Must Special Ed Students Comply with Vaccine Law? It Varies by District
How U.S. Supreme Court Just Made It Tougher to Challenge California Vaccine Law
California Vaccine Law Opponents File Petitions for Repeal
Orange County Says Special-Ed Students Must Also Comply with Vaccine Law
Not Over Yet: Tim Donnelly Files for Referendum to Overturn California's New Vaccine Law
Resisting Vaccinations Has Long History
California Ends Personal Belief Exemption for Vaccines
Vaccine Bill: Kids With Existing Personal Belief Exemptions Could Stay in School -- For a Time
California Assembly Votes to End Personal Belief Exemption for Vaccines
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You can follow her on Twitter: \u003ca title=\"https://twitter.com/laliferis\" href=\"https://twitter.com/laliferis\">@laliferis\u003c/a>","avatar":"https://secure.gravatar.com/avatar/86c339d5cdcb0dcd2b6cf5d7c3f5886b?s=600&d=blank&r=g","twitter":"laliferis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"futureofyou","roles":["subscriber"]},{"site":"stateofhealth","roles":["subscriber"]},{"site":"science","roles":["subscriber"]},{"site":"food","roles":["contributor"]}],"headData":{"title":"Lisa Aliferis | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/86c339d5cdcb0dcd2b6cf5d7c3f5886b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/86c339d5cdcb0dcd2b6cf5d7c3f5886b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/lisaaliferis"},"adembosky":{"type":"authors","id":"3205","meta":{"index":"authors_1591205172","id":"3205","found":true},"name":"April Dembosky","firstName":"April","lastName":"Dembosky","slug":"adembosky","email":"adembosky@kqed.org","display_author_email":false,"staff_mastheads":["news","science"],"title":"KQED Health Correspondent","bio":"April Dembosky is the health correspondent for KQED News and a regular contributor to NPR. 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Murrow award for investigative reporting, a Society of Professional Journalists award for long-form storytelling, and a Carter Center Fellowship for Mental Health Journalism.\r\n\r\nDembosky reported and produced \u003cem>Soundtrack of Silence\u003c/em>, an audio documentary about music and memory that is currently being made into a feature film by Paramount Pictures.\r\n\r\nBefore joining KQED in 2013, Dembosky covered technology and Silicon Valley for \u003cem>The Financial Times of London,\u003c/em> and contributed business and arts stories to \u003cem>Marketplace \u003c/em>and \u003cem>The New York Times.\u003c/em> She got her undergraduate degree in philosophy from Smith College and her master's in journalism from the University of California, Berkeley. 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It Varies by District","publishDate":1452177958,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{},"content":"\u003cp>California now has one of the \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\">strictest vaccination laws\u003c/a> in the country, but ambiguity in its wording has left school districts deciding on their own whether to grant special education students a de facto exemption.\u003c/p>\n\u003caside class=\"pullquote alignright\">'School districts are grappling with how they want to approach this right now.'\u003cbr>\n\u003ccite>Jonathan Read, attorney\u003c/cite>\u003c/aside>\n\u003cp>The California Department of Public Health and the California Department of Education have not yet issued guidance on how to apply \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">the vaccination law \u003c/a>to special education students. Under the federal \u003ca href=\"http://idea.ed.gov/\" target=\"_blank\">Individuals with Disabilities Education Act\u003c/a>, students who qualify for special education services, such as speech therapy or small-group instruction, must receive those services. Failure to comply leaves districts vulnerable to lawsuits from parents.\u003c/p>\n\u003cp>At the same time, beginning July 1, the state law will require all kindergarten, transitional kindergarten and seventh-grade students to be vaccinated against 10 communicable diseases before they are allowed to attend school, unless they have a medical condition that makes them unable to do so. Under the new law, parents can no longer refuse to vaccinate their children in public or private schools and child-care centers based on their personal beliefs.\u003c/p>\n\u003cp>With kindergarten enrollment beginning this month in the Sacramento City Unified School District and continuing through the spring in districts around the state, school lawyers are parsing the law on their own.\u003c/p>\n\u003cp>The intent of the new law is “to increase community immunity,” said Shannan Martinez, a spokeswoman for state Sen. Richard Pan, D-Sacramento, who co-authored the legislation, Senate Bill 277. Pan said he acted to address rising numbers of unvaccinated children and a corresponding increase in outbreaks of diseases once considered obliterated in the U.S., including the \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/04/16/disneyland-measles-outbreak-to-be-declared-over/\" target=\"_blank\">measles outbreak tied to Disneyland last year\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the law appears to have unwittingly created a loophole that could be used to exempt the 10 percent of students who are enrolled in special education, a number far greater than the 2.5 percent of kindergarten students who opted out of vaccinations during the 2014-2015 school year through personal belief exemptions.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We are not holding anyone to vaccination requirements that would interfere with access to special education programs.'\u003cbr>\n\u003ccite>Dr. Kimberly Uyeda, L.A. Unified School District\u003c/cite>\u003c/aside>\n\u003cp>The Los Angeles Unified School District, which serves more than 640,000 K-12 students and is the largest district in the state, has decided not to require students in special education to comply with required immunizations if that requirement would prevent them from getting services, including instruction in general education classrooms, to which they are legally entitled, said Dr. Kimberly Uyeda, director of student medical services for the district.\u003c/p>\n\u003cp>“We are not holding anyone to vaccination requirements that would interfere with access to special education programs,” Uyeda said. The decision was based on advice from district legal counsel, she said. The district serves about 73,000 special education students, but only “a very small number” are not fully vaccinated, she said.\u003c/p>\n\u003cp>“The broadest way the law can be interpreted is that special education students get access to everything, regardless of immunization status,” said Jennifer Nix, an attorney with School and College Legal Services of California. In terms of the risk of lawsuits from special education parents, “it is the safest route, but I don’t know if it’s the right route,” Nix said.\u003c/p>\n\u003cp>While the immunization law specifically exempts students who are home-schooled or who are enrolled in independent study with no classroom attendance, it does not use the word “exempt” to describe the status of students in special education. Instead, the law states that it does not “prohibit” special education students from access to services. Special education students wouldn’t necessarily be attending school, Martinez said.\u003c/p>\n\u003cp>Unlike students who are home-schooled or studying independently outside of classrooms, students who receive special education services -– they number one in 10 students in California, according to \u003ca href=\"http://www.lao.ca.gov/handouts/education/2015/Overview-of-Special-Education-in-California050715.pdf\" target=\"_blank\">a 2015 report from the Legislative Analyst’s Office\u003c/a> -– are in school buildings and almost always spend time in general education classrooms, physical education classes or cafeterias.\u003c/p>\n\u003cp>[contextly_sidebar id=\"IJg8DasAtRTB1SNDndbXhRlaoqNX6euf\"]Jonathan Read, who specializes in special education law at the San Diego firm Fagen Friedman & Fulfrost, said that in the absence of guidance from the state, the immunization law is being interpreted in two ways. The first is that special education students are required by federal law to be educated in the least restrictive environment, which often means spending time in general education classrooms, and that right cannot be limited by a state law requiring them to be vaccinated to obtain access.\u003c/p>\n\u003cp>The second interpretation is that immunizations are a health and safety concern. While districts are obligated to make inclusive special education environments available, according to this line of reasoning, Read said, it is up to parents to decide whether they want their child to have access to those environments by having their child vaccinated.\u003c/p>\n\u003cp>“School districts are grappling with how they want to approach this right now,” Read said.\u003c/p>\n\u003cp>“There are going to be some conflicts,” said Maggie Roberts, associate managing attorney at Disability Rights California, the state’s watchdog group. “School districts will feel they have the right to keep out kids” who are not immunized, she said, while parents will press schools to fulfill their obligation to provide special education services, even if their children are not vaccinated.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/09/24/orange-county-says-special-ed-students-must-also-comply-with-vaccination-law/\" target=\"_blank\">Orange County has made the strongest public statement\u003c/a>, insisting that special education students be vaccinated along with all other students on campus, except those with medical exemptions. “If you exempt all special education kids, you’re going to decrease the vaccination rate by 11 or 12 percent,” said Ronald Wenkart, general counsel for the Orange County Office of Education. “I don’t see how you can interpret the law that way.”\u003c/p>\n\u003cp>Wenkart has advised school districts in the county that special education students must be vaccinated.\u003c/p>\n\u003cp>Other districts are planning for scenarios that could include providing special education services at home for unvaccinated students or meeting with the students in separate facilities at or near school grounds.\u003c/p>\n\u003cp>In the Sacramento City Unified School District, Terri Fox, lead district nurse, said one plan could be to refuse to admit an unvaccinated special education student who requires only an hour or two a week of speech therapy, for instance, and instead provide services to the student offsite. The student would be home-schooled for the remainder of his or her instruction.\u003c/p>\n\u003cp>But unvaccinated students who require extensive academic, behavioral and therapeutic assistance all day in a special education classroom “will probably have to be admitted,” Fox said.\u003c/p>\n\u003cp>In the Long Beach Unified School District, Joyce Cox, program specialist for student health services, said a formal policy has not been adopted. But one idea might be to offer temporary home instruction for students in special education, she said. “That is a way you could still deliver services to the child, and still comply with the state law -- but that decision has not been made,” she said.\u003c/p>\n\u003cp>Gail Williams, director of health services at Fresno Unified, said she will meet with parents of special education students to encourage them to vaccinate their children. If that fails, the path is not clear, she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Our numbers are small,” she said. “We will handle it on a case-by-case basis.”\u003c/p>\n\n","blocks":[],"excerpt":"Under federal law, students who qualify must receive special ed services. But school districts differ as to whether they will require vaccination for those students.","status":"publish","parent":0,"modified":1452217769,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1259},"headData":{"title":"Must Special Ed Students Comply with Vaccine Law? It Varies by District | KQED","description":"Under federal law, students who qualify must receive special ed services. But school districts differ as to whether they will require vaccination for those students.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"135547 http://ww2.kqed.org/stateofhealth/?p=135547","disqusUrl":"https://ww2.kqed.org/stateofhealth/2016/01/07/must-special-ed-students-comply-with-vaccine-law-it-varies-by-district/","disqusTitle":"Must Special Ed Students Comply with Vaccine Law? It Varies by District","source":"EdSource","sourceUrl":"http://edsource.org/2016/some-districts-exempt-students-in-special-ed-from-vaccination-law/92868","nprByline":"Jane Meredith Adams","path":"/stateofhealth/135547/must-special-ed-students-comply-with-vaccine-law-it-varies-by-district","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California now has one of the \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\">strictest vaccination laws\u003c/a> in the country, but ambiguity in its wording has left school districts deciding on their own whether to grant special education students a de facto exemption.\u003c/p>\n\u003caside class=\"pullquote alignright\">'School districts are grappling with how they want to approach this right now.'\u003cbr>\n\u003ccite>Jonathan Read, attorney\u003c/cite>\u003c/aside>\n\u003cp>The California Department of Public Health and the California Department of Education have not yet issued guidance on how to apply \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">the vaccination law \u003c/a>to special education students. Under the federal \u003ca href=\"http://idea.ed.gov/\" target=\"_blank\">Individuals with Disabilities Education Act\u003c/a>, students who qualify for special education services, such as speech therapy or small-group instruction, must receive those services. Failure to comply leaves districts vulnerable to lawsuits from parents.\u003c/p>\n\u003cp>At the same time, beginning July 1, the state law will require all kindergarten, transitional kindergarten and seventh-grade students to be vaccinated against 10 communicable diseases before they are allowed to attend school, unless they have a medical condition that makes them unable to do so. Under the new law, parents can no longer refuse to vaccinate their children in public or private schools and child-care centers based on their personal beliefs.\u003c/p>\n\u003cp>With kindergarten enrollment beginning this month in the Sacramento City Unified School District and continuing through the spring in districts around the state, school lawyers are parsing the law on their own.