refusal to accept exemption. FL

[perstephone]

We have a religious exemption for my son, who was supposed to start at an inclusive preschool tomorrow. I stopped at the school today to drop off paperwork, one sheet of which was our exemption. I was ushered into the director's office and told that 'they don't accept religious exemptions'. That they were a church school, and their committee voted on not accepting the exemption. Now, from my reading on the subject, they can't do that; even if they are a private church school, and even if they don't accept any state funds- they have to take the exemption.

So, I'm left with a few options. First, and least combative, I could just let it go. Let it go and find a new school for fall, because it's really late in the year to try and get in someplace now.
A little more forceful, but still within the bounds of polite... I could call their attention to the fact that it's illegal to not accept the exemption. Maybe they would just say, ok, come on in, then. No problem. I find this scenario highly unlikely, but it would at least get my kid into the school without too many hard feelings, unlike option 3-
Threaten legal action. Either with the end result of my child being enrolled (starting off on a really bad foot) or not (just for the principle of the thing).

Anyone have any experience with this sort of thing that would be helpful? Am I at least correct in thinking that they do have to accept him? I could use some help.
Thanks.

[Gitti]

It is my understanding that if they accept any state funding they must adhere to the state law.

I guess I would ask them to show me the law and where it states that they can just vote to supersede that.

[perstephone]

I am not sure, but it seems feasible to me that they do NOT accept any state funds. It is a church school. Am I wrong to think that they still must adhere to laws governing the acceptance of the exemption?

[moondiapers]

Originally Posted by perstephone

I am not sure, but it seems feasible to me that they do NOT accept any state funds. It is a church school. Am I wrong to think that they still must adhere to laws governing the acceptance of the exemption?

It depends on your state. Here they would be discriminating and that's illegal.

[RiverSky]

Hmmm....interesting.... I really don't know for certain, but perhaps you can
find some contact information at this website, so you can find someone
to call. If I were you, I'd call anonymously first, just to find out.

http://www.doh.state.fl.us/disease_c...inical/faq.htm

[RiverSky]

Wait, I did find this:

http://www.know-vaccines.org/exemptionFAQ.html

Q: Can a preschool or day-care refuse my religious exemption? No. The vaccination regulations for child care facilities, family day care homes, and preschools are provided for by law in Florida statutes 402.305 and 402.313. As in the case of K-12 public and private schools, the role of child/home care and preschool facilities in vaccine compliance is limited to record keeping. The requirements for proof of vaccination are predicated on the vaccination standards already set forth in Florida statute 1003.22, which provides for a religious exemption.

Day care facilities and other pre-schools act as agents of the state and assume the same record-keeping responsibilities that Florida statute 1003.22 stipulates K-12 public and private schools must satisfy. Thus, day care and pre-schools are bound by the same covenants and provisions of Florida statute 1003.22 as are K-12 public and private schools.

Perhaps you can print that off, and show it to your preschool?

[Emmeline II]

Originally Posted by RiverSky

Wait, I did find this:

http://www.know-vaccines.org/exemptionFAQ.html

Perhaps you can print that off, and show it to your preschool?

More important is the Question under it:
Q: Can private schools refuse my child's religious exemption or question my sincere religious conflict with vaccination? No.

"Florida law mandates the perameters of private school vaccination policies and mandates that they be consistent with the public school policies. In relevant part, Florida Statute Section 1003.22 (4) and (5) states:"

Each district school board and the governing authority of each private school shall establish and enforce as policy that, prior to admittance to or attendance in a public or private school, grades kindergarten through 12, each child present or have on file with the school a certification of immunization. . . required by the Department of Health Such certification shall be made on forms approved and provided by the Department of Health. . . The provisions of this section shall not apply if: . . . The parent of the child objects in writing that the administration of immunizing agents conflicts with he or her religious tenets or practices.

I would print out the codes referenced, take it to the school with my exemption, and tell them sweetly that the committee must not have read the state law governing private schools and exemptions.

[perstephone]

I'm finding the same- that this is under no circumstances acceptable, even for a church school that does not accept state funds.
I will be calling in the morning with the information here, which I already have in a .doc, so I can print it as needed. Hopefully, it will be all that is needed to remedy the situation with little pressure.
Unfortunately, I am worried that as the -only- unvaxxed kiddo there he'll be treated differently. If it takes too much pushing, I don't want to put him in a situation where he isn't welcomed, you know? So I may be fighting this battle and still need to find a different preschool anyhow.

