Re: NY State

[Guest guest]

tracy,

i have written an exemption for my son (i live in albany, ny). now i haven't

had any need to use as of yet, so i can't guarantee how effective it'll be,

but i came up with mine after getting some info sent to me from some

others...i will list below all the info that i have saved from that

time...good luck!! where/when are you moving??

brigit

*****below i will print what i have decided on and am currently keeping on

file, should a need arise, then below that i will copy what had been sent to

me to use to prepare my own letter...

To whom it may concern,

In compliance with the NYS law, I herewith submit a written statement to

exempt my child, ************** from the immunization requirement and the

Mantoux (PPD) Tuberculin Test, because I hold genuine and sincere religious

beliefs which are inconsistent with these medical procedures. The practice

of vaccination is contrary to my conscientiously held religious beliefs and

practices, and violates the free exercise of my religious principles.

By declaring these convictions and presenting them in writing to you, I am

complying with the immunization exemption provisions of NYS Public Health Law

2164 Sub. 9, which pertains to both public and private schools, as well as

parochial, child care centers, day nurseries, day care agencies, nursery

schools, kindergartens, elementary, intermediate and secondary schools.

Sincerely yours,

signature of mother

signature of father

here is what i had 'saved' from the info i had gathered...hope some of this

helps you!!

suggestion #1:

As provided byArticle 21, Section 2164(9) of the Public Health Law of

theState of New York, it is requested that mychild be exempted from

immunizations.  We have sincere religious beliefs which prohibit our child

from receiving immunizations and inoculations.

     Recent court decisions have upheld the rights of individuals seeking

exemption from immunizations bsed upon " personal " religious beliefs. (Sherr

and Levy vs. Northport East-Northport Union Free School District, 672F.

Supp.81, (E.D.N.Y. 1987); Berg vs. Glen Cove City School District, (1994,

EDNY).

     In consideration ofthis exemption, if our child is found to be ill with

disease,we will comply with thequarantine or iolation procedures ofthe

school and community.  We hereby assume all risks of personal injury or

impairment of health to our child as a result of this exemption.

sincerely,

signature of mother

signature of father

suggestion #2:

We have the right to refuse to have our children receive these injections

pursuant to Federal and New York

State Statutes. These are the following;

Senate Bill 942#3380, Exemption From Immunizations. Immunizations of a person

shall not be required for admission to a school or other institution if the

guardian parent or adult has assumed responsibility for his or her custody or

care

in the case of a minor, or the person seeking admission themselves, files

with the governing authority a letter or affidavit stating that such

vaccination is contrary to his or her belief.

Supreme Court cases: Frazee vs. Illinois Dept. of Security, 489 U.S. 829,

1989, it was found that a state may not deny an exemption simply because a

person is not a member of a formal religious organization.

In addition, the Supreme Court has noted that nontraditional beliefs,

including secular humanism, atheism, and nontheistic faiths, are all

" religion " for the purpose of free exercise anaylsis. Fowler vs. Rhode

Island, 345 U.S. 67

(1953) held that it was " no business of the courts to say what is a religious

practice or activity for one group is not religion under the prtection of the

First Amendment. "

New York Public Health Law #2164. Paragraph 9. This section shall not apply

to children whose parent, parents, or guardian hold genuine and sincere

religious beliefs which are contrary to the the practices herein required and

no certificate shall be required as a prerequisite to such children being

admitted or received into school or attending school.

suggestion #3:

To whom it may concern:

My husband and I, _________ and _________, have sincerely held religious

beliefs which conflict with the use of immunizations.  For that reason,

please exempt

our child________________________ from the vaccination requirements as

outlined by state of New York code__________________(write in law #).

Sincerely,

mother signature and name

father signature and name

[Guest guest]

, May I forward this on to my contacts in New York for you? Thanks,

Sandy

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE

IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS

REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE

CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE. THE DECISION

WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE

MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.

NY State

Hi everyone,

Does anyone out there live in New York State and have you written an

exemption letter? We are moving to upstate NY next year and I need to write

a letter. I found the info on NY that Sheri gives out but it says " bona fide

members " and I thought that term had been changed after several challenges

in State Supreme Court. I can't find a more recent writing of the law and I

want to make sure that I do this correctly. I am kind of concerned about

enrolling them and getting a hard time. Utah has a personal exemption

available.