\u003c/p>\n\u003cp>The intent of the new law is “to increase community immunity,” said Shannan Martinez, a spokeswoman for state Sen. Richard Pan, D-Sacramento, who co-authored the legislation, Senate Bill 277. Pan said he acted to address rising numbers of unvaccinated children and a corresponding increase in outbreaks of diseases once considered obliterated in the U.S., including the \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/04/16/disneyland-measles-outbreak-to-be-declared-over/\" target=\"_blank\">measles outbreak tied to Disneyland last year\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the law appears to have unwittingly created a loophole that could be used to exempt the 10 percent of students who are enrolled in special education, a number far greater than the 2.5 percent of kindergarten students who opted out of vaccinations during the 2014-2015 school year through personal belief exemptions.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We are not holding anyone to vaccination requirements that would interfere with access to special education programs.'\u003cbr>\n\u003ccite>Dr. Kimberly Uyeda, L.A. Unified School District\u003c/cite>\u003c/aside>\n\u003cp>The Los Angeles Unified School District, which serves more than 640,000 K-12 students and is the largest district in the state, has decided not to require students in special education to comply with required immunizations if that requirement would prevent them from getting services, including instruction in general education classrooms, to which they are legally entitled, said Dr. Kimberly Uyeda, director of student medical services for the district.\u003c/p>\n\u003cp>“We are not holding anyone to vaccination requirements that would interfere with access to special education programs,” Uyeda said. The decision was based on advice from district legal counsel, she said. The district serves about 73,000 special education students, but only “a very small number” are not fully vaccinated, she said.\u003c/p>\n\u003cp>“The broadest way the law can be interpreted is that special education students get access to everything, regardless of immunization status,” said Jennifer Nix, an attorney with School and College Legal Services of California. In terms of the risk of lawsuits from special education parents, “it is the safest route, but I don’t know if it’s the right route,” Nix said.\u003c/p>\n\u003cp>While the immunization law specifically exempts students who are home-schooled or who are enrolled in independent study with no classroom attendance, it does not use the word “exempt” to describe the status of students in special education. Instead, the law states that it does not “prohibit” special education students from access to services. Special education students wouldn’t necessarily be attending school, Martinez said.\u003c/p>\n\u003cp>Unlike students who are home-schooled or studying independently outside of classrooms, students who receive special education services -– they number one in 10 students in California, according to \u003ca href=\"http://www.lao.ca.gov/handouts/education/2015/Overview-of-Special-Education-in-California050715.pdf\" target=\"_blank\">a 2015 report from the Legislative Analyst’s Office\u003c/a> -– are in school buildings and almost always spend time in general education classrooms, physical education classes or cafeterias.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>Jonathan Read, who specializes in special education law at the San Diego firm Fagen Friedman & Fulfrost, said that in the absence of guidance from the state, the immunization law is being interpreted in two ways. The first is that special education students are required by federal law to be educated in the least restrictive environment, which often means spending time in general education classrooms, and that right cannot be limited by a state law requiring them to be vaccinated to obtain access.\u003c/p>\n\u003cp>The second interpretation is that immunizations are a health and safety concern. While districts are obligated to make inclusive special education environments available, according to this line of reasoning, Read said, it is up to parents to decide whether they want their child to have access to those environments by having their child vaccinated.\u003c/p>\n\u003cp>“School districts are grappling with how they want to approach this right now,” Read said.\u003c/p>\n\u003cp>“There are going to be some conflicts,” said Maggie Roberts, associate managing attorney at Disability Rights California, the state’s watchdog group. “School districts will feel they have the right to keep out kids” who are not immunized, she said, while parents will press schools to fulfill their obligation to provide special education services, even if their children are not vaccinated.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/09/24/orange-county-says-special-ed-students-must-also-comply-with-vaccination-law/\" target=\"_blank\">Orange County has made the strongest public statement\u003c/a>, insisting that special education students be vaccinated along with all other students on campus, except those with medical exemptions. “If you exempt all special education kids, you’re going to decrease the vaccination rate by 11 or 12 percent,” said Ronald Wenkart, general counsel for the Orange County Office of Education. “I don’t see how you can interpret the law that way.”\u003c/p>\n\u003cp>Wenkart has advised school districts in the county that special education students must be vaccinated.\u003c/p>\n\u003cp>Other districts are planning for scenarios that could include providing special education services at home for unvaccinated students or meeting with the students in separate facilities at or near school grounds.\u003c/p>\n\u003cp>In the Sacramento City Unified School District, Terri Fox, lead district nurse, said one plan could be to refuse to admit an unvaccinated special education student who requires only an hour or two a week of speech therapy, for instance, and instead provide services to the student offsite. The student would be home-schooled for the remainder of his or her instruction.\u003c/p>\n\u003cp>But unvaccinated students who require extensive academic, behavioral and therapeutic assistance all day in a special education classroom “will probably have to be admitted,” Fox said.\u003c/p>\n\u003cp>In the Long Beach Unified School District, Joyce Cox, program specialist for student health services, said a formal policy has not been adopted. But one idea might be to offer temporary home instruction for students in special education, she said. “That is a way you could still deliver services to the child, and still comply with the state law -- but that decision has not been made,” she said.\u003c/p>\n\u003cp>Gail Williams, director of health services at Fresno Unified, said she will meet with parents of special education students to encourage them to vaccinate their children. If that fails, the path is not clear, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Our numbers are small,” she said. “We will handle it on a case-by-case basis.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/135547/must-special-ed-students-comply-with-vaccine-law-it-varies-by-district","authors":["byline_stateofhealth_135547"],"categories":["stateofhealth_11","stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2519","stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_26567","label":"source_stateofhealth_135547"},"stateofhealth_89014":{"type":"posts","id":"stateofhealth_89014","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"89014","score":null,"sort":[1444172624000]},"guestAuthors":[],"slug":"how-u-s-supreme-court-made-it-tougher-to-challenge-california-vaccine-law","title":"How U.S. Supreme Court Just Made It Tougher to Challenge California Vaccine Law","publishDate":1444172624,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>The U.S. Supreme Court will not hear a challenge to a requirement in New York state that all children be vaccinated, unless they have a religious exemption, before they can attend public school. The justices on Monday let stand lower court rulings that the policy does not violate the constitution.\u003c/p>\n\u003cp>While the particulars of the New York vaccine mandate is somewhat different than in California, this decision still matters here. A\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\"> new law\u003c/a> passed in June requires virtually all California schoolchildren to be vaccinated against a range of diseases in order to attend school.\u003c/p>\n\u003cp>The high court's move means that potential challenges to the California law are \"not likely to succeed,\" Prof. Dorit Reiss, a vaccine law expert at UC Hastings College of the Law in San Francisco, told KQED.\u003c/p>\n\u003cp>During the rancorous debate over the bill, SB277, one of the arguments I heard from those opposing it was that the Supreme Court's major cases on childhood vaccination were decades old -- or more -- and that the world had changed dramatically since the last major rulings.\u003c/p>\n\u003cp>Yes, this is the health blog, but bear with me while we take a look at two key cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>First, in 1905, the Supreme Court in \u003ca href=\"http://caselaw.findlaw.com/us-supreme-court/197/11.html\" target=\"_blank\">Jacobson v. Commonwealth of Massachusetts\u003c/a> essentially ruled that the states could enforce mandatory vaccination laws.\u003c/p>\n\u003cp>Reiss noted that Jacobson found \"states have extensive leeway to require vaccination.\"\u003c/p>\n\u003cp>California never had a religious exemption written into the law. Instead the state had only a \"personal belief exemption,\" now abolished by SB277. Only those children with a medical exemption may attend school without being vaccinated.\u003c/p>\n\u003cp>And that brings us to the second key case.\u003c/p>\n\u003cp>[contextly_sidebar id=\"XCNlz9GH0RZ29XkqsHVBKv8dlxU9i4f5\"]In 1944, the U.S. Supreme Court heard arguments in \u003ca href=\"https://www.law.cornell.edu/supremecourt/text/321/158\" target=\"_blank\">Prince v. Massachusetts\u003c/a>. The case was not explicitly about vaccines -- a Jehovah's Witness was charged with violating child labor law by having her child sell religious material. Rather, the case is seen as one that spells out limits on parental rights. Parents do not have absolute authority over their children, and that can include decisions about vaccination. From the decision:\u003c/p>\n\u003cblockquote>\u003cp> \"The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"You don't get out of a general law because you have a religious exemption,\" Reiss told me. She used taxes as an example. You may have a religious objection, but you still must pay. Because SB277 is \"not aimed at a particular religion,\" one cannot apply a religious exemption.\u003c/p>\n\u003cp>Returning to the challenge to the New York law, Reiss said that by declining an opportunity to consider it, the Supreme Court is not reaffirming these older decisions. But it is also declining an opportunity to reconsider those rulings.\u003c/p>\n\u003cp>It may be that the petition was denied \"because there are not four justices on the Supreme Court who think Jacobson is such bad law that it should be overturned,\" Reiss wrote on\u003ca href=\"http://www.skepticalraptor.com/skepticalraptorblog.php/vaccines-and-religious-exemptions-recent-legal-decision/\" target=\"_blank\"> Skeptical Raptor\u003c/a>.\u003c/p>\n\u003cp>Here in California the new vaccine law appears to raise a different constitutional question -- all California children have a \u003ca href=\"https://oag.ca.gov/publications/CRhandbook/ch6\" target=\"_blank\">constitutional right to an education\u003c/a>. Under SB277, children who are not vaccinated cannot attend school.\u003c/p>\n\u003cp>Is the constitutional right to an education violated by SB277?\u003c/p>\n\u003cp>Reiss said she believes a constitutional challenge on these grounds would be \"incorrect.\" She pointed to a series of famous cases in California, \u003ca href=\"http://scocal.stanford.edu/opinion/serrano-v-priest-27628\" target=\"_blank\">Serrano v. Priest\u003c/a>, which found inequity in school financing. Schools were found to be \"discriminating on wealth,\" Reiss said.\u003c/p>\n\u003cp>But requiring schoolchildren to be vaccinated is not a violation under Serrano v. Priest, Reiss said, because choosing not to vaccinate is a behavior and not a fact of one's existence, such as wealth or race. \"It is perfectly legitimate for the state to regulate behavior, which is what SB277 does,\" Reiss said.\u003c/p>\n\u003cp>The new law goes into effect next July 1.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Oct. 8, 2015: this post has been updated to clarify that New York state permits a religious exemption from its vaccine mandate.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The Supreme Court declined to hear a challenge to a New York vaccine law, and a Calif. vaccine law expert says that matters here.","status":"publish","parent":0,"modified":1444337458,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":693},"headData":{"title":"How U.S. Supreme Court Just Made It Tougher to Challenge California Vaccine Law | KQED","description":"The Supreme Court declined to hear a challenge to a New York vaccine law, and a Calif. vaccine law expert says that matters here.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"89014 http://ww2.kqed.org/stateofhealth/?p=89014","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/10/06/how-u-s-supreme-court-made-it-tougher-to-challenge-california-vaccine-law/","disqusTitle":"How U.S. Supreme Court Just Made It Tougher to Challenge California Vaccine Law","path":"/stateofhealth/89014/how-u-s-supreme-court-made-it-tougher-to-challenge-california-vaccine-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court will not hear a challenge to a requirement in New York state that all children be vaccinated, unless they have a religious exemption, before they can attend public school. The justices on Monday let stand lower court rulings that the policy does not violate the constitution.\u003c/p>\n\u003cp>While the particulars of the New York vaccine mandate is somewhat different than in California, this decision still matters here. A\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\"> new law\u003c/a> passed in June requires virtually all California schoolchildren to be vaccinated against a range of diseases in order to attend school.