What a pain in my behind. This school is supposed to be fantastic as far as inclusive preschools go- all of our early intervention therapists have nothing but good things to say about their program. Doesn't do us any good, though, if we can't get in.

[Emmeline II]

Originally Posted by perstephone

What a pain in my behind. This school is supposed to be fantastic as far as inclusive preschools go- all of our early intervention therapists have nothing but good things to say about their program. Doesn't do us any good, though, if we can't get in.

They may just be unaware of the law (I'd approach it that way in any case); how many people think that you will go to jail if you don't vax?

[mysticmomma]

The schools do not have to accept state funds to be required to accept exemptions. Rather it is the fact that they are accredited by the state or county DOE.

[GutInstinct]

Wow! We're in Florida, so this will come in handy in a couple years. (I know a good FL licensed attorney, so if you need him to write you a letter to make this more official, just let me know!)

Go, mama! Fight and don't back down! Keep us posted on the outcome.

[Electra375]

I think you will find they are within their rights. A handful of church schools here specify in their handbook they do not accept the exemptions and the go on to say in their religious view point why. They also do not have non-descrimination practices in place. They reserve the right to accept who they want and not accept who they do not want, a few even go so far to say you must be members of their congregations or attend 1 of their services weekly.

I'm sorry you didn't ask the question about the exemption from the get go. It was the first thing I asked b/c I was not going to waste my energy on finding a school to turn around and be told nope we don't accept exemptions.

[perstephone]

Unfortunately, I think Electra is right. I have a response from the county child care licensing agency that says that:
"Child Care licensing regulations allow a child who has a religious exemption for vaccination to be enrolled in a child care facility. However, it does not require that they enroll the child. The child care centers are independent operators and while they must meet the standards they can exceed them in any area including the enrollment of children. I hope that answers your question."

I'm still waiting on a response from the state, but the school is not accredited and fully funded by the church. I'm betting they are within their rights to not accept whomever they please.

Just fyi, the state statutes that I thought pertained here are these:
402.3059(a) and 402.3059(c)

(9) ADMISSIONS AND RECORDKEEPING.--

(a) Minimum standards shall include requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children.

(c) Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards.

[perstephone]

I just wanted to follow up, again, as I just received an email from the state's Immunization Bureau. It contradicts what the county said, so clearly this is a gray area. Just in case it helps anyone else, though, I wanted to share it.

This message is in response to your e-mail of March 31, 2009, regarding entry and attendance at a church-based preschool facility. Thank you for contacting the Bureau of Immunization.

I do not think that a privately-owned preschool or childcare facility is required to accept every child that might apply. It could be that there is an enrollment cap or a teacher to child ratio that would impact acceptance. As you stated, once accepted to attend a childcare facility or a school, a child must have either the Florida Certification of Immunization (Form 680) or the Religious Exemption from Immunization (Form 681). The DH 681 form is issued only by county health departments and only for a child who is not immunized because of his/her family’s religious tenets or practices. The DH 680 form can be issued by many healthcare providers, based on the immunization status of each child. Childcare facilities are regulated by the Department of Children and Families. I recommend that you contact the office in your area for more details. Contact information is located at: http://www.dcf.state.fl.us/admin/dcfcontacts.shtml .

:bolding is mine

[mysticmomma]

So, he was accepted and then when you gave them the exemption they kicked you out?

[perstephone]

Yep. The day before our start date.

[kiara7]

Well, the state trumps the county. So, the church daycare is discriminating on religious grounds.

What's your plan?

[perstephone]

Heh. Haven't decided yet.
Regardless of whether or not my son attends their school, I will be personally delivering the statutes and the full email I received (bold and highlighted relevant parts) to share the information.

Now, as far as sending my kid there? Don't know.
We have a second choice backup, which is better on some things, worse on some others. It's a tossup, really, so I have to decide what I'm doing with my son before I go starting battles, you know? Makes a difference in how my approach would be.

[mamakay]

I've never heard of a parent "winning" on the exemption issue against a 100% private school.

[perstephone]

Well, I guess we'll see. I went by this morning and requested that they present the Immunization Bureau's stance to their committee. Ball's in their court, now, and I was told that they would have a response by the end of the month.

According to the asst. director, the committee is made up of 'medical professionals and attorneys and other church members'. That doesn't bother me... much. I'm not trying to convince them I'm right regarding immunization, but of the legality of accepting a waiver.