Please help...

[roblauerin]

I apologize for not being here is so long. I've had many depressing things going on with my family & I was also without a computer for awhile. Anyway, time has flown & I am about to register my 5 y/o DD, Erin, into Kindergarten. We do not vax & we will NOT vax. I live in Kings Park, NY. Apparently, from what I was told by her PreK director today, (who is very nice & didn't question my non vax status at all), that I am going to have "a hell of a fight" on my hands with KPSD. I am literally sick to my stomach & am terrified she is going to be denied. I truly don't know what to do. I am about to cry. Do I hire a lawyer? Do I download a short & sweet form, so to speak, and worry about a letter later on? I'm so lost I would truly apprecaite any help you could give me.

[Marnica]

Originally Posted by roblauerin

I apologize for not being here is so long. I've had many depressing things going on with my family & I was also without a computer for awhile. Anyway, time has flown & I am about to register my 5 y/o DD, Erin, into Kindergarten. We do not vax & we will NOT vax. I live in Kings Park, NY. Apparently, from what I was told by her PreK director today, (who is very nice & didn't question my non vax status at all), that I am going to have "a hell of a fight" on my hands with KPSD. I am literally sick to my stomach & am terrified she is going to be denied. I truly don't know what to do. I am about to cry. Do I hire a lawyer? Do I download a short & sweet form, so to speak, and worry about a letter later on? I'm so lost I would truly apprecaite any help you could give me.

I would contact Gary Krasner ASAP and see what you should do. Never hurts to be proactive and prepared. http://www.cfic.us/

[Emmeline II]

Contact Gary and check on your tribal board. It may be that previous parents just write poor letters. Most advice I see concerning religious exemptions is horrible, horrible for NYers.


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).

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

"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."

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

[roblauerin]

I can't thank you enough for all your help!!! Erin is actually a patient of Dr. Sherr's I left him a message earlier today. I also contacted Gary Krasner. Wow, he is THE one to talk to! I was a bit overwhelmed reading the emails he sent me though...I feel like I don't understand much of it I'll have to take the time when I am home alone & carefully read through it all again. I have a letter that I somewhat copied a bit from my brother. He hired a lawyer a few years ago for this very reason. I don't know if I should submit that with her registration packet in March, or submit the form shown above & hold onto the letter in case of a battle....damn, this shouldn't be so difficult

[claddaghmom]

Eep, are they even part of America anymore?

[Emmeline II]

Originally Posted by roblauerin

I don't know if I should submit that with her registration packet in March, or submit the form shown above & hold onto the letter in case of a battle....damn, this shouldn't be so difficult

After you read through Gary's info you should have a better idea; I'd ask him to look over your letter before you actually send it.

[roblauerin]

Update

well, I registered her last week. Gosh, I was so nervous! I submitted the brief statement on the NYS form. I decided to hold onto the more detailed letter for future use if needed. The school nurse just smiled, asked me if I had my own copy & seemed 'ok' with it. The woman handling the other paperwork rolled her eyes a little, but just nodded & didn't say a word. *whew* I know this may not be over, but I am relieved for the time being. I'm sure they'll asked for more later on. Anyway, please keep your fingers crossed for me! Thank you all for the help, I appreciate it more than words can express