\u003c/p>\n\u003cp>The high court's move means that potential challenges to the California law are \"not likely to succeed,\" Prof. Dorit Reiss, a vaccine law expert at UC Hastings College of the Law in San Francisco, told KQED.\u003c/p>\n\u003cp>During the rancorous debate over the bill, SB277, one of the arguments I heard from those opposing it was that the Supreme Court's major cases on childhood vaccination were decades old -- or more -- and that the world had changed dramatically since the last major rulings.\u003c/p>\n\u003cp>Yes, this is the health blog, but bear with me while we take a look at two key cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>First, in 1905, the Supreme Court in \u003ca href=\"http://caselaw.findlaw.com/us-supreme-court/197/11.html\" target=\"_blank\">Jacobson v. Commonwealth of Massachusetts\u003c/a> essentially ruled that the states could enforce mandatory vaccination laws.\u003c/p>\n\u003cp>Reiss noted that Jacobson found \"states have extensive leeway to require vaccination.\"\u003c/p>\n\u003cp>California never had a religious exemption written into the law. Instead the state had only a \"personal belief exemption,\" now abolished by SB277. Only those children with a medical exemption may attend school without being vaccinated.\u003c/p>\n\u003cp>And that brings us to the second key case.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>In 1944, the U.S. Supreme Court heard arguments in \u003ca href=\"https://www.law.cornell.edu/supremecourt/text/321/158\" target=\"_blank\">Prince v. Massachusetts\u003c/a>. The case was not explicitly about vaccines -- a Jehovah's Witness was charged with violating child labor law by having her child sell religious material. Rather, the case is seen as one that spells out limits on parental rights. Parents do not have absolute authority over their children, and that can include decisions about vaccination. From the decision:\u003c/p>\n\u003cblockquote>\u003cp> \"The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"You don't get out of a general law because you have a religious exemption,\" Reiss told me. She used taxes as an example. You may have a religious objection, but you still must pay. Because SB277 is \"not aimed at a particular religion,\" one cannot apply a religious exemption.\u003c/p>\n\u003cp>Returning to the challenge to the New York law, Reiss said that by declining an opportunity to consider it, the Supreme Court is not reaffirming these older decisions. But it is also declining an opportunity to reconsider those rulings.\u003c/p>\n\u003cp>It may be that the petition was denied \"because there are not four justices on the Supreme Court who think Jacobson is such bad law that it should be overturned,\" Reiss wrote on\u003ca href=\"http://www.skepticalraptor.com/skepticalraptorblog.php/vaccines-and-religious-exemptions-recent-legal-decision/\" target=\"_blank\"> Skeptical Raptor\u003c/a>.\u003c/p>\n\u003cp>Here in California the new vaccine law appears to raise a different constitutional question -- all California children have a \u003ca href=\"https://oag.ca.gov/publications/CRhandbook/ch6\" target=\"_blank\">constitutional right to an education\u003c/a>. Under SB277, children who are not vaccinated cannot attend school.\u003c/p>\n\u003cp>Is the constitutional right to an education violated by SB277?\u003c/p>\n\u003cp>Reiss said she believes a constitutional challenge on these grounds would be \"incorrect.\" She pointed to a series of famous cases in California, \u003ca href=\"http://scocal.stanford.edu/opinion/serrano-v-priest-27628\" target=\"_blank\">Serrano v. Priest\u003c/a>, which found inequity in school financing. Schools were found to be \"discriminating on wealth,\" Reiss said.\u003c/p>\n\u003cp>But requiring schoolchildren to be vaccinated is not a violation under Serrano v. Priest, Reiss said, because choosing not to vaccinate is a behavior and not a fact of one's existence, such as wealth or race. \"It is perfectly legitimate for the state to regulate behavior, which is what SB277 does,\" Reiss said.\u003c/p>\n\u003cp>The new law goes into effect next July 1.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Oct. 8, 2015: this post has been updated to clarify that New York state permits a religious exemption from its vaccine mandate.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/89014/how-u-s-supreme-court-made-it-tougher-to-challenge-california-vaccine-law","authors":["240"],"categories":["stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2519","stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_89625","label":"stateofhealth"},"stateofhealth_85535":{"type":"posts","id":"stateofhealth_85535","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"85535","score":null,"sort":[1443480015000]},"guestAuthors":[],"slug":"california-vaccine-law-opponents-file-petitions-for-repeal","title":"California Vaccine Law Opponents File Petitions for Repeal","publishDate":1443480015,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>SACRAMENTO, Calif. (AP) — Supporters of an effort to repeal California's new law requiring mandatory vaccines for schoolchildren faced a Monday deadline to turn in enough signatures to qualify a ballot initiative asking voters to repeal the law.\u003c/p>\n\u003cp>The group had until the end of the day to submit the needed 366,000 signatures to county clerks to ask California voters to repeal SB277, which struck down the state's personal belief exemption for immunizations, a move that requires nearly all public schoolchildren to be vaccinated.\u003c/p>\n\u003cp>Gov. Jerry Brown signed SB277 into law earlier this year amid fierce opposition from some parents rights groups who argue the state should not force their children to be vaccinated. He said the science is clear that vaccines \"dramatically protect children against a number of infectious and dangerous diseases.\"\u003c/p>\n\u003cp>It's unclear whether supporters have enough signatures to make it to the ballot and it might not be known until next week, when clerks face a deadline to report how many signatures they received. The leading proponent of the effort, former Republican Assemblyman Tim Donnelly, said in an email Monday that volunteers were coerced and threatened while collecting signatures.\u003c/p>\n\u003cp>Donnelly did not return repeated messages inquiring about the effort's chances, but said in his email that he was proud of the volunteers who worked on the campaign \"whatever the outcome is.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The SB277 Referendum was sabotaged from without and within by powerful forces from its very inception, but we never gave up and we never gave in,\" he wrote.\u003c/p>\n\u003cp>The bill's author, Sen. Richard Pan, D-Sacramento, told reporters Monday that he's confident voters support the vaccination requirement, whether the initiative makes the ballot or not.\u003c/p>\n\u003cp>\"I'm sure the voters of California are not interested in letting a privileged few take away the rights of all Californians to be safe from preventable disease,\" Pan said. \"If they don't have the signatures, I think it would be a direct reflection of the fact that Californians wanted to see their communities safe.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>California will join Mississippi and West Virginia as the only states with such strict requirements, if the law takes effect as planned next year.\u003c/p>\n\n","blocks":[],"excerpt":"The group has until the end of the day Monday to file the needed 366,000 signatures to place a referendum on the ballot. ","status":"publish","parent":0,"modified":1445451680,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":368},"headData":{"title":"California Vaccine Law Opponents File Petitions for Repeal | KQED","description":"The group has until the end of the day Monday to file the needed 366,000 signatures to place a referendum on the ballot. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"85535 http://ww2.kqed.org/stateofhealth/?p=85535","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/09/28/california-vaccine-law-opponents-file-petitions-for-repeal/","disqusTitle":"California Vaccine Law Opponents File Petitions for Repeal","nprByline":"Juliet Williams","path":"/stateofhealth/85535/california-vaccine-law-opponents-file-petitions-for-repeal","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO, Calif. (AP) — Supporters of an effort to repeal California's new law requiring mandatory vaccines for schoolchildren faced a Monday deadline to turn in enough signatures to qualify a ballot initiative asking voters to repeal the law.\u003c/p>\n\u003cp>The group had until the end of the day to submit the needed 366,000 signatures to county clerks to ask California voters to repeal SB277, which struck down the state's personal belief exemption for immunizations, a move that requires nearly all public schoolchildren to be vaccinated.\u003c/p>\n\u003cp>Gov. Jerry Brown signed SB277 into law earlier this year amid fierce opposition from some parents rights groups who argue the state should not force their children to be vaccinated. He said the science is clear that vaccines \"dramatically protect children against a number of infectious and dangerous diseases.\"\u003c/p>\n\u003cp>It's unclear whether supporters have enough signatures to make it to the ballot and it might not be known until next week, when clerks face a deadline to report how many signatures they received. The leading proponent of the effort, former Republican Assemblyman Tim Donnelly, said in an email Monday that volunteers were coerced and threatened while collecting signatures.\u003c/p>\n\u003cp>Donnelly did not return repeated messages inquiring about the effort's chances, but said in his email that he was proud of the volunteers who worked on the campaign \"whatever the outcome is.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The SB277 Referendum was sabotaged from without and within by powerful forces from its very inception, but we never gave up and we never gave in,\" he wrote.\u003c/p>\n\u003cp>The bill's author, Sen. Richard Pan, D-Sacramento, told reporters Monday that he's confident voters support the vaccination requirement, whether the initiative makes the ballot or not.\u003c/p>\n\u003cp>\"I'm sure the voters of California are not interested in letting a privileged few take away the rights of all Californians to be safe from preventable disease,\" Pan said. \"If they don't have the signatures, I think it would be a direct reflection of the fact that Californians wanted to see their communities safe.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>California will join Mississippi and West Virginia as the only states with such strict requirements, if the law takes effect as planned next year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/85535/california-vaccine-law-opponents-file-petitions-for-repeal","authors":["byline_stateofhealth_85535"],"categories":["stateofhealth_13"],"tags":["stateofhealth_2519","stateofhealth_2400","stateofhealth_461","stateofhealth_31"],"featImg":"stateofhealth_85536","label":"stateofhealth"},"stateofhealth_83194":{"type":"posts","id":"stateofhealth_83194","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"83194","score":null,"sort":[1443115212000]},"guestAuthors":[],"slug":"orange-county-says-special-ed-students-must-also-comply-with-vaccination-law","title":"Orange County Says Special-Ed Students Must Also Comply with Vaccine Law","publishDate":1443115212,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{},"content":"\u003cp>In Orange County, home to the \u003ca class=\"external\" href=\"http://ww2.kqed.org/stateofhealth/2015/04/16/disneyland-measles-outbreak-to-be-declared-over/\" target=\"_blank\">Disneyland measles outbreak\u003c/a> that spread to seven other states and fueled a strict California vaccination law this year, attorneys for the Orange County Department of Education have stated that the new vaccination requirements apply equally to special education students, a group that some thought would be exempt because of their federally protected right to educational services.\u003c/p>\n\u003cp>In \u003ca class=\"external\" href=\"https://www.documentcloud.org/documents/2429711-8-19-15-sb277-q-and-a.html\" target=\"_blank\">a memo\u003c/a> issued last month, the Orange County Department of Education has advised its 28 school districts that students in special education must comply with the law.\u003c/p>\n\u003caside class=\"pullquote alignright\">“The law doesn’t say they are exempt.”\u003ccite>Ronald Wenkart, general counsel, Orange County Department of Education \u003c/cite>\u003c/aside>\n\u003cp>Under the law, which goes into effect on July 1, students must be vaccinated before attending school, unless they obtain a medical exemption to the required vaccinations, or enroll in homeschooling or independent study. The law abolished the \"personal belief exemption\" which allowed parents to refuse to vaccinate their children -- but still send them to public or private school.\u003c/p>\n\u003cp>“The law doesn’t say (special education students) are exempt,” said Ronald Wenkart, general counsel for the Orange County Department of Education and the author of the memo. If the lawmakers who drafted the legislation had wanted to exempt these students, “they could have put an exemption in there,” he said.\u003c/p>\n\u003cp>Yet, many parents who opposed the new vaccination law, known as \u003ca class=\"external\" href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">Senate Bill 277\u003c/a>, believed that special education students would be exempt. That's because of language in the bill, inserted late in the legislative process, that they felt guaranteed federally-protected educational services no matter what. The law states that it “does not prohibit” a student who qualifies for a special education from “accessing any special education and related services.” No details are provided.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the meaning of the phrase “accessing any special education and related services” has not yet been clarified by the California Department of Public Health, which is charged with issuing regulations and guidance to schools about the vaccination law. The Orange County Office of Education appears to be one of the first education agencies to offer an interpretation.\u003c/p>\n\u003caside class=\"pullquote alignright\">“There’s a lot of anxiety, a lot of frustration and the feeling that we were lied to.” \u003ccite>Kristie Sepulveda-Burchit, executive director, Educate Advocate\u003c/cite>\u003c/aside>\n\u003cp>Its memo has surprised and upset some parents of unvaccinated students in special education, said Kristie Sepulveda-Burchit, executive director of Educate Advocate, a Southern California-based nonprofit organization of parents of children with special needs.