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Just got into a fight with the school nurse..new update post 107,I WON! - Page 5

post #81 of 131
Hi there -- I was just hoping for an update. Did they ever back off?
post #82 of 131
Thread Starter 
They haven't bothered me since the nurse said something,so I'm just letting it go for now.Hopefully it stays this way.The school department has absolutely no money,they're cutting things left and right,so I don't think they really want to get their lawyers involved in this.
post #83 of 131
Quote:
Originally Posted by muldey View Post
They haven't bothered me since the nurse said something,so I'm just letting it go for now.Hopefully it stays this way.The school department has absolutely no money,they're cutting things left and right,so I don't think they really want to get their lawyers involved in this.
post #84 of 131
Glad to hear it! I hope they've just let it rest. So absurd!
post #85 of 131
Thread Starter 
Well I recieved a letter from the principal.He's still insisting on a letter from a pastor.He's directed the matter to the Director of Instruction and Administration.I'm contacting the ACLU,just have to make my copies and off goes the application,hopefully they'll help me.I hate this school dept!

Just got off the phone with the director of Instruction.He says my dd cannot go to school at all.Even though I am actively fighting this.So he is denying my dd an education!This just fing sucks.I just called the lawyer referal service and got the name of a lawyer that works on a sliding fee scale,so hopefully she can help.I just want to cry so bad right now.My anxiety is through the roof.My chest is so tight right now.
post #86 of 131
I can't believe this is still going on.
post #87 of 131
Thread Starter 
Me either.It's just ridiculous.He also said they will win in court,that the city has a right to do this. And he's denying my dd an education.Enter here.
post #88 of 131
Quote:
Originally Posted by muldey View Post
Me either.It's just ridiculous.He also said they will win in court,that the city has a right to do this. And he's denying my dd an education.Enter here.
The law is on your side. This guy is WRONG WRONG WRONG and I hope you sue his ass. You will win. There is really no disputing the written law. Who does this guy think he is?? I hope you can find a lawyer to help you. HUGS
post #89 of 131
You're my hero. I homeschool, so I really don't have to deal with that, but to take injustices head on with a lawyer instead of taking the easy way out....that's wonderful. I hope it gets worked out. What are you going to do with your child in the meantime?
post #90 of 131
Hugs mama. That guy is horrible and wrong as can be. I cannot believe it! ACLU is a step I'd take too, and maybe even media if I had to. Can you talk to the school board or district school management, I mean someone higher up in the school district than this UAV violation of principal?

You are in RI, right? See page 11: http://www2.sec.state.ri.us/dar/regd...f/DOH/5526.pdf
The state law trumps anything that a local school district is trying to pull. They cannot change the state law. Oh please call your local representative for your district too for help. The school is blatantly ignoring state law.
post #91 of 131
You could also try contacting your state attorney general.
post #92 of 131
http://www.health.ri.gov/requirement...Exemptions.pdf

This is updated as of April 2010. Look at page 5 under geneal reccomendations. It says the bring the parent in for an "educational interview session" and then basically after they make their speil, have the parent sign the form. Period. Have you shoed these things to the principle if so what does he say?
post #93 of 131
Did you fill out the form the school is required to provide you? (under the requirements heading below). What is this guy thinking? He does not get to create his own law. Perhaps you could call the department of health and ask them to conduct an "information" session with the principle.

Quote:
http://www.health.ri.gov/immunization/for/schools/index.php


Immunization Information for Schools

In Rhode Island, all students entering public or private preschools, elementary, middle, or high schools must have required immunizations. The school-entry requirements are based on national recommendations from the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and on input from Rhode Island’ s medical community.
Requirements

School Immunization Exemptions

Rhode Island regulation allows for exemption from immunization requirements for documented temporary, medical, or religious reasons. Exemption forms must be ordered by school medical staff.
post #94 of 131
Thread Starter 
Well I talked to the attorney general's office.They directed me to the commisioner of education.He was very nice and said he was going to work on this.The school commitee president was also very nice.They are going to bring it up at the next meeting,which I am going to attend if I can.I am so nervous about that though.I don't know what to say if they ask my religious reasons,just that I am religiously apposed to the practice of vaccination.I don't know how to put it into words,yk?

