[PROVE] Texas Private Schools Can't Deny Conscientious/Religious Exemptions

[Guest guest]

Dear PROVE Texas Members,

We’ve received some complaints about some private schools attempting to refuse

to accept the conscientious/religious exemption here in Texas. They may not

refuse your valid legal exemption.

The school may tell you they are a private school and unregulated by the Texas

Education Agency. That is true but not the end of the story. The

administrative code was promulgated by the Texas Department of Health (a

different State agency now knows as the Texas Department of State Health

Services - DSHS) and the DSHS has chosen to regulate private schools through

their code by including private schools so these schools have no choice but to

accept the exemption. They can't use the part of the law to cite the requirement

and then ignore the rest of the law that grants the exemption.

The TAC below clearly states it applies to private schools therefore the

exemption section does too. Read the language of the law. You still need to

use the state form and follow the directions to have it notarized and then

submit it to the school (posted on our website at

http://www.vaccineinfo.net/exemptions/index.shtml). If they give you a hard

time about accepting it take the law below to them and show them they can't

enforce one part of it and ignore the rest of it that gives the exemption.

Please keep in touch and let us know what happens! Thank you.

Dawn , President

Parents Requesting Open Vaccine Education (PROVE)

Texas Administrative Code

TITLE 25 HEALTH SERVICES PART 1 TEXAS DEPARTMENT OF HEALTH CHAPTER 97

COMMUNICABLE DISEASES SUBCHAPTER B IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY

AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION RULE §97.61 Children

and Students Included in Requirements

________________________________________

(a) The vaccine requirements apply to all children and students entering,

attending, enrolling in, and/or transferring to child-care facilities or public

or private primary or secondary schools or institutions of higher education.

( The vaccines required in this section are also required for all children in

the State of Texas, including children admitted, detained, or committed in Texas

Department of Criminal Justice, Texas Mental Health and Mental Retardation, and

Texas Youth Commission facilities.

© The vaccine requirements are adopted as a statewide control measure for

communicable disease as defined in Health and Safety Code, §81.081 and §81.082.

The requirements are adopted as an " instruction " of the department as that term

is used in the Health and Safety Code, §81.002.

________________________________________

Source Note: The provisions of this §97.61 adopted to be effective April 1,

2004, 29 TexReg 3188

Texas Administrative Code Next Rule>>

TITLE 25 HEALTH SERVICES PART 1 TEXAS DEPARTMENT OF HEALTH CHAPTER 97

COMMUNICABLE DISEASES SUBCHAPTER B IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY

AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION RULE §97.62

Exclusions from Compliance

________________________________________

Exclusions from compliance are allowable on an individual basis for medical

contraindications, reasons of conscience, including a religious belief, and

active duty with the armed forces of the United States. Children and students in

these categories must submit evidence for exclusion from compliance as specified

in the Health and Safety Code, §161.004(d), Health and Safety Code, §161.0041,

Education Code, Chapter 38, Education Code, Chapter 51, and the Human Resources

Code, Chapter 42.

(1) To claim an exclusion for medical reasons, the child or student must

present a statement signed by the child's physician (M.D. or D.O.), duly

registered and licensed to practice medicine in the United States who has

examined the child, in which it is stated that, in the physician's opinion, the

vaccine required is medically contraindicated or poses a significant risk to the

health and well-being of the child or any member of the child's household.

Unless it is written in the statement that a lifelong condition exists, the

exemption statement is valid for only one year from the date signed by the

physician.

(2) To claim an exclusion for reasons of conscience, including a religious

belief, a signed affidavit must be presented by the child's parent or guardian,

stating that the child's parent or guardian declines vaccinations for reasons of

conscience, including because of the person's religious beliefs. The affidavit

will be valid for a two-year period. The child, who has not received the

required immunizations for reasons of conscience, including religious beliefs,

may be excluded from school in times of emergency or epidemic declared by the

commissioner of public health.