\u003c/p>\n\u003cp>“There’s a lot of anxiety, a lot of frustration and the feeling that we were lied to,” Sepulveda-Burchit said. “Pretty much anyone you talk to was under the impression that students with an IEP (Individualized Education Program) were exempt from the bill.”\u003c/p>\n\u003cp>But that is not how the Orange County Department of Education sees it.\u003c/p>\n\u003cp>“I don’t think there is any difference between general education and special education in terms of vaccinations,” Wenkart said. “It’s the same rules.”\u003c/p>\n\u003cp>He said the federal guarantee of a “free and appropriate education” for students with disabilities does not conflict with the state law requiring that students be vaccinated.\u003c/p>\n\u003cp>“A child is entitled to a free and appropriate education and you also have a legal obligation to vaccinate your child,” he said. Wenkart did not provide further explanation about how schools would provide special education services to unvaccinated students.\u003c/p>\n\u003cp>He added, “If a parent chooses to violate the law, consequences could follow.” After notifying parents in writing about the requirements of Senate Bill 277, school districts could contact the Orange County Health Care Agency for assistance, he said.\u003c/p>\n\u003cp>And parents could end up in court, he said. “They’d have to present what would be their reason for not vaccinating their child,” Wenkart said. “If they believe vaccinations are harmful, the burden of proof is on them and they’d have to provide medical backup.” A school district could seek a court order to force parents to comply with the law, he said.\u003c/p>\n\u003cp>The legal opinion of the Orange County Department of Education is not the final word. The California Department of Public Health said that with regard to special education students, it “is reviewing the new law and meeting with partners to determine what guidance might be needed.”\u003c/p>\n\u003cp>Jennifer Nix, an attorney with School and College Legal Services of California, noted that the federal law is clear in requiring that students who qualify for special education receive those services.\u003c/p>\n\u003cp>“Federal law always trumps state law, if they can’t be implemented at the same time,” Nix said.\u003c/p>\n\u003cp>Paul Lavigne, executive director of the Greater Anaheim Special Education Local Plan Area, said his organization is waiting for further guidance. \"It’s one of these situations where the interpretation of the law is going to be the issue,” he said.\u003c/p>\n\u003cp>At the board meeting scheduled for Monday at the Orange County Department of Education in Costa Mesa, Sepulveda-Burchit and other members of Educate Advocate are “hoping to get some more answers,” she said.\u003c/p>\n\u003cp>“This brings fear to a whole other level for parents of kids with special needs,” she said of the memo.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://edsource.org/author/jadams\" target=\"_blank\">Jane Meredith Adams\u003c/a> covers student health and well-being for EdSource. Follow her on \u003ca href=\"https://twitter.com/JaneAdams\" target=\"_blank\">Twitter\u003c/a>.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Yet, many parents who opposed the new vaccine law believe legislators intentionally exempted special-ed students.","status":"publish","parent":0,"modified":1448840762,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":931},"headData":{"title":"Orange County Says Special-Ed Students Must Also Comply with Vaccine Law | KQED","description":"Yet, many parents who opposed the new vaccine law believe legislators intentionally exempted special-ed students.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"83194 http://ww2.kqed.org/stateofhealth/?p=83194","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/09/24/orange-county-says-special-ed-students-must-also-comply-with-vaccination-law/","disqusTitle":"Orange County Says Special-Ed Students Must Also Comply with Vaccine Law","source":"EdSource","nprByline":"Jane Meredith Adams","path":"/stateofhealth/83194/orange-county-says-special-ed-students-must-also-comply-with-vaccination-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In Orange County, home to the \u003ca class=\"external\" href=\"http://ww2.kqed.org/stateofhealth/2015/04/16/disneyland-measles-outbreak-to-be-declared-over/\" target=\"_blank\">Disneyland measles outbreak\u003c/a> that spread to seven other states and fueled a strict California vaccination law this year, attorneys for the Orange County Department of Education have stated that the new vaccination requirements apply equally to special education students, a group that some thought would be exempt because of their federally protected right to educational services.\u003c/p>\n\u003cp>In \u003ca class=\"external\" href=\"https://www.documentcloud.org/documents/2429711-8-19-15-sb277-q-and-a.html\" target=\"_blank\">a memo\u003c/a> issued last month, the Orange County Department of Education has advised its 28 school districts that students in special education must comply with the law.\u003c/p>\n\u003caside class=\"pullquote alignright\">“The law doesn’t say they are exempt.”\u003ccite>Ronald Wenkart, general counsel, Orange County Department of Education \u003c/cite>\u003c/aside>\n\u003cp>Under the law, which goes into effect on July 1, students must be vaccinated before attending school, unless they obtain a medical exemption to the required vaccinations, or enroll in homeschooling or independent study. The law abolished the \"personal belief exemption\" which allowed parents to refuse to vaccinate their children -- but still send them to public or private school.\u003c/p>\n\u003cp>“The law doesn’t say (special education students) are exempt,” said Ronald Wenkart, general counsel for the Orange County Department of Education and the author of the memo. If the lawmakers who drafted the legislation had wanted to exempt these students, “they could have put an exemption in there,” he said.\u003c/p>\n\u003cp>Yet, many parents who opposed the new vaccination law, known as \u003ca class=\"external\" href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">Senate Bill 277\u003c/a>, believed that special education students would be exempt. That's because of language in the bill, inserted late in the legislative process, that they felt guaranteed federally-protected educational services no matter what. The law states that it “does not prohibit” a student who qualifies for a special education from “accessing any special education and related services.” No details are provided.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the meaning of the phrase “accessing any special education and related services” has not yet been clarified by the California Department of Public Health, which is charged with issuing regulations and guidance to schools about the vaccination law. The Orange County Office of Education appears to be one of the first education agencies to offer an interpretation.\u003c/p>\n\u003caside class=\"pullquote alignright\">“There’s a lot of anxiety, a lot of frustration and the feeling that we were lied to.” \u003ccite>Kristie Sepulveda-Burchit, executive director, Educate Advocate\u003c/cite>\u003c/aside>\n\u003cp>Its memo has surprised and upset some parents of unvaccinated students in special education, said Kristie Sepulveda-Burchit, executive director of Educate Advocate, a Southern California-based nonprofit organization of parents of children with special needs.\u003c/p>\n\u003cp>“There’s a lot of anxiety, a lot of frustration and the feeling that we were lied to,” Sepulveda-Burchit said. “Pretty much anyone you talk to was under the impression that students with an IEP (Individualized Education Program) were exempt from the bill.”\u003c/p>\n\u003cp>But that is not how the Orange County Department of Education sees it.\u003c/p>\n\u003cp>“I don’t think there is any difference between general education and special education in terms of vaccinations,” Wenkart said. “It’s the same rules.”\u003c/p>\n\u003cp>He said the federal guarantee of a “free and appropriate education” for students with disabilities does not conflict with the state law requiring that students be vaccinated.\u003c/p>\n\u003cp>“A child is entitled to a free and appropriate education and you also have a legal obligation to vaccinate your child,” he said. Wenkart did not provide further explanation about how schools would provide special education services to unvaccinated students.\u003c/p>\n\u003cp>He added, “If a parent chooses to violate the law, consequences could follow.” After notifying parents in writing about the requirements of Senate Bill 277, school districts could contact the Orange County Health Care Agency for assistance, he said.\u003c/p>\n\u003cp>And parents could end up in court, he said. “They’d have to present what would be their reason for not vaccinating their child,” Wenkart said. “If they believe vaccinations are harmful, the burden of proof is on them and they’d have to provide medical backup.” A school district could seek a court order to force parents to comply with the law, he said.\u003c/p>\n\u003cp>The legal opinion of the Orange County Department of Education is not the final word. The California Department of Public Health said that with regard to special education students, it “is reviewing the new law and meeting with partners to determine what guidance might be needed.”\u003c/p>\n\u003cp>Jennifer Nix, an attorney with School and College Legal Services of California, noted that the federal law is clear in requiring that students who qualify for special education receive those services.\u003c/p>\n\u003cp>“Federal law always trumps state law, if they can’t be implemented at the same time,” Nix said.\u003c/p>\n\u003cp>Paul Lavigne, executive director of the Greater Anaheim Special Education Local Plan Area, said his organization is waiting for further guidance. \"It’s one of these situations where the interpretation of the law is going to be the issue,” he said.\u003c/p>\n\u003cp>At the board meeting scheduled for Monday at the Orange County Department of Education in Costa Mesa, Sepulveda-Burchit and other members of Educate Advocate are “hoping to get some more answers,” she said.\u003c/p>\n\u003cp>“This brings fear to a whole other level for parents of kids with special needs,” she said of the memo.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://edsource.org/author/jadams\" target=\"_blank\">Jane Meredith Adams\u003c/a> covers student health and well-being for EdSource. Follow her on \u003ca href=\"https://twitter.com/JaneAdams\" target=\"_blank\">Twitter\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/83194/orange-county-says-special-ed-students-must-also-comply-with-vaccination-law","authors":["byline_stateofhealth_83194"],"categories":["stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2519","stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_83224","label":"source_stateofhealth_83194"},"stateofhealth_43117":{"type":"posts","id":"stateofhealth_43117","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"43117","score":null,"sort":[1435864836000]},"guestAuthors":[],"slug":"california-vaccine-debate-not-quite-over-tim-donnelly-files-referendum-to-overturn-new-law","title":"Not Over Yet: Tim Donnelly Files for Referendum to Overturn California's New Vaccine Law","publishDate":1435864836,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>Well, that didn't take long.\u003c/p>\n\u003cp>Former California Assemblyman and \u003ca href=\"http://ww2.kqed.org/news/tim-donnelly-gop-for-governor\" target=\"_blank\">ex-gubernatorial candidate\u003c/a> Tim Donnelly Wednesday \u003ca href=\"https://oag.ca.gov/system/files/initiatives/pdfs/15-0035%20%28Referendum%20of%20SB%20277%29.pdf\" target=\"_blank\">filed paperwork\u003c/a> with the Office of the Attorney General for a referendum that would overturn California's brand-new law ending personal belief exemptions for vaccines. Donnelly filed the request just one day after Gov. Jerry Brown signed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a> into law.\u003c/p>\n\u003cp>Donnelly, a tea party conservative who hosts an Inland Empire talk radio show on KIXW-AM, \u003ca href=\"https://www.facebook.com/tim.donnelly.372/posts/463441200498927?pnref=story\" target=\"_blank\"> posted his displeasure with the new law on Facebook\u003c/a> Tuesday.\u003c/p>\n\u003cp>\"Gov. Jerry Brown signed away a parent's right to choose what's best for their child,\" he wrote. \"This is a victory for leftists bent on absolute control. No more choice, no informed consent, only compliance or else!\"\u003c/p>\n\u003cp>Backers of the law's repeal now have 90 days from its enactment Tuesday to gather 365,880 signatures, the number needed to \u003ca href=\"http://www.sos.ca.gov/elections/ballot-measures/referendum/\" target=\"_blank\">qualify the referendum \u003c/a>for the Nov. 1, 2016, ballot. Provided enough signatures are verified, the law would then be put on hold until after the election.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That would mean parents could at least temporarily slide by the July 1, 2016, implementation of the law, when any child entering preschool, kindergarten or seventh grade, or any student changing schools, is required to have the proper vaccinations if they have not already obtained a personal belief exemption by Jan. 1.\u003c/p>\n\u003cp>\"Even if they don’t have a chance of passing this, just getting it on the ballot box has a chance to throw a wrench in things,\" says KQED politics and government reporter Marisa Lagos.\u003c/p>\n\u003cp>Lagos said the success of the signature drive will depend -- what else? -- on money.\u003c/p>\n\u003cp>\"The question is whether they will have funding to send signature-gatherers out to do this work, enough boots on the ground to collect signatures,” she said.\u003c/p>\n\u003cp>Christina Hildebrand, founder of A Voice for Choice, a nonprofit group that worked against the vaccine bill, told KQED's April Dembosky that collecting the required signatures was doable.\u003c/p>\n\u003cp>\"We need 5 percent of what was cast in the governor’s election, which was a \u003ca href=\"http://ww2.kqed.org/news/2014/11/12-might-california-low-voter-turnout-spark-2016-initiative-frenzy/\" target=\"_blank\">very low turnout\u003c/a> vote, so I do believe we can get that,\" she said.