I did fill out the form,had a heck of a time getting it from the nurse last year.Thankfully she is retired!The new nurse seems very nice,but we'll see.Thanks everyone!My anxiety is still through the roof but I'm feeling a little better.
post #95 of 131
Many hugs and cyber support from me!

I'm glad you've got some powerful people involved on your behalf. Hang in there, mama! Don't let the man get you down!
post #96 of 131
Quote:
Originally Posted by muldey View Post
Well I talked to the attorney general's office.They directed me to the commisioner of education.He was very nice and said he was going to work on this.The school commitee president was also very nice.They are going to bring it up at the next meeting,which I am going to attend if I can.I am so nervous about that though.I don't know what to say if they ask my religious reasons,just that I am religiously apposed to the practice of vaccination.I don't know how to put it into words,yk?

I did fill out the form,had a heck of a time getting it from the nurse last year.Thankfully she is retired!The new nurse seems very nice,but we'll see.Thanks everyone!My anxiety is still through the roof but I'm feeling a little better.
I focus on the fact that you have complied with RI law and you expect the principle to do the same. There is a form, you filled it out. There is nothing in the law or on the form that requires a clergy signature or that give the principle the authority to alter the law.

You may want to contact Gary Krasner's organization, different state but you may get helpful advice.

"Just say that you believe God (I personally prefer the Universe, but it's best just to conform to the typical Judeo-Christian thing for the sake of getting it done) created us perfect and you believe that it is wrong and arrogant to believe we can improve upon God's perfect creation. Therefore, it would be a violation of your religious principle's to vaccinate your perfectly healthy children."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


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.



How to Legally Avoid Vaccinations

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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/Vaccine-Laws/sta...uirements.aspx

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).



School Exemptions - Public, Private, Homeschools


Whether or not state exemption laws apply to private schools and homeschools is dependent on the specific wording of each state's law. For example, in 2006, the Texas State Attorney General issued a formal opinion concluding that Texas law does not require private schools to accept religious exemptions unless the school receives state funding. This is in contrast to North Carolina as its religious exemption law does apply to all private schools. This opinion letter is a few years old, but it may help you interpret the language of your state laws regarding exemptions and whether or not private schools need to accept them. Also, daycares often have their own section of the law and exemptions may not apply to them.

Quote:
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 to your state):

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

post #97 of 131
I just saw this "AGAIN" I remeber this thread from last year. I dont believe this is STILL going on. Sheezez, really, I mean you *could* believe in the god of the cactus right?? Some totally bizarre religion that does not have a pastor? (sorry if there is a god of the cactus - no offense intended).

I also looked at RI homeschooling law and no where does it say you need specific books. It appears that you can get what you need from websites and the library. Also just because you submit something does not mean that you will end up using it - kinda like teacher lesson plans, just because its planned doesnt mean it always happens.

As much as I hate the state of AZ, I stay for the lax homeschooling laws and the great vax law. (I was all set to leave, then I lost my support system so we are stuck here - thanks mom - but in the end its much less red tape to deal with)

Im sending you hugs, and I hope everything works out OK.
post #98 of 131
Thread Starter 
Thanks so much everyone!I spoke to 2 lawyers this morning,and both agree i am right.They are both education lawyers,one said I need a civil lawyer as they would sue the school system for violating my constitutional rights.The other,from legal aide,said to let her know what happens with the school committee meeting this wed.I found out I don't have to go,so I'm going to be so nervous this week until I find out what's going to happen.She said we would go from there.both lawyers also said to send dd the first day no matter what the school says.Let them send her home,then I will sue.They're just hoping I back down,which I will not,ever.This is our constitutional right.I want to make sure no one after me goes through this.
post #99 of 131
Quote:
They're just hoping I back down,which I will not,ever.This is our constitutional right.I want to make sure no one after me goes through this.
post #100 of 131
You go Mama! This is craziness.
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