Advice about exemptions in NYS

[Ruthla]

After several years of homeschooling, DD2 wants to attend public school next year.She was "fully vaccinated" in time for kindergarten. I just checked the NYS vaccine requirements, and she has all that she "needs", except for one: the DTaP booster, required for grades 6-8 (she's going into 8th grade.) It was only listed for 6th grade the year it was introduced (the year she was in 6th grade) and I'd hoped to avoid it by keeping her out of school for 6th grade, but no dice. They seem to be adding a grade per year, just not making the older kids (who were 7th grade or above when the requirement went into effect) out of it. At least my older daughter just missed the
requirment.

This child already has possible ADD, which is why I was homeschooling her in the first place (she was unable to learn in a school environment.) Now that she's matured enough to attempt school again, I am not willing to give her this or any other vaccine which might damage her ability to learn in school- and certainly not for the sake of school attendence itself!

So what's the best way to proceed? I know I'll need to provide an exemption form since I won't be giving her any new vaccines, but should I give the school her old vaccine records anyway? The last vaccine she received was in 2001.

[Apple Girl]

First - can you get her Dr. to write a medical exemption for her?

If not, then in NY you will need to claim a religious exemption. No need to tell them about her previous vaxes. The school may ask you to sign a personal statement explaining why the process of vaccination is against your religion. If they find out about the old vaxes, simply tell them that you underwent a conversion, and have not vaccinated since that point (in 2001).

Unfortunately, unless they pass A00883/S2338, the interpretation of "sincere and genuine" religious beliefs is up for question, and it varies quite a bit from one school system to another in how easy it is to obtain a religious exemption.

[xmasbaby7]

I almost wonder if in this specific case if it isn't easier to see if you can find a physician willing to write a medical exemption for this one booster. Even if you presented yourself as one who would later suggest the booster before college, but that you didn't want to exacerbate her system and symptoms at "this crossroads in her education" it could work. Trying to make you more mainstrean is much less affronting to your average physician that resisting the herd.

[Ruthla]

I don't think her ped would write an exemption for her, for a number of reasons. For one, she's never had an 'official" diagnosis of ADD. For another, I'm not sure there's enough "legitimate medical research" connecting DTaP with ADD- certainly not enough to convince my fairly mainstream (yet very respectful) doctor.

And, thirdly, this might create even more problems when my son is ready for 6th grade.I don't want him to have that booster either!

Convincing the school that I'm "really religious" shouldn't be too difficult- I cover my hair full time and only wear skirts and long sleeves, as do my daughters. I've lived in the district 4 years and this is the first time I'm using the public school system- up until now, my kids have been in Jewish schools and/or homeschooled.

Do I need a special "religious exemption" form that I can download somewhere?

[Jugs]

http://emsc33.nysed.gov/sss/HealthSe...ormmarch10.pdf

[Ruthla]

Thank you!

[Apple Girl]

Just to add - when we were enrolling DS in preschool, on their medical history form, they had a box to check that said something along the lines of: We are not immunizing our child for religious reasons. No further explanation was required. I really stressed about it ahead of time, when in truth it was a 30 second fix. So, before filling out that form, I would check and see what forms the school wants you to fill out, and if there is any space for religious exemption there. If there is not, and it is the standard list of what-when vaxes, I would go the route of filling out the form on the website given above.

Good luck!

[Emmeline II]

I would not submit her previous record unless they are actually trying to exclude her in an outbreak, though if NY has a mandatory registry this may be a moot point.

Your religious beliefs can change, so you can exempt a previously vaxed child. You could also pretend your child is not vaxed to make life easier.


Some states, like NY(contact Gary Krasner for help -- On the NYS form they request that your letter:

-explains why are you are requesting the exemption
-describes the religious principles that guide your objection to vaxes
-indicates whether you are opposed to all vaxes, and if not, why you are opposed to some vaxes but not others

As long as your letter covered those 3 points then they shouldn't ask for any "supporting evidence".)


and NJ allow the state to question the sincerity of your beliefs; the following is VERY important.



-For a religious exemption you need to be "against the practice of vaccination". If you give your reasons to be against vaccinations as:

"I'm against vaccination because they use aborted fetal cells" - This is a philosophical reason.