\u003c/p>\n\u003cp>And then there's the \u003ca href=\"http://www.sacbee.com/news/politics-government/capitol-alert/article26061985.html\" target=\"_blank\">Jim Carrey factor\u003c/a> to consider.\u003c/p>\n\u003cp>State Sen. Richard Pan, a co-author of the law, responded to the referendum filing in a statement. “Californians overwhelmingly support requiring vaccinations for school,\" Pan said. \"Our bill was a reasonable, science-based approach to protecting children, and the most vulnerable among us, from dangerous diseases. Vaccines are one of the most powerful tools we have to prevent deadly communicable diseases.\"\u003c/p>\n\u003cp>Pan said he would fight \"any referendum that hurts Californians.\"\u003c/p>\n\u003cp>A May \u003ca href=\"http://www.ppic.org/main/publication.asp?i=1153\" target=\"_blank\"> poll by the Public Policy Institute of California\u003c/a> found that 67 percent of Californians and 65 percent of public school parents think children should not be allowed to attend public school without getting vaccinated. Large majorities also said that childhood vaccines are generally safe.\u003c/p>\n\u003cp>If a referendum fails, opponents of the law could turn to the courts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California state constitution guarantees a free and public education for every child,\" said Hildebrand. Lawyers have been lining up to help with a lawsuit, she said. \"They keep coming out of the woodwork.\"\u003c/p>\n\n","blocks":[],"excerpt":"Backers of the repeal have 90 days from law's enactment to gather 365,880 signatures. ","status":"publish","parent":0,"modified":1435877738,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":539},"headData":{"title":"Not Over Yet: Tim Donnelly Files for Referendum to Overturn California's New Vaccine Law | KQED","description":"Backers of the repeal have 90 days from law's enactment to gather 365,880 signatures. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"43117 http://ww2.kqed.org/stateofhealth/?p=43117","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/07/02/california-vaccine-debate-not-quite-over-tim-donnelly-files-referendum-to-overturn-new-law/","disqusTitle":"Not Over Yet: Tim Donnelly Files for Referendum to Overturn California's New Vaccine Law","path":"/stateofhealth/43117/california-vaccine-debate-not-quite-over-tim-donnelly-files-referendum-to-overturn-new-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Well, that didn't take long.\u003c/p>\n\u003cp>Former California Assemblyman and \u003ca href=\"http://ww2.kqed.org/news/tim-donnelly-gop-for-governor\" target=\"_blank\">ex-gubernatorial candidate\u003c/a> Tim Donnelly Wednesday \u003ca href=\"https://oag.ca.gov/system/files/initiatives/pdfs/15-0035%20%28Referendum%20of%20SB%20277%29.pdf\" target=\"_blank\">filed paperwork\u003c/a> with the Office of the Attorney General for a referendum that would overturn California's brand-new law ending personal belief exemptions for vaccines. Donnelly filed the request just one day after Gov. Jerry Brown signed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a> into law.\u003c/p>\n\u003cp>Donnelly, a tea party conservative who hosts an Inland Empire talk radio show on KIXW-AM, \u003ca href=\"https://www.facebook.com/tim.donnelly.372/posts/463441200498927?pnref=story\" target=\"_blank\"> posted his displeasure with the new law on Facebook\u003c/a> Tuesday.\u003c/p>\n\u003cp>\"Gov. Jerry Brown signed away a parent's right to choose what's best for their child,\" he wrote. \"This is a victory for leftists bent on absolute control. No more choice, no informed consent, only compliance or else!\"\u003c/p>\n\u003cp>Backers of the law's repeal now have 90 days from its enactment Tuesday to gather 365,880 signatures, the number needed to \u003ca href=\"http://www.sos.ca.gov/elections/ballot-measures/referendum/\" target=\"_blank\">qualify the referendum \u003c/a>for the Nov. 1, 2016, ballot. Provided enough signatures are verified, the law would then be put on hold until after the election.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That would mean parents could at least temporarily slide by the July 1, 2016, implementation of the law, when any child entering preschool, kindergarten or seventh grade, or any student changing schools, is required to have the proper vaccinations if they have not already obtained a personal belief exemption by Jan. 1.\u003c/p>\n\u003cp>\"Even if they don’t have a chance of passing this, just getting it on the ballot box has a chance to throw a wrench in things,\" says KQED politics and government reporter Marisa Lagos.\u003c/p>\n\u003cp>Lagos said the success of the signature drive will depend -- what else? -- on money.\u003c/p>\n\u003cp>\"The question is whether they will have funding to send signature-gatherers out to do this work, enough boots on the ground to collect signatures,” she said.\u003c/p>\n\u003cp>Christina Hildebrand, founder of A Voice for Choice, a nonprofit group that worked against the vaccine bill, told KQED's April Dembosky that collecting the required signatures was doable.\u003c/p>\n\u003cp>\"We need 5 percent of what was cast in the governor’s election, which was a \u003ca href=\"http://ww2.kqed.org/news/2014/11/12-might-california-low-voter-turnout-spark-2016-initiative-frenzy/\" target=\"_blank\">very low turnout\u003c/a> vote, so I do believe we can get that,\" she said.\u003c/p>\n\u003cp>And then there's the \u003ca href=\"http://www.sacbee.com/news/politics-government/capitol-alert/article26061985.html\" target=\"_blank\">Jim Carrey factor\u003c/a> to consider.\u003c/p>\n\u003cp>State Sen. Richard Pan, a co-author of the law, responded to the referendum filing in a statement. “Californians overwhelmingly support requiring vaccinations for school,\" Pan said. \"Our bill was a reasonable, science-based approach to protecting children, and the most vulnerable among us, from dangerous diseases. Vaccines are one of the most powerful tools we have to prevent deadly communicable diseases.\"\u003c/p>\n\u003cp>Pan said he would fight \"any referendum that hurts Californians.\"\u003c/p>\n\u003cp>A May \u003ca href=\"http://www.ppic.org/main/publication.asp?i=1153\" target=\"_blank\"> poll by the Public Policy Institute of California\u003c/a> found that 67 percent of Californians and 65 percent of public school parents think children should not be allowed to attend public school without getting vaccinated. Large majorities also said that childhood vaccines are generally safe.\u003c/p>\n\u003cp>If a referendum fails, opponents of the law could turn to the courts.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California state constitution guarantees a free and public education for every child,\" said Hildebrand. Lawyers have been lining up to help with a lawsuit, she said. \"They keep coming out of the woodwork.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/43117/california-vaccine-debate-not-quite-over-tim-donnelly-files-referendum-to-overturn-new-law","authors":["80"],"categories":["stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_43165","label":"stateofhealth"},"stateofhealth_42179":{"type":"posts","id":"stateofhealth_42179","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"42179","score":null,"sort":[1435683194000]},"guestAuthors":[],"slug":"resistance-to-vaccines-has-long-history","title":"Resisting Vaccinations Has Long History","publishDate":1435683194,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>California is on the brink of enacting a law that would require nearly all children to be vaccinated in order to attend school. While the bill has passed the Legislature, public health officials have had to grapple with a strong, vocal opposition along the way. (\u003cstrong>Update July 1\u003c/strong>: Gov. Jerry Brown yesterday \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\">signed the bill into law\u003c/a>.)\u003c/p>\n\u003cp>There's actually a long history to the anti-vaccination movement.\u003c/p>\n\u003cp>\"From the moment the very first vaccine came on the scene, which was the smallpox vaccine, there has been resistance to vaccines and vaccination,\" says Elena Conis, a history professor at Emory University and author of Vaccine Nation: America's Changing Relationship with Immunization.\u003c/p>\n\u003cp>She says that the modern-day resistance movement shares its roots and rhetoric with the social movements of the 1960s and '70s, including feminism, environmentalism and consumer rights.\u003c/p>\n\u003cp>\"They encouraged people to question sources of authority, including doctors,\" she says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For example, women's advocates started to question medical advice on reproductive health and childbirth.\u003c/p>\n\u003cp>\"Women also start opting to increasingly use midwives, have births outside the hospital,\" she says, \"And also reject professional advice about formula feeding over breastfeeding.\"\u003c/p>\n\u003cp>Environmental activists were also encouraging people to think about chemical exposures, even in small amounts, at the same time that drug manufacturers started including package inserts listing drug ingredients.\u003c/p>\n\u003cp>Conis says that this is the context for the list of vaccine recommendations, which has grown longer over the last generation. It can be overwhelming for today's parents to watch their babies cry through one shot after another.\u003c/p>\n\u003cp>\"We started looking at the vaccine schedule and how intense and frequent these vaccines seem to come up,\" says George McCann, a general contractor and father of two daughters, who lives north of San Francisco. \"So we started talking about whether or not this seemed to be the best approach for our children.\"\u003c/p>\n\u003cp>He and his wife decided to have their girls get some vaccines, but not all. They skipped vaccines for pneumonia and chicken pox and waited on polio until the girls were older.\u003c/p>\n\u003cp>\"The whole issue for me comes down to the idea that somehow the state would get to mandate that all of us have to do something, as if we don't have the ability to look into this with compassion and intelligence and critical thinking on behalf of our children,\" he explains.\u003c/p>\n\u003cp>But Carl Krawitt asks that those who don't vaccinate or delay think about other peoples' children. His son couldn't get vaccinated for five years while he was being treated for leukemia. He depended on others to be immunized so they couldn't spread potentially deadly diseases.\u003c/p>\n\u003cp>\"People often don't understand that their choices have an impact on others,\" he says. \"People take personal freedoms to such an extreme that they forget about the community.\"\u003c/p>\n\u003cp>These are the types of parental debates Dr. Matt Willis is navigating. He's the public health officer for Marin County. In some communities there, only half the kids are fully vaccinated.\u003c/p>\n\u003cp>His office is trying to figure out why. It did a survey and found a few common characteristics of today's parents who don't vaccinate.\u003c/p>\n\u003cp>\"A higher proportion are getting information from the Internet, and a higher number of the parents were seeing alternative medical providers,\" he says.\u003c/p>\n\u003cp>Willis has developed a list of talking points for each vaccine. He tells parents that there's no link between the measles vaccine and autism.\u003c/p>\n\u003cp>He says that polio is probably his toughest sell. The disease was eradicated from the United States in the late 1970s, so American parents today have no memory of how horrible the disease was. While the polio virus is not endemic to the U.S., he reminds parents that it still is in other parts of the world.\u003c/p>\n\u003cp>\"It's really just one plane ride away,\" he says.\u003c/p>\n\u003cp>Willis tell parents who want to delay some vaccines to think of them like a seat belt.\u003c/p>\n\u003cp>\"You could choose to put them in their safety belt as you leave your driveway and start driving, or you could choose to pull over 10 miles later and put it on,\" he says.\u003c/p>\n\u003cp>Willis is hoping California Gov. Jerry Brown will sign the bill prohibiting parents from opting out of vaccines for religious or personal beliefs. If passed, the law would take effect on Jan. 1, 2016.\u003c/p>\n\u003cp>\"It will certainly make my job a lot easier,\" he says, because controlling a disease outbreak is like fighting a fire. \"It's much easier to prevent a fire from happening in the first place than it is to try and extinguish it once it's spreading.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story is part of a reporting partnership with NPR, KQED and Kaiser Health News.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Resistance movement shares its roots and rhetoric with social movements of the 1960s and '70s.","status":"publish","parent":0,"modified":1435773020,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":797},"headData":{"title":"Resisting Vaccinations Has Long History | KQED","description":"Resistance movement shares its roots and rhetoric with social movements of the 1960s and '70s.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"42179 http://ww2.kqed.org/stateofhealth/?p=42179","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/06/30/resistance-to-vaccines-has-long-history/","disqusTitle":"Resisting Vaccinations Has Long History","path":"/stateofhealth/42179/resistance-to-vaccines-has-long-history","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California is on the brink of enacting a law that would require nearly all children to be vaccinated in order to attend school. While the bill has passed the Legislature, public health officials have had to grapple with a strong, vocal opposition along the way. (\u003cstrong>Update July 1\u003c/strong>: Gov. Jerry Brown yesterday \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/\" target=\"_blank\">signed the bill into law\u003c/a>.)\u003c/p>\n\u003cp>There's actually a long history to the anti-vaccination movement.\u003c/p>\n\u003cp>\"From the moment the very first vaccine came on the scene, which was the smallpox vaccine, there has been resistance to vaccines and vaccination,\" says Elena Conis, a history professor at Emory University and author of Vaccine Nation: America's Changing Relationship with Immunization.\u003c/p>\n\u003cp>She says that the modern-day resistance movement shares its roots and rhetoric with the social movements of the 1960s and '70s, including feminism, environmentalism and consumer rights.\u003c/p>\n\u003cp>\"They encouraged people to question sources of authority, including doctors,\" she says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For example, women's advocates started to question medical advice on reproductive health and childbirth.