Re: Student Denied Enrollment for Refusing Vaccinations

[Guest guest]

I called the school district to complain to the superintent. A VERY nice

lady gave him the message. Told her I was from Missouri and she was shocked.

I think we all should call to express our concern that the little girl's

religous expemtion isn't being honored.

The superintendents name is . http://rin.buffalo

edu/c_niag/educ/scho_publ/boar_roya.html

V.

Wife to Mark since Oct 2002

Mom to Olivia since Jul 1996

and Elijah since Aug 2003.

We're OPEN and we have CUTE diapers!!

http://www.livysloveys.com

If you come to see me, come anytime ... if you come to see my house -

make an appointment.

http://www.freewebs.com/freehand

www.diaperdecisions.com

http://forums.obgyn.net/ob-gyn-l/ What they really think of you...

-- Student Denied Enrollment for Refusing Vaccinations

http://www.wivb.com/Global/story.asp?S=2269837 & nav=0RapQezz

" Chelsey's parents refuse, because of religious beliefs, to have

herimmunized

against Hepatitis, which is required by state law for all 7thgrade students.

[Guest guest]

If this were limited to just this school district; then I think this would

be a good idea. But this is a statewide problem. On the Vaccinations

forum at Mothering.com; moms from NY have written about how they are made to

qualify their religious exemption. Perhaps it would make more impact to

contact the congressmen instead about stopping this practice.

~Carla~

Fear of disease, fear of microorganisms, fear of the unknown, is the tool of

the clever that keeps the weak in line " ~ Tim O'Shea

-------Original Message-------

I called the school district to complain to the superintent. A VERY nice

lady gave him the message. Told her I was from Missouri and she was shocked.

I think we all should call to express our concern that the little girl's

religous expemtion isn't being honored.

The superintendents name is . http://rin.buffalo

edu/c_niag/educ/scho_publ/boar_roya.html

[Guest guest]

Wow, can the school insist that this family prove religious exemption

to the school when they've already followed state law in regards to

the religious exemption?

[Guest guest]

http://tinyurl.com/524ru

Here is the corrected link to the school. A period was left out of the

link below and I wasn't able to get to the site as is.

On Wed, 8 Sep 2004 13:02:12 -0500 (Central Daylight Time),

<vonfange@...> wrote:

> I called the school district to complain to the superintent. A VERY nice

> lady gave him the message. Told her I was from Missouri and she was shocked.

> I think we all should call to express our concern that the little girl's

> religous expemtion isn't being honored.

> The superintendents name is . http://rin.buffalo

> edu/c_niag/educ/scho_publ/boar_roya.html

[Guest guest]

Here is a link to the NY congressmen. You will need to scroll down to New

York:

http://tinyurl.com/5k8t6

When you click on each rep; there is an e-mail at the top of their profile.

~Carla~

Fear of disease, fear of microorganisms, fear of the unknown, is the tool of the

clever that keeps the weak in line " ~ Tim O'Shea

[Guest guest]

I didnt think they could ...I hope they sue and win!

Sherry

> Wow, can the school insist that this family prove religious

exemption

> to the school when they've already followed state law in regards to

> the religious exemption?

[Guest guest]

Recently, there was a school District in MI, where a child tried selling

items of a religious nature. The teacher would not let him do it, because

of their religious content. Under NCLB, they had the right to do this,

though the teacher did not know. The parents are in the midst of a lawsuit

for denying their child their constitutional rights of freedom of religion

expression (among others).

http://www.nvic.org/state-site/state-exemptions.htm

Here's a link to " state exemptions " . Go down almost 1/2 way, and it has the

picture of the US map, along with what states have what exemptions. NY does

have religious. Here's an excerpt I copied re: NY. Check out 7(a)

Current as of 1/03

Quick Fact:

Immunization requirements shall not apply to children whose parent, parents,

or guardian hold genuine and sincere religious beliefs which are contrary to

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.

Other Resources:

New Yorkers for Vaccination Information and Choice http://nyvic.org

New York State Department of Health: www.health.state.ny.us

EDUCATION LAW

TITLE 1. GENERAL PROVISIONS

ARTICLE 19. MEDICAL AND HEALTH SERVICE

NY CLS Educ § 914 (2002)

§ 914. Immunization of children

1. Each school shall require of every child entering or, after the thirtieth

day of June, nineteen hundred eighty, every child attending such school

proof of immunization against poliomyelitis, mumps, measles, diphtheria [fig

1] , rubella and varicella in accordance with the provisions of section

twenty-one hundred sixty-four of the public health law. If a child entered

school prior to the first day of March, nineteen hundred seventy-seven, no

school shall be required to obtain proof of such child's having received an

immunization against mumps until the first day of July, nineteen hundred

eighty-one.

2. Each school district shall assist and cooperate with the municipality in

the development of a plan required by section [fig 1] six hundred thirteen

of the public health law.

3. Each school district shall participate in the surveys directed by the

state commissioner of health pursuant to section [fig 1] six hundred

thirteen of the public health law of the immunization level of the children

entering and attending school within such district [fig 2] and which shall

be subject to audit by the state commissioner of health. Each school and

school district shall provide the state commissioner of health with any

records and reports he may require for the purpose of such audit. In no

event shall the state commissioner of health disclose student identity.

