California SB277 Law and Vaccination Requirements
Now that SB 277 Is In Effect as of 7/1/16: Only a medical exemption is allowed in California for school aged children.
Bill Text – SB-277 Public health: Vaccinations. http://ow.ly/W0DNu
(g) (1) states:
“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.”
New Legislation In California – SB277 as of June 30, 2015, effective July 1, 2016:
- Click for the current CDC Vaccination Schedule for Children
- There are 10 diseases, 21 shots, 36 doses required for kindergarten entrance under the new law.
- The schedule you give these on is up to you, but you have to have them for entrance into Kindergarten.
- If you do not, then there is a catch up schedule that the department of public health expects you to follow that will get your child caught up within about a year.
- Senate Bill 277 removes a parent’s right to omit or delay the required vaccines for reasons of personal belief.
- The medical exemption will remain but those are very difficult to obtain.
What the California SB 277 Does and Does Not Do
The new law eliminating the personal belief vaccine exemption is a significant change to current vaccine exemption law and will have a profound impact on families who have chosen to delay or decline one or more vaccines for their children and want their children to have a public or private school education. Naturally, families in California are concerned and confused about how and when the new law will affect them. To help clear up some of this confusion, following is an outline of provisions in the new law and NVIC’s perspective on best options for actions that California families can take to restore the personal belief vaccine exemption for school attendance.
In summary, here is what SB 277 does and doesn’t do:
- SB 277 went into effect until July 1, 2016.
- SB 277 removes the personal belief exemption from statute for government mandated vaccines required for children to attend elementary, middle and high school public and private schools, child care centers, day nurseries, and nursery schools.
- SB 277 applies to state mandated vaccines for diphtheria, Hib, Measles, Mumps, Pertussis, Polio, Rubella, Tetanus, Hepatitis B (except for 7th grade and up), Varicella and “any other disease deemed appropriate by the department.”
- SB 277 does not require home school students or students who do not receive classroom-based instruction to be vaccinated.
- SB 277 does not prohibit a student who qualifies for an Individualized Educational Program from accessing any special education and related services required by his/her IEP.
- SB 277 provides for a limited grandfathering of students who submit a personal belief exemption affidavit to the school prior to January 1, 2016 to continue attending public or private school after July 1st, 2016 until they enroll in the next “grade span.” The three grade spans are defined as birth to preschool, kindergarten to sixth grade, and grades 7 through 12.
- SB 277 still allows for a medical exemption and defines a medical exemption as follows: “If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement.”