\u003c/p>\n\u003cp>\"Women also start opting to increasingly use midwives, have births outside the hospital,\" she says, \"And also reject professional advice about formula feeding over breastfeeding.\"\u003c/p>\n\u003cp>Environmental activists were also encouraging people to think about chemical exposures, even in small amounts, at the same time that drug manufacturers started including package inserts listing drug ingredients.\u003c/p>\n\u003cp>Conis says that this is the context for the list of vaccine recommendations, which has grown longer over the last generation. It can be overwhelming for today's parents to watch their babies cry through one shot after another.\u003c/p>\n\u003cp>\"We started looking at the vaccine schedule and how intense and frequent these vaccines seem to come up,\" says George McCann, a general contractor and father of two daughters, who lives north of San Francisco. \"So we started talking about whether or not this seemed to be the best approach for our children.\"\u003c/p>\n\u003cp>He and his wife decided to have their girls get some vaccines, but not all. They skipped vaccines for pneumonia and chicken pox and waited on polio until the girls were older.\u003c/p>\n\u003cp>\"The whole issue for me comes down to the idea that somehow the state would get to mandate that all of us have to do something, as if we don't have the ability to look into this with compassion and intelligence and critical thinking on behalf of our children,\" he explains.\u003c/p>\n\u003cp>But Carl Krawitt asks that those who don't vaccinate or delay think about other peoples' children. His son couldn't get vaccinated for five years while he was being treated for leukemia. He depended on others to be immunized so they couldn't spread potentially deadly diseases.\u003c/p>\n\u003cp>\"People often don't understand that their choices have an impact on others,\" he says. \"People take personal freedoms to such an extreme that they forget about the community.\"\u003c/p>\n\u003cp>These are the types of parental debates Dr. Matt Willis is navigating. He's the public health officer for Marin County. In some communities there, only half the kids are fully vaccinated.\u003c/p>\n\u003cp>His office is trying to figure out why. It did a survey and found a few common characteristics of today's parents who don't vaccinate.\u003c/p>\n\u003cp>\"A higher proportion are getting information from the Internet, and a higher number of the parents were seeing alternative medical providers,\" he says.\u003c/p>\n\u003cp>Willis has developed a list of talking points for each vaccine. He tells parents that there's no link between the measles vaccine and autism.\u003c/p>\n\u003cp>He says that polio is probably his toughest sell. The disease was eradicated from the United States in the late 1970s, so American parents today have no memory of how horrible the disease was. While the polio virus is not endemic to the U.S., he reminds parents that it still is in other parts of the world.\u003c/p>\n\u003cp>\"It's really just one plane ride away,\" he says.\u003c/p>\n\u003cp>Willis tell parents who want to delay some vaccines to think of them like a seat belt.\u003c/p>\n\u003cp>\"You could choose to put them in their safety belt as you leave your driveway and start driving, or you could choose to pull over 10 miles later and put it on,\" he says.\u003c/p>\n\u003cp>Willis is hoping California Gov. Jerry Brown will sign the bill prohibiting parents from opting out of vaccines for religious or personal beliefs. If passed, the law would take effect on Jan. 1, 2016.\u003c/p>\n\u003cp>\"It will certainly make my job a lot easier,\" he says, because controlling a disease outbreak is like fighting a fire. \"It's much easier to prevent a fire from happening in the first place than it is to try and extinguish it once it's spreading.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story is part of a reporting partnership with NPR, KQED and Kaiser Health News.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/42179/resistance-to-vaccines-has-long-history","authors":["3205"],"categories":["stateofhealth_11","stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_24949","label":"stateofhealth"},"stateofhealth_41751":{"type":"posts","id":"stateofhealth_41751","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"41751","score":null,"sort":[1435597258000]},"guestAuthors":[],"slug":"bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk","title":"California Ends Personal Belief Exemption for Vaccines","publishDate":1435597258,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>\u003cstrong>Update, June 30\u003c/strong>: Legislation ending personal belief exemptions for vaccines is now a done deal. Gov. Jerry Brown has signed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a> into law, and California now has one of the strictest mandatory vaccination laws in the nation. It also becomes the third state after Mississippi and West Virginia to disallow exemptions for religious reasons.\u003c/p>\n\u003cp>\"The science is clear that vaccines dramatically protect children against a number of infectious and dangerous diseases,\" Brown said in an accompanying \u003ca href=\"http://gov.ca.gov/docs/SB_277_Signing_Message.pdf\" target=\"_blank\">signing statement\u003c/a>. \"While it's true that no medical intervention is without risk, the evidence shows that immunization powerfully benefits and protects the community.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"8h6644X70B8IQ2kpxzDWXE8NITVr7Ta7\"]Passage of the law means that starting July 1, 2016, children will have to be vaccinated in order to attend public or private school. Those who opt out will have to be home-schooled or enroll in an independent study program off school grounds. Parents will still be able to secure a medical exemption from a health care provider, who can take into account family history in excusing kids from particular vaccinations -- one of the compromises the bill's authors made in order to get the bill passed.\u003c/p>\n\u003cp>The bill also contains language that would allow a certain amount of grandfathering for those who already have personal belief exemptions on file. Unvaccinated kids can stay unvaccinated and still remain in school until the next “grade span,” as long as their exemption is on file before Jan. 1, 2016. However, children with these exemptions will not be able to enter preschool, kindergarten or seventh grade, and will not be able to change schools, without the mandatory vaccinations.\u003c/p>\n\u003cp>Here are the required immunizations, as listed in the bill:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>(1) Diphtheria\u003cbr>\n(2) Haemophilus influenzae type b\u003cbr>\n(3) Measles\u003cbr>\n(4) Mumps\u003cbr>\n(5) Pertussis (whooping cough)\u003cbr>\n(6) Poliomyelitis\u003cbr>\n(7) Rubella\u003cbr>\n(8) Tetanus\u003cbr>\n(9) Hepatitis B\u003cbr>\n(10) Varicella (chickenpox)\u003cbr>\n(11) Any other disease deemed appropriate by the state Department of Public Health, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.\u003c/p>\n\u003cp>\u003cstrong>Ongoing Conflict Over Vaccines\u003c/strong>\u003c/p>\n\u003cp>A May \u003ca href=\"http://www.ppic.org/main/publication.asp?i=1153\" target=\"_blank\"> poll by the Public Policy Institute of California\u003c/a> found that 67 percent of Californians and 65 percent of public school parents think children should not be allowed to attend public school without getting vaccinated. Large majorities also said that childhood vaccines are generally safe.\u003c/p>\n\u003cp>Ninety percent of parents in California vaccinate their children, but there are pockets in the state where the rate of opting out is high. Marin County, for example, has the highest rate of personal belief exemptions in the Bay Area and among the highest in the state. Last school year, 6.45 percent of Marin’s kindergartners went unvaccinated by invoking the exemption.\u003c/p>\n\u003cp>Those who oppose mandatory vaccinations were vocal indeed as SB277 wended its way through the Legislature, holding multiple rallies at the state Capitol, getting ejected from committee hearings, and even \u003ca href=\"http://www.sacbee.com/news/politics-government/capitol-alert/article18533915.html\" target=\"_blank\">issuing threats\u003c/a> to the bill's backers. The legislation thus became a battleground in the ongoing conflict between those who urge everyone to get vaccinated — a group that includes the scientific and medical community — and those who think the decision should remain personal. Many in that category believe vaccines are responsible for the rising autism rate, a proposition that has never been proved in any way, shape or form but remains an article of faith among some in the anti-vaccine movement.\u003c/p>\n\u003cp>State Sen. Richard Pan (D-Sacramento), a physician, and Sen. Ben Allen (Santa Monica) introduced SB277 amid the measles outbreak that started in Disneyland last December and spread to at least half a dozen additional states. A total of 117 cases were associated with the outbreak, which was declared over on April 17 of this year.\u003c/p>\n\u003cp>Here is Gov. Brown's full \u003ca href=\"http://gov.ca.gov/docs/SB_277_Signing_Message.pdf\" target=\"_blank\">SB277 signing statement \u003c/a>today.\u003c/p>\n\u003cblockquote>\u003cp>To the Members of the California State Senate:\u003c/p>\n\u003cp>SB 277 has occasioned widespread interest and controversy -- with both proponents and opponents expressing their positions with eloquence and sincerity. After carefully reviewing the materials and arguments that have been presented, I have decided to sign this bill.\u003c/p>\n\u003cp>The science is clear that vaccines dramatically protect children against a number of infectious and dangerous diseases. While it's true that no medical intervention is without risk, the evidence shows that immunization powerfully benefits and protects the community.\u003c/p>\n\u003cp>The Legislature, after considerable debate, specifically amended SB 277, to exempt a child from immunizations whenver the child's physician concludes that there are \"circumstances, including but not limited to, family medical history, for which the physician does not recommend immunization...\"\u003c/p>\n\u003cp>Thus, SB 277, while requiring that school children be vaccinated, explicitly provides an exception when a physician believes that circumstances -- in the judgement and sound discretion of the physician -- so warrant.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>The state Senate this afternoon passed amendments to SB277, the bill that ends the vaccine personal belief exemption for schoolchildren. The vote was 23-14 on amendments added by the Assembly. The bill now moves to the desk of Gov. Jerry Brown.\u003c/p>\n\u003cp>The amendments included a provision to allow consideration of family history by physicians when they grant medical exemptions, and one to honor existing personal belief exemptions until children either reach kindergarten or seventh grade, whichever comes first.\u003c/p>\n\u003cp>Brown has not taken a position on the bill, but as noted on \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/california-budget-deal-explained-kqed-politics-podcast/\" target=\"_blank\">KQED’s California Politics Podcast\u003c/a>, some Capitol observers think the fact that his cabinet secretary, Dana Williamson, testified in support of SB277 at the Assembly’s Health Committee hearing was an indication he supported it, even though Williamson emphasized she was speaking on her own behalf.\u003c/p>\n\u003cp>In addition, the governor's staff has sent out statements that Brown “believes that vaccinations are profoundly important and a major public health benefit, and any bill that reaches his desk will be closely considered.”\u003c/p>\n\u003cp>But here's what the \u003ca href=\"http://www.mercurynews.com/health/ci_28380608/californias-vaccine-bill-state-assembly-passes-legislation-outlawing\" target=\"_blank\">San Jose Mercury News\u003c/a> wrote on Thursday:\u003c/p>\n\u003cblockquote>\u003cp>Many pundits are reluctant to predict what Brown will do.\u003cbr>\n\"The three great mysteries in life are the Holy Trinity, transubstantiation and Jerry Brown's mind,'' said Jack Pitney, a Claremont McKenna College political science professor who has studied Brown's decades-long political career.\u003c/p>\n\u003cp>The last time he endorsed a vaccine bill in 2012, the former Jesuit seminarian tweaked it to make it easier for Californians to claim religious exemptions. Will he be tempted to do that again -- and water down the current legislation?\u003c/p>\u003c/blockquote>\n\u003cp>That 2012 bill was AB2109, which requires parents who want an exemption for their children to submit a signed statement from a health care practitioner who has provided \"information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases.\"\u003c/p>\n\u003cp>Brown, however, \u003ca href=\"http://gov.ca.gov/docs/AB_2109_Signing_Message.pdf\">directed the California Department of Public Health\u003c/a> to allow for a religious exemption to the requirement.\u003c/p>\n\u003cp>UC Hastings law professor Dorit Rubinstein Reiss told the Mercury News that Brown \u003cspan id=\"mn_Global\">\u003cspan id=\"MNGiSection\">\"doesn't have the authority to make this sort of change on his own. ... If someone had taken him to court, that clause could have been ruled unconstitutional.\"\u003c/span>\u003c/span>\u003c/p>\n\u003cp>Barbara O'Connor, director emeritus of the Institute for the Study of Politics and Media at Sacramento State, said to the Merc that a religious exemption would prompt the legislative analyst to \"say that's not a minor modification -- it changes the totality of the law.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"If you allow people to get a religious exemption, then everyone who opposes the bill will get one,\" she told the Merc.\u003c/p>\n\n","blocks":[],"excerpt":"Gov. Jerry Brown says in signing statement: 'The science is clear.'","status":"publish","parent":0,"modified":1435702765,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1259},"headData":{"title":"California Ends Personal Belief Exemption for Vaccines | KQED","description":"Gov. Jerry Brown says in signing statement: 'The science is clear.