(More can be found at <[link removed]>
www.avoiceforchoiceadvocacy.org/sb-276. Please share.)

This is the second email in a series answering questions A Voice for Choice
Advocacy has gotten about SB276/SB714. This email addresses "What happens
if MY child has a grandfathered Medical Exemption and transfers from one
school to another in 2020 or beyond?"
Checkpoints for vaccines are when a child enters school for the first time,
TK/Kindergarten (considered the same checkpoint) and 7th grade. As to
whether a Medical Exemption that is grandfathered in will transfer with a
child from one school to another after 2019 within a gradespan is unclear in
the law. The law is worded the same way as the grandfathering in of
Personal Belief Exemptions was in 2015 with SB277. So if we interpret it the
same way as CDPH did with SB277, then students will be able to transfer
between checkpoints and have their exemptions transfer, regardless of what
type of private or public schools they are transferring from and to.

However, the exact wording of SB276/SB714 is:
(3) Except as provided in this subdivision, on and after July 1, 2021, the
governing authority shall not unconditionally admit or readmit to any of
those institutions specified in this subdivision, or admit or advance any
pupil to 7th grade level, unless the pupil has been immunized pursuant to
Section 120335 or the parent or guardian files a medical exemption form that
complies with Section 120372.
CDPH could argue that transferring to a different school could be defined as
admitting the pupil to an institution, in which case the transferring of
grandfathered medical exemptions would not be possible. We won't know until
they put something out that says one way or the other or schools start
implementing in one way or another.

Having said that because CDPH set precedence with the grandfathered Personal
Belief exemptions which used the same wording in that law, we feel we will
be able to successfully argue that grandfathered Medical Exemptions will
also be allowed to transfer with the child.

AVFCA Recommendation: Make sure you have a valid Medical Exemption on file
with a school prior to December 31, 2019. Assuming CDPH has not published
any further clarification, when asked for vaccination records by the school
your child is transferring to, 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 at the school your child
is transferring to.

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:
[link removed]-
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.
<[link removed]>
Thanks and Happy Holidays!
C

Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
www.avoiceforchoiceadvocacy.org <[link removed]>
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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