(A) A person claiming exclusion for reasons of conscience, including a

religious belief, from a required immunization may only obtain the affidavit

form by submitting a written request to the department. The request must include

the following:

(i) full name of child;

(ii) child's date of birth (month/day/year);

( Written requests must be submitted through the United States Postal

Service (or other commercial carrier), by facsimile, or by hand delivery to the

department's Bureau of Immunization and Pharmacy Support, 1100 West 49th Street,

Austin, Texas 78756.

© Upon request, one affidavit form for each child will be mailed unless

otherwise specified (shall not exceed a maximum of five forms per child).

(D) The department shall not maintain a record of the names of individuals

who request an affidavit and shall return the original request with the forms

requested.

(3) To claim an exclusion for armed forces, persons who can prove that they

are serving on active duty with the armed forces of the United States are

exempted from the requirements in these sections.

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

Dawn

PROVE(Parents Requesting Open Vaccine Education)

prove@... (email)

http://vaccineinfo.net/ (web site)

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

PROVE provides information on vaccines, and immunization policies and practices

that affect the children and adults of Texas. Our mission is to prevent vaccine

injury and death and to promote and protect the right of every person to make

informed independent vaccination decisions for themselves and their family.

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

This information is not to be construed as medical OR legal advice.

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

Subscribe to PROVE Email Updates:

http://vaccineinfo.net/subscribe.htm

Tell a Friend about PROVE:

http://vaccineinfo.net/subscribe/friends.shtml

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

Removal from PROVE Email Updates:

Click here: http://vaccineinfo.net/unsubscribe.htm

You are currently subscribed as texas-autism-advocacyegroups

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[Guest guest]

[PROVE] Texas Private Schools Can't Deny Conscientious/Religious

Exemptions

> Dear PROVE Texas Members,

> We've received some complaints about some private schools attempting to

> refuse to accept the conscientious/religious exemption here in Texas.

> They may not refuse your valid legal exemption.

>

> The school may tell you they are a private school and unregulated by the

> Texas Education Agency. That is true but not the end of the story. The

> administrative code was promulgated by the Texas Department of Health (a

> different State agency now knows as the Texas Department of State Health

> Services - DSHS) and the DSHS has chosen to regulate private schools

> through their code by including private schools so these schools have no

> choice but to accept the exemption. They can't use the part of the law to

> cite the requirement and then ignore the rest of the law that grants the

> exemption.

>

> The TAC below clearly states it applies to private schools therefore the

> exemption section does too. Read the language of the law. You still need

> to use the state form and follow the directions to have it notarized and

> then submit it to the school (posted on our website at

> http://www.vaccineinfo.net/exemptions/index.shtml). If they give you a

> hard time about accepting it take the law below to them and show them they

> can't enforce one part of it and ignore the rest of it that gives the

> exemption. Please keep in touch and let us know what happens! Thank you.

>

> Dawn , President

> Parents Requesting Open Vaccine Education (PROVE)

>

> Texas Administrative Code

> TITLE 25 HEALTH SERVICES PART 1 TEXAS DEPARTMENT OF HEALTH CHAPTER 97

> COMMUNICABLE DISEASES SUBCHAPTER B IMMUNIZATION REQUIREMENTS IN TEXAS

> ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION RULE

> §97.61 Children and Students Included in Requirements

> ________________________________________

> (a) The vaccine requirements apply to all children and students entering,

> attending, enrolling in, and/or transferring to child-care facilities or

> public or private primary or secondary schools or institutions of higher

> education.

> ( The vaccines required in this section are also required for all

> children in the State of Texas, including children admitted, detained, or

> committed in Texas Department of Criminal Justice, Texas Mental Health and

> Mental Retardation, and Texas Youth Commission facilities.

> © The vaccine requirements are adopted as a statewide control measure

> for communicable disease as defined in Health and Safety Code, §81.081 and

> §81.082. The requirements are adopted as an " instruction " of the

> department as that term is used in the Health and Safety Code, §81.002.