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"41751 http://ww2.kqed.org/stateofhealth/?p=41751","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/06/29/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk/","disqusTitle":"California Ends Personal Belief Exemption for Vaccines","path":"/stateofhealth/41751/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, June 30\u003c/strong>: Legislation ending personal belief exemptions for vaccines is now a done deal. Gov. Jerry Brown has signed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a> into law, and California now has one of the strictest mandatory vaccination laws in the nation. It also becomes the third state after Mississippi and West Virginia to disallow exemptions for religious reasons.\u003c/p>\n\u003cp>\"The science is clear that vaccines dramatically protect children against a number of infectious and dangerous diseases,\" Brown said in an accompanying \u003ca href=\"http://gov.ca.gov/docs/SB_277_Signing_Message.pdf\" target=\"_blank\">signing statement\u003c/a>. \"While it's true that no medical intervention is without risk, the evidence shows that immunization powerfully benefits and protects the community.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>Passage of the law means that starting July 1, 2016, children will have to be vaccinated in order to attend public or private school. Those who opt out will have to be home-schooled or enroll in an independent study program off school grounds. Parents will still be able to secure a medical exemption from a health care provider, who can take into account family history in excusing kids from particular vaccinations -- one of the compromises the bill's authors made in order to get the bill passed.\u003c/p>\n\u003cp>The bill also contains language that would allow a certain amount of grandfathering for those who already have personal belief exemptions on file. Unvaccinated kids can stay unvaccinated and still remain in school until the next “grade span,” as long as their exemption is on file before Jan. 1, 2016. However, children with these exemptions will not be able to enter preschool, kindergarten or seventh grade, and will not be able to change schools, without the mandatory vaccinations.\u003c/p>\n\u003cp>Here are the required immunizations, as listed in the bill:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>(1) Diphtheria\u003cbr>\n(2) Haemophilus influenzae type b\u003cbr>\n(3) Measles\u003cbr>\n(4) Mumps\u003cbr>\n(5) Pertussis (whooping cough)\u003cbr>\n(6) Poliomyelitis\u003cbr>\n(7) Rubella\u003cbr>\n(8) Tetanus\u003cbr>\n(9) Hepatitis B\u003cbr>\n(10) Varicella (chickenpox)\u003cbr>\n(11) Any other disease deemed appropriate by the state Department of Public Health, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.\u003c/p>\n\u003cp>\u003cstrong>Ongoing Conflict Over Vaccines\u003c/strong>\u003c/p>\n\u003cp>A May \u003ca href=\"http://www.ppic.org/main/publication.asp?i=1153\" target=\"_blank\"> poll by the Public Policy Institute of California\u003c/a> found that 67 percent of Californians and 65 percent of public school parents think children should not be allowed to attend public school without getting vaccinated. Large majorities also said that childhood vaccines are generally safe.\u003c/p>\n\u003cp>Ninety percent of parents in California vaccinate their children, but there are pockets in the state where the rate of opting out is high. Marin County, for example, has the highest rate of personal belief exemptions in the Bay Area and among the highest in the state. Last school year, 6.45 percent of Marin’s kindergartners went unvaccinated by invoking the exemption.\u003c/p>\n\u003cp>Those who oppose mandatory vaccinations were vocal indeed as SB277 wended its way through the Legislature, holding multiple rallies at the state Capitol, getting ejected from committee hearings, and even \u003ca href=\"http://www.sacbee.com/news/politics-government/capitol-alert/article18533915.html\" target=\"_blank\">issuing threats\u003c/a> to the bill's backers. The legislation thus became a battleground in the ongoing conflict between those who urge everyone to get vaccinated — a group that includes the scientific and medical community — and those who think the decision should remain personal. Many in that category believe vaccines are responsible for the rising autism rate, a proposition that has never been proved in any way, shape or form but remains an article of faith among some in the anti-vaccine movement.\u003c/p>\n\u003cp>State Sen. Richard Pan (D-Sacramento), a physician, and Sen. Ben Allen (Santa Monica) introduced SB277 amid the measles outbreak that started in Disneyland last December and spread to at least half a dozen additional states. A total of 117 cases were associated with the outbreak, which was declared over on April 17 of this year.\u003c/p>\n\u003cp>Here is Gov. Brown's full \u003ca href=\"http://gov.ca.gov/docs/SB_277_Signing_Message.pdf\" target=\"_blank\">SB277 signing statement \u003c/a>today.\u003c/p>\n\u003cblockquote>\u003cp>To the Members of the California State Senate:\u003c/p>\n\u003cp>SB 277 has occasioned widespread interest and controversy -- with both proponents and opponents expressing their positions with eloquence and sincerity. After carefully reviewing the materials and arguments that have been presented, I have decided to sign this bill.\u003c/p>\n\u003cp>The science is clear that vaccines dramatically protect children against a number of infectious and dangerous diseases. While it's true that no medical intervention is without risk, the evidence shows that immunization powerfully benefits and protects the community.\u003c/p>\n\u003cp>The Legislature, after considerable debate, specifically amended SB 277, to exempt a child from immunizations whenver the child's physician concludes that there are \"circumstances, including but not limited to, family medical history, for which the physician does not recommend immunization...\"\u003c/p>\n\u003cp>Thus, SB 277, while requiring that school children be vaccinated, explicitly provides an exception when a physician believes that circumstances -- in the judgement and sound discretion of the physician -- so warrant.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>The state Senate this afternoon passed amendments to SB277, the bill that ends the vaccine personal belief exemption for schoolchildren. The vote was 23-14 on amendments added by the Assembly. The bill now moves to the desk of Gov. Jerry Brown.\u003c/p>\n\u003cp>The amendments included a provision to allow consideration of family history by physicians when they grant medical exemptions, and one to honor existing personal belief exemptions until children either reach kindergarten or seventh grade, whichever comes first.\u003c/p>\n\u003cp>Brown has not taken a position on the bill, but as noted on \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/california-budget-deal-explained-kqed-politics-podcast/\" target=\"_blank\">KQED’s California Politics Podcast\u003c/a>, some Capitol observers think the fact that his cabinet secretary, Dana Williamson, testified in support of SB277 at the Assembly’s Health Committee hearing was an indication he supported it, even though Williamson emphasized she was speaking on her own behalf.\u003c/p>\n\u003cp>In addition, the governor's staff has sent out statements that Brown “believes that vaccinations are profoundly important and a major public health benefit, and any bill that reaches his desk will be closely considered.”\u003c/p>\n\u003cp>But here's what the \u003ca href=\"http://www.mercurynews.com/health/ci_28380608/californias-vaccine-bill-state-assembly-passes-legislation-outlawing\" target=\"_blank\">San Jose Mercury News\u003c/a> wrote on Thursday:\u003c/p>\n\u003cblockquote>\u003cp>Many pundits are reluctant to predict what Brown will do.\u003cbr>\n\"The three great mysteries in life are the Holy Trinity, transubstantiation and Jerry Brown's mind,'' said Jack Pitney, a Claremont McKenna College political science professor who has studied Brown's decades-long political career.\u003c/p>\n\u003cp>The last time he endorsed a vaccine bill in 2012, the former Jesuit seminarian tweaked it to make it easier for Californians to claim religious exemptions. Will he be tempted to do that again -- and water down the current legislation?\u003c/p>\u003c/blockquote>\n\u003cp>That 2012 bill was AB2109, which requires parents who want an exemption for their children to submit a signed statement from a health care practitioner who has provided \"information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases.\"\u003c/p>\n\u003cp>Brown, however, \u003ca href=\"http://gov.ca.gov/docs/AB_2109_Signing_Message.pdf\">directed the California Department of Public Health\u003c/a> to allow for a religious exemption to the requirement.\u003c/p>\n\u003cp>UC Hastings law professor Dorit Rubinstein Reiss told the Mercury News that Brown \u003cspan id=\"mn_Global\">\u003cspan id=\"MNGiSection\">\"doesn't have the authority to make this sort of change on his own. ... If someone had taken him to court, that clause could have been ruled unconstitutional.\"\u003c/span>\u003c/span>\u003c/p>\n\u003cp>Barbara O'Connor, director emeritus of the Institute for the Study of Politics and Media at Sacramento State, said to the Merc that a religious exemption would prompt the legislative analyst to \"say that's not a minor modification -- it changes the totality of the law.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"If you allow people to get a religious exemption, then everyone who opposes the bill will get one,\" she told the Merc.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/41751/bill-ending-vaccine-exemptions-passes-california-senate-moves-to-governors-desk","authors":["80"],"categories":["stateofhealth_11","stateofhealth_14"],"tags":["stateofhealth_2400","stateofhealth_461","stateofhealth_31"],"featImg":"stateofhealth_27308","label":"stateofhealth"},"stateofhealth_40138":{"type":"posts","id":"stateofhealth_40138","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"40138","score":null,"sort":[1435271092000]},"guestAuthors":[],"slug":"vaccine-bill-kids-with-personal-belief-exemptions-could-stay-in-school-for-a-time","title":"Vaccine Bill: Kids With Existing Personal Belief Exemptions Could Stay in School -- For a Time","publishDate":1435271092,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>SB277, the law passed by the Assembly today, contains language that would allow a certain amount of grandfathering for those who already have personal belief exemptions. To wit, unvaccinated kids can \u003cem>stay\u003c/em> unvaccinated and still remain in school until the next \"grade span,\" as long as their exemption is on file before Jan. 1, 2016. That means children cannot enter preschool, kindergarten or seventh grade without their shots, but can continue to go to school between those junctures.\u003c/p>\n\u003cp>So an unvaccinated child who is in kindergarten, for example, could avoid getting immunized for seven years, until she reaches seventh grade.\u003c/p>\n\u003cp>Jodi Hicks, with the California Academy of Family Physicians, a supporter of the bill, said that if you changed schools, you might also have to prove your child has been vaccinated, no matter which grade you were in.\u003c/p>\n\u003cp>Hicks said the grandfathering was included so schools could implement the new requirements \"with as little disruption as possible,\" retaining all the current \"checkpoints\" at which vaccinations are currently verified.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.mercurynews.com/science/ci_28115461/bill-restricting-vaccine-exemptions-overwhelmingly-passes-state-senate\" target=\"_blank\">Mercury News\u003c/a> had this to stay about this aspect of the bill after it passed the Senate in May:\u003c/p>\n\u003cblockquote>\u003cp>(P)erhaps the most significant compromise was the authors' pledge to \"grandfather in\" many public and private school students whose parents have claimed personal belief exemptions. That would mean that more than 13,000 children who have had no vaccinations by first grade won't have to get their shots until they enter seventh grade. And nearly 10,000 seventh-graders who today aren't fully vaccinated may be able to avoid future shots because the state does not always require them after that grade.\u003c/p>\n\u003cp>The move was aimed at mollifying hundreds of angry California parents who have staged rallies and jammed hearing rooms, citing their concerns over vaccine side effects and asserting their parental rights.\u003c/p>\n\u003cp>\"By scaling back the bill's reach, their chance of success becomes much greater,\" said Dan Schnur, director of the University of Southern California's Unruh Institute of Politics.\u003c/p>\u003c/blockquote>\n\u003cp>Because the bill was amended in the Assembly, it now goes back to the Senate for another vote before it can be sent to Gov. Jerry Brown. The governor has not said directly that he would sign the bill, but there have been indications that he is at least leaning that way.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here's the exact language of the grandfathering section:\u003c/p>\n\u003cblockquote>\u003cp>A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span.\u003cbr>\n(2) For purposes of this subdivision, “grade span” means each of the following:\u003cbr>\n(A) Birth to preschool.\u003cbr>\n(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.\u003cbr>\n(C) Grades 7 to 12, inclusive.\u003cbr>\n(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section.\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":"Those with personal belief exemptions already on file would be grandfathered in until certain 'checkpoints.'","status":"publish","parent":0,"modified":1435275411,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":576},"headData":{"title":"Vaccine Bill: Kids With Existing Personal Belief Exemptions Could Stay in School -- For a Time | KQED","description":"Those with personal belief exemptions already on file would be grandfathered in until certain 'checkpoints.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"40138 http://ww2.kqed.org/stateofhealth/?p=40138","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/06/25/vaccine-bill-kids-with-personal-belief-exemptions-could-stay-in-school-for-a-time/","disqusTitle":"Vaccine Bill: Kids With Existing Personal Belief Exemptions Could Stay in School -- For a Time","path":"/stateofhealth/40138/vaccine-bill-kids-with-personal-belief-exemptions-could-stay-in-school-for-a-time","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>SB277, the law passed by the Assembly today, contains language that would allow a certain amount of grandfathering for those who already have personal belief exemptions. To wit, unvaccinated kids can \u003cem>stay\u003c/em> unvaccinated and still remain in school until the next \"grade span,\" as long as their exemption is on file before Jan. 1, 2016. That means children cannot enter preschool, kindergarten or seventh grade without their shots, but can continue to go to school between those junctures.