Thanks!

in Utah

[Guest guest]

Yes, of course, Sandy. Thanks so much for your quick response!

in Utah

[Guest guest]

,

I live in upstate New York, and what I have recently learned is that the

only exemption that is acceptable here is the religious one. There is a

lawyer named Filenbaum who has a practice in Suffern, NY who will

write out an exemption form for you for about 350. However, after speaking

with him and having him read the letter to me, - I learned that it is

exactly like the one you can get from the internet under the state

exemptions that everyone has recently been posting. Then, after you get

it, - have it notarized. Also, the key word here in NY is " bona fide "

....which scared me a little too because I thought I'd have to join a special

church or something... But no, - what it means is that the school board

may, at it's discretion, telephone you or ask you to come in to ask you

about your beliefs. After you review the form (exemption) you have,- it

will be very easy for you to answer. - That you sincerely believe that God

created your children with perfect immune systems (etc etc) and that for you

to have them injected with something that is suppossed to either take the

place of or supplement what God has already done for them, - shows an

absence of faith in Him. And never, ever ( I have been advised) say to the

school system that you think vaccines may or have damaged your child(ren), -

they will become suspicious and call the Department of Human Services,

which, from what I have been reading, has been quite aggressive around here

lately.

~le

[Guest guest]

Brigit,

Thank you so much for sending this!

We are moving to an old farmhouse (needs some work!) near stown. We

are planning to move next summer. The major employer in Ctown is Bassett

Hospital, so it will be an adventure for us nonvaccinating, home birth

types!!

Thanks again!

in Utah

[Guest guest]

le,

Thanks for your response. Have you used the religious exemption?

If the school board asks you to discuss your beliefs do you HAVE to go in? I

generally prefer NOT to discuss my beliefs, and anyway isn't that a

violation of the separation of church and state?

Where do you live?

in Utah

[Guest guest]

In a message dated 9/5/01 11:34:09 PM Eastern Daylight Time,

dougtrac@... writes:

> If the school board asks you to discuss your beliefs do you HAVE to go in? I

> generally prefer NOT to discuss my beliefs, and anyway isn't that a

> violation of the separation of church and state?

>

>

tracy,

generally, a school board cannot ask you (legally, at least) to justify or

'prove' your religious beliefs...who makes them experts at distigushing one

persons 'simcerely' held beliefs from anothers?? religion is a personal

choice--you do not need to belong to any organized religion to have it be

YOUR religious belief. if anyone from school (or anwhere else) ever asks me

to come in to idscuss my exemption, i will write a note stating that they

have my exemption and it clearly states my sincerely held religious beliefs

and that is all that is needed in NYS.

cooperstown is a beautiful area--lots of big, old beautiful homes! but you

are right, the major employer is the hospital--i have no idea what the towns

climate is regarding personal choices type of stuff, but in general, NYS is

pretty mainstream ideas!!

i am near albany--about an hour and a half or so from cooperstown.

good luck!!

brigit

[Guest guest]

,

No, I have not used it yet. Unfortunately, my daughter is fully vaccinated.

I will be using the exemption when my son reaches kindergarten age, and next

year, when boosters are required for my daughters school. From what I have

heard, -speaking with a couple of parents around here..if you don't go in

they telephone you, and if they get no response DSS will be called.

I live a few miles south of Saratoga Springs.

~le

[Guest guest]

tracy,

i am soooo happy for you to hear not only of the great climate in your new

shcool, but also of the willingness of your attorney to help out and make

those calls for you!! maybe this will be a good place for you guys!!!

brigit

[Guest guest]

Hi all,

I wanted to thank everyone for the feedback on my question. This morning I

called the lawyer in NY who helped us with our house transaction. I asked

him about the " vax climate " (he will be our neighbor and has several kids in

the school there). He said he knew of a few families who didn't vax, and had

never heard of any problems with enrolling them in school. He called the

elementary school and spoke with the school nurse who said they currently

have 2 families who don't vax and that she has no issue with it either way.

In fact the parents offered her their written exemption, which she files,

but that she does not normally ask for one! I was SO relieved to hear this!

I do still plan to be educated on this issue, just in case.

in Utah

[Guest guest]

RE: State that I live in

Hello again,

First of all, I apologize if I am not responding correctly to this

forum. I am new, and am on here to help out my dearest friend and

next door neighbor. I live in New York State (Buffalo/Niagara Falls

area). Her son, who will be 3 on August 1st, was born with a cleft

palate and lip (surgically repaired with complete success) and was

later found to be developmentally delayed. For the past year, he has

had PT, OT & Speech therapists to their home nearly on a daily basis

and he progressed nicely. However, her last dr. visit claims that

the child is pervasively mentally retarded at a 17 mo. old level.

My neighbor has been taking her son to St. 's in Canada for

HBOT treatments daily for 6 weeks now and plans on for at least 6

mos. as she and her husband are seeing measureable improvements. The

costs are phenomenal and that is why I have been trying to find

assistance for her. (Her doc was much opposed so she took this upon

herself.) Thank you in advance for any information you may have.

Sincerely,

Meyers