> ________________________________________

> Source Note: The provisions of this §97.61 adopted to be effective April

> 1, 2004, 29 TexReg 3188

>

> Texas Administrative Code Next Rule>>

> TITLE 25 HEALTH SERVICES PART 1 TEXAS DEPARTMENT OF HEALTH CHAPTER 97

> COMMUNICABLE DISEASES SUBCHAPTER B IMMUNIZATION REQUIREMENTS IN TEXAS

> ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION RULE

> §97.62 Exclusions from Compliance

> ________________________________________

> Exclusions from compliance are allowable on an individual basis for

> medical contraindications, reasons of conscience, including a religious

> belief, and active duty with the armed forces of the United States.

> Children and students in these categories must submit evidence for

> exclusion from compliance as specified in the Health and Safety Code,

> §161.004(d), Health and Safety Code, §161.0041, Education Code, Chapter

> 38, Education Code, Chapter 51, and the Human Resources Code, Chapter 42.

> (1) To claim an exclusion for medical reasons, the child or student must

> present a statement signed by the child's physician (M.D. or D.O.), duly

> registered and licensed to practice medicine in the United States who has

> examined the child, in which it is stated that, in the physician's

> opinion, the vaccine required is medically contraindicated or poses a

> significant risk to the health and well-being of the child or any member

> of the child's household. Unless it is written in the statement that a

> lifelong condition exists, the exemption statement is valid for only one

> year from the date signed by the physician.

> (2) To claim an exclusion for reasons of conscience, including a

> religious belief, a signed affidavit must be presented by the child's

> parent or guardian, stating that the child's parent or guardian declines

> vaccinations for reasons of conscience, including because of the person's

> religious beliefs. The affidavit will be valid for a two-year period. The

> child, who has not received the required immunizations for reasons of

> conscience, including religious beliefs, may be excluded from school in

> times of emergency or epidemic declared by the commissioner of public

> health.

> (A) A person claiming exclusion for reasons of conscience, including a

> religious belief, from a required immunization may only obtain the

> affidavit form by submitting a written request to the department. The

> request must include the following:

> (i) full name of child;

> (ii) child's date of birth (month/day/year);

> ( Written requests must be submitted through the United States Postal

> Service (or other commercial carrier), by facsimile, or by hand delivery

> to the department's Bureau of Immunization and Pharmacy Support, 1100 West

> 49th Street, Austin, Texas 78756.

> © Upon request, one affidavit form for each child will be mailed

> unless otherwise specified (shall not exceed a maximum of five forms per

> child).

> (D) The department shall not maintain a record of the names of

> individuals who request an affidavit and shall return the original request

> with the forms requested.

> (3) To claim an exclusion for armed forces, persons who can prove that

> they are serving on active duty with the armed forces of the United States

> are exempted from the requirements in these sections.

>

>

> -------------------------------------------------------------------

> Dawn

> PROVE(Parents Requesting Open Vaccine Education)

> prove@... (email)

> http://vaccineinfo.net/ (web site)

> -------------------------------------------------------------------

> PROVE provides information on vaccines, and immunization policies and

> practices that affect the children and adults of Texas. Our mission is to

> prevent vaccine injury and death and to promote and protect the right of

> every person to make informed independent vaccination decisions for

> themselves and their family.

> -------------------------------------------------------------------

> This information is not to be construed as medical OR legal advice.

> -------------------------------------------------------------------

> Subscribe to PROVE Email Updates:

> http://vaccineinfo.net/subscribe.htm

> Tell a Friend about PROVE:

> http://vaccineinfo.net/subscribe/friends.shtml

> -------------------------------------------------------------------

> Removal from PROVE Email Updates:

> Click here: http://vaccineinfo.net/unsubscribe.htm

> You are currently subscribed as rprex@...

> .

>

> -------------------------------------------------------------------

>

>