----------------------------------------------------------------------------

----

PUBLIC HEALTH LAW

ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES

TITLE VI. POLIOMYELITIS AND OTHER DISEASES

NY CLS Pub Health § 2164 (2002)

§ 2164. Definitions; immunization against poliomyelitis, mumps, measles,

diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib) and

hepatitis B

1. As used in this section, unless the context requires otherwise:

a. The term " school " means and includes any public, private or parochial

child caring center, day nursery, day care agency, nursery school,

kindergarten, elementary, intermediate or secondary school.

b. The term " child " shall mean and include any person between the ages of

two months and eighteen years.

c. The term " person in parental relation to a child " shall mean and include

his father or mother, by birth or adoption, his legally appointed guardian,

or his custodian. A person shall be regarded as the custodian of a child if

he has assumed the charge and care of the child because the parents or

legally appointed guardian of the minor have died, are imprisoned, are

mentally ill, or have been committed to an institution, or because they have

abandoned or deserted such child or are living outside the state or their

whereabouts are unknown.

d. (Added, L 1989) The term " health practitioner " shall mean any person

authorized by law to administer an immunization.

2. Every person in parental relation to a child in this state shall have

administered to such child an adequate dose or doses of an immunizing agent

against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,

Haemophilus influenzae type b (Hib) and hepatitis B, which meets the

standards approved by the United States public health service for such

biological products, and which is approved by the [fig 1] department [fig 2]

under such conditions as may be specified by the public health council.

3. The person in parental relation to any such child who has not previously

received such immunization shall present the child to a health practitioner

and request such health practitioner to administer the necessary

immunization against poliomyelitis, mumps, measles, diphtheria, Haemophilus

influenzae type b (Hib), rubella, varicella and hepatitis B as provided in

subdivision two of this section.

4. If any person in parental relation to such child is unable to pay for the

services of a private health practitioner, such person shall present such

child to the health officer of the county in which the child resides, who

shall then administer the immunizing agent without charge.

5. The health practitioner who administers such immunizing agent against

poliomyelitis, mumps, measles, diphtheria, Haemophilus influenzae type b

(Hib), rubella, varicella and hepatitis B to any such child shall give a

certificate of such immunization to the person in parental relation to such

child.

6. In the event that a person in parental relation to a child makes

application for admission of such child to a school or has a child attending

school and there exists no certificate or other acceptable evidence of the

child's immunization against poliomyelitis, mumps, measles, diphtheria,

rubella, varicella, hepatitis B and, where applicable, Haemophilus

influenzae type b (Hib), the principal, teacher, owner or person in charge

of the school shall inform such person of the necessity to have the child

immunized, that such immunization may be administered by any health

practitioner, or that the child may be immunized without charge by the

health officer in the county where the child resides, if such person

executes a consent therefore. In the event that such person does not wish to

select a health practitioner to administer the immunization, he shall be

provided with a form which shall give notice that as a prerequisite to

processing the application for admission to, or for continued attendance at,

the school such person shall state a valid reason for withholding consent or

consent shall be given for immunization to be administered by a health

officer in the public employ, or by a school physician or nurse. The form

shall provide for the execution of a consent by such person and it shall

also state that such person need not execute such consent if subdivision

eight or nine of this section apply to such child.

7. (a) No principal, teacher, owner or person in charge of a school shall

permit any child to be admitted to such school, or to attend such school, in

excess of fourteen days, without the certificate provided for in subdivision

five of this section or some other acceptable evidence of the child's

immunization against poliomyelitis, mumps, measles, diphtheria, rubella,

varicella, hepatitis B and, where applicable, Haemophilus influenzae type b

(Hib); provided, however, such fourteen day period may be extended to not

more than thirty days for an individual student by the appropriate

principal, teacher, owner or other person in charge where such student is

transferring from out-of-state or from another country and can show a good

faith effort to get the necessary certification or other evidence of

immunization.

( A parent, a guardian or any other person in parental relationship to a

child denied school entrance or attendance may appeal by petition to the

commissioner of education in accordance with the provisions of section three

hundred ten of the education law.

8. If any physician licensed to practice medicine in this state certifies

that such immunization may be detrimental to a child's health, the

requirements of this section shall be inapplicable until such immunization

is found no longer to be detrimental to the child's health.

8-a. Whenever a child has been refused admission to, or continued attendance

at, a school as provided for in subdivision seven of this section because

there exists no certificate provided for in subdivision five of this section

or other acceptable evidence of the child's immunization against

poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B

and, where applicable, Haemophilus influenzae type b (Hib), the principal,

teacher, owner or person in charge of the school shall:

a. forward a report of such exclusion and the name and address of such child

to the local health authority and to the person in parental relation to the

child together with a notification of the responsibility of such person

under subdivision two of this section and a form of consent as prescribed by

regulation of the commissioner, and

b. provide, with the cooperation of the appropriate local health authority,

for a time and place at which an immunizing agent or agents shall be

administered, as required by subdivision two of this section, to a child for

whom a consent has been obtained. Upon failure of a local health authority

to cooperate in arranging for a time and place at which an immunizing agent

or agents shall be administered as required by subdivision two of this

section, the commissioner shall arrange for such administration and may

recover the cost thereof from the amount of state aid to which the local

health authority would otherwise be entitled.

9. This section shall not apply to children whose parent, parents, or

guardian hold genuine and sincere religious beliefs which are contrary to

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.

10. The commissioner may adopt and amend rules and regulations to effectuate

the provisions and purposes of this section.

11. (Added, L 1994) Every school shall annually provide the commissioner, on

forms provided by the commissioner, a summary regarding compliance with the

provisions of this section.

________________________________________________________________________

________________________________________________________________________

Message: 3

Date: Wed, 8 Sep 2004 11:14:27 -0700

From: Garay <rafael@...>

Subject: Re: Student Denied Enrollment for Refusing Vaccinations

Wow, can the school insist that this family prove religious exemption

to the school when they've already followed state law in regards to

the religious exemption?