirement.
This means if you can home school your child/children you do not have to vaccinate them.
Permits the Department of Public Health (DPH) to add diseases to the immunization requirements only if exemptions are allowed for both medical reasons and personal beliefs.
This means if the DPH wants to add new vaccinations to the list of mandatory vaccination, they have to allow parents to use a medical exemption and/or personal belief exemption. It is unclear what would be necessary to dec/are one’s personal beliefs as an exemption.
Specifies that the law does not prohibit a pupil who qualifies for an individualized education program (IEP) from accessing any special education and related services required by his or her individualized education program.
This means if your child has an IEP, they can’t be prevented from receiving services at the school. It is NOT clear if this means they must be allowed to take their seat in the classroom.
If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1.
This means it “should” be easier to receive a medical exemption. It is still up to the MD’s discretion. It is unclear if MD’s will now feel confident the Medical Board will not harass or persecute them for issuing medical exemptions.
Requires a pupil who, prior to January 1, 2016, submitted a personal beliefs affidavit to a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization to be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center until the pupil enrolls in the next grade span.
This means, between now and January 1, 2016, you can simply submit a personal beliefs affidavit to your child’s/children’s school, day care center, etc. stating your beliefs are opposed to immunizations, and your child/children will not have to be vaccinated until they reach the next grade span.
You get ONE, time certain exemption, per child only.
Defines “grade span” as a) birth to preschool; b) kindergarten (including transitional kindergarten) to grade 6; or c) grades 7 to 12.
This means if you send a letter stating your beliefs are opposed to immunizations for a child in one of these grade spans, they won’t have to get vaccinated until they enter the next grade span.
If your child is not yet in kindergarten and you want him/her in preschool you can submit a letter to the preschool and no vaccinations are necessary to attend preschool. BUT, when they enter kindergarten they will be required to get their vaccinations!
If your child is in any of the grades between kindergarten, including transitional kindergarten, and you submit a letter, they won’t have to get the vaccinations until they enter the 7th grade.
CA Chiropractic Assoc.
Copyright © 2015–2020, Myra Nissen.
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This article was brought to you by Myra Nissen, CCH, RSHom(NA), Board Certified Classical Homeopath. Myra teaches women how to recognize their body’s unique needs and cues and uses Homeopathy to help empower women to take control of their bodies, health and well-being. Find out more, visit her blog www.myranissen.com/blog.