(More can be found at www.avoiceforchoiceadvocacy.org/sb-276. Please share.)
Over the past few months since SB276/SB174 were signed into law, A Voice for Choice Advocacy has received thousands of emails and phone calls asking “What happens to MY child who is entering School for the first time/TK/K/7th Grade next year, 2020?”
Students entering School for the first time/TK/K/7th grade in 2020 are in a very grey area. The answer really depends on how the California Department of Public Health and the schools implement the new vaccination laws. The law is clear on what medical exemptions are valid prior to 2020 and what medical exemptions are valid after 2020, but does not define what is valid in 2020. We ask that if you have a child entering School for the first time/TK/K/7th grade in 2020, that you email A Voice for Choice Advocacy, letting us know what happens in your school and if you need help advocating for your child’s right to be in school. With SB277 it took us the first few months of 2016 to get the lay of the land, but after that we were extremely successful in getting children into school. The reason for this is that the schools are usually ignorant rather than malicious, and so need help interpreting the law. We are happy to help them and you with this.
There are various interpretations, each of which may be possible (and each of these are not taking into consideration your doctor being disciplined or writing more than 4 medical exemptions, or your school’s vaccination rates)…
Pure deduction of the bill: The bill states that Medical Exemptions are only grandfathered in if they are on file in 2019 and are valid until the next check point. The new criteria do not go into place until 2021. Deduction would say that students entering School for the first time/TK/K/7th grade in 2020 will need an ME dated 2020 but with the SB277 criteria and if this is permanent would last until the next checkpoint - TK/K/7th grade. Having said that it will be very hard to find a doctor in 2020 that will write an ME.
Alternative interpretation of the bill:
If a child has a medical exemption on file with the school prior to 2020, and enters School for the first time/TK/K/7th grade in 2020, the medical exemption will be valid until the next checkpoint - TK/K/7th grade. Because the new form and new criteria do not go into mandatory effect until 2021, the argument can be made that the checkpoint grandfathering checkpoint requirement would also not go into effect until 2021. If a school rejects a Medical Exemption issued prior to 2020 for a child entering School for the first time/TK/K/7th grade in 2020, the question we would ask is, while there is nothing in the bill that says it is valid, there is nothing in the bill that says this is not valid, or what is required.
Other possible option:
While the standardized Medical Exemption form will be the only option for a medical exemption form starting January 1, 2021, CDPH may make this form available sooner and require children entering School for the first time/TK/K/7th grade in 2020, to use this form, with the SB277 criteria. Again requiring a new Medical exemption in 2020.
AVFCA Recommendation: Make sure you have a valid Medical Exemption on file with a school prior to December 31, 2019 as there is a chance it could be grandfathered in. Assuming CDPH has not published any further clarification, when asked for vaccination records by the school for their checkpoint recordkeeping give them the Medical Exemption filed this year. If they say it is not valid, ask in writing why and what the requirements are, and then email us with those details. We will help you advocate for a grandfathered ME being accepted in 2020.
Disclaimer: These are A Voice for Choice Advocacy’s interpretations based on the SB276/714 wording (which is very circuitous) and current xxxxxxrmation on Shots for Schools (the CDPH website regarding CA vaccination requirements) with regard to how SB277 has been implemented. There are some grey areas which are subject to interpretation and may change based on how CDPH implements it. There is no regulatory process for this law so we are subject to CDPH’s whims. They just released this question and answer document, which is very broad and does not give all the details: https://www.chhs.ca.gov/blog/2019/09/09/senate-bill-276-and-senate-bill-714-vaccinations-and-medical-exemptions-questions-and-answers/
If you found this xxxxxxrmation helpful and appreciate the work A Voice for Choice Advocacy is doing, please support us by making a donation today.
Thanks and Happy Holidays!
C
Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
www.avoiceforchoiceadvocacy.org
408 835 9353
Giving issues a voice, A Voice for Choice Advocacy advocates for people’s rights to be fully xxxxxxrmed about the composition, quality, and short- and long-term health effects of all products that go into people’s bodies, such as food, water, air, pharmaceuticals and cosmetics.
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