"I'm against pre-marital sex and some vaxes are for sexually transmitted diseases." This is a philosophical reason.

Again, you have to be against the the practice of vaccination. For a more through explanation of why this is read the Wexler decision below.

-Also, you DO NOT have to be a member of a religion doctrinally opposed to vaccination. You can be Wiccan, Lutheran, Catholic, Jewish, church of the flip flops, and still claim a religious exemption do to your personal religious beliefs against the practice of vaccination. Dr. Mercola does a good job of explaining this in my Religious Exemptions link below (you may have to register to read it).

-One more thing, you do not want to include specific biblical verses as your interpretation could be challenged. You need to describe your personal religious beliefs.


-Require that all questions regarding your exemption be in writing and give answers in writing. Do not give verbal responses.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Religious Exemptions

The Wexler Decision

To find out what exemptions are offered by your state (for school and such) check here:
http://www.nvic.org/state-site/state-exemptions.htm
http://www.novaccine.com/law-exemptions/


All states except West Virginia and Mississippi offer religious and/or philosophical exemptions, and the supreme court ruled that you do not have to belong to a non-vaxing religion or have clergy sign your religious exemption. Exemptions can be submitted in lieu of vaccination records (I would do it this way).

State mandatory vaccination laws have their roots in the 1905 U.S. Supreme Court decision, Jacobsen v Massachusetts. A Swedish Lutheran pastor, Reverend Henning Jacobsen and his son objected to a law requiring revaccination with smallpox vaccine because they had suffered severe reactions to the first vaccination. The nine Supreme Court justices at the turn of the century denied Jacobsen and his lawyers the right to present scientific evidence for harm caused by the smallpox vaccine, preferring to believe the lawyers representing public health officials who convinced them that doctors could predict ahead of time who would be injured by vaccination.

100wds.



A US Federal Court ruling (binding on NY only) that determined that you do not have to belong to a particular religion to use a religious exemption is:
Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81, 89-90 (E.D. N.Y. 1987)
http://www.vaclib.org/exempt/consent.htm

http://www.cdc.gov/vaccines/vac-gen/...es_chptr13.htm

Sample Religious Exemption Letter(change the state law reference):

Quote:
To whom it may concern;



(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002), to receive Religious Exemption from Vaccination, ALL injections, prophylaxis, & testing due to our genuine and sincere religious beliefs which are contrary to the practices herein required.

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.


Sincerely,

Your signature.
Date

[Ruthla]

Originally Posted by Apple Girl

Just to add - when we were enrolling DS in preschool, on their medical history form, they had a box to check that said something along the lines of: We are not immunizing our child for religious reasons. No further explanation was required. I really stressed about it ahead of time, when in truth it was a 30 second fix. So, before filling out that form, I would check and see what forms the school wants you to fill out, and if there is any space for religious exemption there. If there is not, and it is the standard list of what-when vaxes, I would go the route of filling out the form on the website given above.

Good luck!

Yeah, but preschools are less likely to be strict about this stuff than a public middle school. I'd rather walk into the school district office with ALL the paperwork I need, already notorized, and not have to go back and forth bringing them more papers. I think that if I walk in there with an official form, already notarized, they'll just file it in the place of "vax records" and we'll be on our way.

I just realized that, while I "subscribed" to this thread so I woudln't lose it, I didn't write down any of the other information I needed to sign her up for school. I think it was "proof of residency" and her birth certificate, but I'm not positive. They did tell me that I needed to sign her up with the district (in one office) and then at the middle school itself, but I think I'll need to call and double check all that, since she's already in the district's records as a home schooler, and before that for private school transportation and textbooks.

Sigh. I hate paperwork.

Ok, now that I'm looking over the form in more detail, I have a few more questions about how to fill it in. The form states:

In the area provided below, please write your statement. The statement must address all of the following elements:
• Explain in your own words why you are requesting this religious exemption.
• Describe the religious principles that guide your objection to immunization.
• Indicate whether you are opposed to all immunizations, and if not, the religious basis that prohibits particular immunizations.

Any advice on how EXACTLY to phrase the exemption?

"I don't want to shoot my kid up with poison just so she can go to school with her best friend" probably isn't going to fly.

[BAU3]

Here's my exemption letter

http://www.mothering.com/discussions...07&highlights=