\u003c/p>\n\u003cp>So an unvaccinated child who is in kindergarten, for example, could avoid getting immunized for seven years, until she reaches seventh grade.\u003c/p>\n\u003cp>Jodi Hicks, with the California Academy of Family Physicians, a supporter of the bill, said that if you changed schools, you might also have to prove your child has been vaccinated, no matter which grade you were in.\u003c/p>\n\u003cp>Hicks said the grandfathering was included so schools could implement the new requirements \"with as little disruption as possible,\" retaining all the current \"checkpoints\" at which vaccinations are currently verified.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.mercurynews.com/science/ci_28115461/bill-restricting-vaccine-exemptions-overwhelmingly-passes-state-senate\" target=\"_blank\">Mercury News\u003c/a> had this to stay about this aspect of the bill after it passed the Senate in May:\u003c/p>\n\u003cblockquote>\u003cp>(P)erhaps the most significant compromise was the authors' pledge to \"grandfather in\" many public and private school students whose parents have claimed personal belief exemptions. That would mean that more than 13,000 children who have had no vaccinations by first grade won't have to get their shots until they enter seventh grade. And nearly 10,000 seventh-graders who today aren't fully vaccinated may be able to avoid future shots because the state does not always require them after that grade.\u003c/p>\n\u003cp>The move was aimed at mollifying hundreds of angry California parents who have staged rallies and jammed hearing rooms, citing their concerns over vaccine side effects and asserting their parental rights.\u003c/p>\n\u003cp>\"By scaling back the bill's reach, their chance of success becomes much greater,\" said Dan Schnur, director of the University of Southern California's Unruh Institute of Politics.\u003c/p>\u003c/blockquote>\n\u003cp>Because the bill was amended in the Assembly, it now goes back to the Senate for another vote before it can be sent to Gov. Jerry Brown. The governor has not said directly that he would sign the bill, but there have been indications that he is at least leaning that way.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here's the exact language of the grandfathering section:\u003c/p>\n\u003cblockquote>\u003cp>A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span.\u003cbr>\n(2) For purposes of this subdivision, “grade span” means each of the following:\u003cbr>\n(A) Birth to preschool.\u003cbr>\n(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.\u003cbr>\n(C) Grades 7 to 12, inclusive.\u003cbr>\n(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/40138/vaccine-bill-kids-with-personal-belief-exemptions-could-stay-in-school-for-a-time","authors":["80"],"categories":["stateofhealth_11","stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_24949","label":"stateofhealth"},"stateofhealth_39692":{"type":"posts","id":"stateofhealth_39692","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"39692","score":null,"sort":[1435250918000]},"guestAuthors":[],"slug":"california-vaccine-exemption-bill","title":"California Assembly Votes to End Personal Belief Exemption for Vaccines","publishDate":1435250918,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>The state Assembly Thursday voted 46-30 to end California's personal belief exemption for vaccinating schoolchildren. The bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a>, now goes back to the Senate for a vote before it can be sent to the governor.\u003c/p>\n\u003cp>[contextly_sidebar id=\"1N1Ev5qBIHvvj01FW48IuCB9JdgyA2WC\"]The law would allows kids with existing personal belief exemptions to continue in school until their next \"grade span.\" That means those families can still rely on their exemptions until either entering preschool, kindergarten or seventh grade. Medical exemptions would also still be allowed.\u003c/p>\n\u003cp>The law, if signed, would go into effect Jan. 1, 2016. Starting July 1, 2016, students would need vaccinations to attend school.\u003c/p>\n\u003cp>Gov. Jerry Brown has not taken a position on the bill, but as noted on \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/california-budget-deal-explained-kqed-politics-podcast/\" target=\"_blank\">KQED’s California Politics Podcast last week\u003c/a>, some Capitol observers think the fact that his cabinet secretary, Dana Williamson, testified in support of SB277 at the Assembly’s Health Committee hearing was an indication of which way the wind is blowing, even though Williamson emphasized she was speaking on her own behalf.\u003c/p>\n\u003cp>\u003ca href=\"http://www.npr.org/sections/health-shots/2015/06/25/417489013/california-law-to-curtail-vaccine-exemptions-clears-hurdle\" target=\"_blank\">NPR is reporting\u003c/a> that a spokesman for Brown said via email that the governor \"believes that vaccinations are profoundly important and a major public health benefit and any bill that reaches his desk will be closely considered.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>One option for those opposing the bill, if it's signed, would be to try to undo it through a referendum. But that's easier said than done ...\u003c/p>\n\u003cp>https://twitter.com/johnmyers/status/614134251777339392\u003c/p>\n\u003cp>State Sen. Richard Pan (D-Sacramento), a physician and co-author of the bill, lauded its passage. \"Many of my colleagues have been under a lot of pressure because of the vociferousness of the opposition,\" he told KQED's April Dembosky. \"But when you look at the science and the facts, it's very clear this bill is what we need to do to make sure we protect our communities, protect our children from communicable disease.\"\u003c/p>\n\u003cp>The debate over the bill became a major battleground in the ongoing conflict between those who urge everyone to get vaccinated -- a group that includes the scientific and medical community -- and those who think the decision should remain personal. Many in that category believe vaccines are responsible for the rising autism rate, a proposition that has never been proved but remains an article of faith among some in the anti-vaccine movement.\u003c/p>\n\u003cp>The legislation gained steam in the wake of the measles outbreak that started in Disneyland last December and spread to at least half a dozen additional states. A total of \u003ca href=\"http://www.cdc.gov/measles/cases-outbreaks.html\" target=\"_blank\">117 cases\u003c/a> were associated with the outbreak, which was declared over on April 17 of this year.\u003c/p>\n\u003cp>Ninety percent of parents in California vaccinate their children, but there are pockets in the state where the rate of opting out is high. Marin County, for example, has the \u003ca href=\"http://ww2.kqed.org/news/2013/08/21/marin-vaccinations/\" target=\"_blank\">highest rate of personal belief exemptions in the Bay Area\u003c/a> and among the highest in the state. Last school year, 6.45 percent of Marin’s kindergartners went unvaccinated by invoking it.\u003c/p>\n\u003cp>One Marin family who had no choice but to leave their child unvaccinated during the measles scare is the Krawitts. Their 6-year-old son, Rhett, was in remission from leukemia, but his immune system was still too weak to tolerate vaccination; he had to rely on \u003ca href=\"http://ww2.kqed.org/stateofhealth/2013/08/23/5-things-you-should-know-about-vaccines/\" target=\"_blank\">herd immunity\u003c/a>, a state of protection for even unvaccinated individuals resulting from immunization by enough of the surrounding population. After Carl Krawitt spoke out against those who voluntarily opt out of vaccination, Rhett became a sort of poster child for people with compromised immune systems put at greater risk from a decrease in the vaccination rate.\u003c/p>\n\u003cp>Yesterday in Sacramento, Rhett \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/23/boy-leukemia-patient-weighs-in-as-vote-on-vaccine-bill-nears/\" target=\"_blank\">delivered a petition to the governor\u003c/a>, with more than 32,000 signatures, in support of SB277.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>April Dembosky and Lisa Aliferis contributed to this post.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The bill would end the exemption for schoolchildren.","status":"publish","parent":0,"modified":1435334835,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":642},"headData":{"title":"California Assembly Votes to End Personal Belief Exemption for Vaccines | KQED","description":"The bill would end the exemption for schoolchildren.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"39692 http://ww2.kqed.org/stateofhealth/?p=39692","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/06/25/california-vaccine-exemption-bill/","disqusTitle":"California Assembly Votes to End Personal Belief Exemption for Vaccines","path":"/stateofhealth/39692/california-vaccine-exemption-bill","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The state Assembly Thursday voted 46-30 to end California's personal belief exemption for vaccinating schoolchildren. The bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277\" target=\"_blank\">SB277\u003c/a>, now goes back to the Senate for a vote before it can be sent to the governor.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>The law would allows kids with existing personal belief exemptions to continue in school until their next \"grade span.\" That means those families can still rely on their exemptions until either entering preschool, kindergarten or seventh grade. Medical exemptions would also still be allowed.\u003c/p>\n\u003cp>The law, if signed, would go into effect Jan. 1, 2016. Starting July 1, 2016, students would need vaccinations to attend school.\u003c/p>\n\u003cp>Gov. Jerry Brown has not taken a position on the bill, but as noted on \u003ca href=\"http://ww2.kqed.org/news/2015/06/19/california-budget-deal-explained-kqed-politics-podcast/\" target=\"_blank\">KQED’s California Politics Podcast last week\u003c/a>, some Capitol observers think the fact that his cabinet secretary, Dana Williamson, testified in support of SB277 at the Assembly’s Health Committee hearing was an indication of which way the wind is blowing, even though Williamson emphasized she was speaking on her own behalf.\u003c/p>\n\u003cp>\u003ca href=\"http://www.npr.org/sections/health-shots/2015/06/25/417489013/california-law-to-curtail-vaccine-exemptions-clears-hurdle\" target=\"_blank\">NPR is reporting\u003c/a> that a spokesman for Brown said via email that the governor \"believes that vaccinations are profoundly important and a major public health benefit and any bill that reaches his desk will be closely considered.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One option for those opposing the bill, if it's signed, would be to try to undo it through a referendum. But that's easier said than done ...\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"614134251777339392"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>State Sen. Richard Pan (D-Sacramento), a physician and co-author of the bill, lauded its passage. \"Many of my colleagues have been under a lot of pressure because of the vociferousness of the opposition,\" he told KQED's April Dembosky. \"But when you look at the science and the facts, it's very clear this bill is what we need to do to make sure we protect our communities, protect our children from communicable disease.\"\u003c/p>\n\u003cp>The debate over the bill became a major battleground in the ongoing conflict between those who urge everyone to get vaccinated -- a group that includes the scientific and medical community -- and those who think the decision should remain personal. Many in that category believe vaccines are responsible for the rising autism rate, a proposition that has never been proved but remains an article of faith among some in the anti-vaccine movement.\u003c/p>\n\u003cp>The legislation gained steam in the wake of the measles outbreak that started in Disneyland last December and spread to at least half a dozen additional states. A total of \u003ca href=\"http://www.cdc.gov/measles/cases-outbreaks.html\" target=\"_blank\">117 cases\u003c/a> were associated with the outbreak, which was declared over on April 17 of this year.\u003c/p>\n\u003cp>Ninety percent of parents in California vaccinate their children, but there are pockets in the state where the rate of opting out is high. Marin County, for example, has the \u003ca href=\"http://ww2.kqed.org/news/2013/08/21/marin-vaccinations/\" target=\"_blank\">highest rate of personal belief exemptions in the Bay Area\u003c/a> and among the highest in the state. Last school year, 6.45 percent of Marin’s kindergartners went unvaccinated by invoking it.\u003c/p>\n\u003cp>One Marin family who had no choice but to leave their child unvaccinated during the measles scare is the Krawitts. Their 6-year-old son, Rhett, was in remission from leukemia, but his immune system was still too weak to tolerate vaccination; he had to rely on \u003ca href=\"http://ww2.kqed.org/stateofhealth/2013/08/23/5-things-you-should-know-about-vaccines/\" target=\"_blank\">herd immunity\u003c/a>, a state of protection for even unvaccinated individuals resulting from immunization by enough of the surrounding population. After Carl Krawitt spoke out against those who voluntarily opt out of vaccination, Rhett became a sort of poster child for people with compromised immune systems put at greater risk from a decrease in the vaccination rate.\u003c/p>\n\u003cp>Yesterday in Sacramento, Rhett \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/23/boy-leukemia-patient-weighs-in-as-vote-on-vaccine-bill-nears/\" target=\"_blank\">delivered a petition to the governor\u003c/a>, with more than 32,000 signatures, in support of SB277.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>April Dembosky and Lisa Aliferis contributed to this post.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/39692/california-vaccine-exemption-bill","authors":["80"],"categories":["stateofhealth_11","stateofhealth_14","stateofhealth_13"],"tags":["stateofhealth_2400","stateofhealth_31"],"featImg":"stateofhealth_26567","label":"stateofhealth"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Consider-This-Podcast-Tile-703x703-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. 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