AVFCA's letter to CDPH updates the
"Grandfathered" School Medical Exemption Guidelines
on the Shots for School website!
(https://www.shotsforschool.org/laws/exemptions/)

SB276 and SB714 were signed into law in California in 2019, modifying the statute that was put in place in 2015 by SB277 with regard to vaccine medical exemptions for school.  As of January 1, 2021 these laws have gone into full effect.  The California Department of Public Health (CDPH) maintains guidelines for schools and physicians regarding these laws on their Shots for School website.  This website was updated at the beginning of this year to reflect the new law.  However, in doing so they did not update it to explain how "grandfathered" medical exemptions should be processed when children move schools within gradespans.

In the last couple of months, A Voice for Choice Advocacy has been assisting hundreds of parents who have been trying to enroll their children in California private and public new schools within gradespans, but have been told by the schools that they are required to submit a new medical exemption into the CAIR-ME system.  This is not how the law is written or was intended.  While we have successfully helped all these parents through educating the schools in the law, AVCFA also requested CDPH update the Shots for School website to reflect the law and clarify the process for schools.    

Earlier this week, AVFCA received confirmation that CDPH has updated their website, reflecting our request to clarify that children who are within gradespans and changing schools are not required to submit a new medical exemption and are not required to submit the medical exemptions into the CAIR-ME database.  Specifically, the Shots for School website (https://www.shotsforschool.org/laws/exemptions/) now states:

2. Are medical exemptions filed for children in attendance at a California child care facility or school before 2021 valid in later years?

A medical exemption filed at a pre-kindergarten facility or school remains valid until the earliest of:

• When the child enrolls in the next grade span (TK/K-6th grade, 7th-12th grade)
• The expiration date specified in a temporary medical exemption
• Revocation of the exemption because the issuing physician has been subject to disciplinary action from the physician’s licensing entity.

15. Do medical exemptions issued prior to 2021 need to be uploaded into CAIR-ME?

No. Existing MEs issued for children in attendance before 2021 will remain on file at schools and child care facilities and do not need to be uploaded into CAIR-ME.

If you are a parent whose child has a permanent medical exemption dated prior to January 1, 2021, and they are not at the TK/K or 7th grade checkpoint, and the school is telling you that you need a new medical exemption entered into the CAIR-ME system, please refer the school to the above two sections of the Shots for School website.  If they still give you issues, please email AVFCA for further assistance. 

Important Note:  DO NOT submit any vaccine medical exemptions dated prior to 2021 to CAIR-ME or any other database.  These should be filed directly with the school, even if your child changes school within a gradespan.  If you filed a vaccine medical exemption prior to 2021, we recommend you file a privacy notice with it (https://avoiceforchoiceadvocacy.org/wp-content/uploads/2020/06/AVFCA-Objection-to-Release-of-Immunization-Data-Final.pdf)

Reminder: Your child is exempt from the CA vaccination requirement if they are:

Homeschooled - A pupil in a home based private school or a pupil who is enrolled in an independent study is exempt from vaccination requirements. (SB277)

In Public school with an IEP or in a Private school with public school IEP services – A pupil with an IEP or IEP services is exempt from vaccination requirements (SB277 and Federal law). Your school may ask for their vaccination records to be on file if they have any, but cannot require them to be up to date or have a Medical Exemption on file for the remainder. 

If you found this information helpful and appreciate the work A Voice for Choice Advocacy is doing, please support us by making a donation today.
 

Together we can make change happen.

C

Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected]
www.AVoiceForChoiceAdvocacy.org