Partially vaxed preschooler in MA

[winterwondermom]

Just looking for fellow Massachusetts mommies with preschool/school age children. All of the information on this forum is incredibly informative for those of us who are opting for selective/delayed vaccinations, but I am really looking for someone who has preschool/school age kids in my state and can "guide" me through the process of filing an exemption and handling what (if anything) to expect after my son starts school. I was told by my son's new preschool teacher, "if he's not up to date with his vaccinations, the state will remove him from the program."...which tells me she hasn't encountered students whose parents chose to selectively vaccinate in the past.

ANY advice from mothers who have been through this would be greatly appreciated. This is a lonely and confusing road to navigate (seemingly) alone.

[MorgnsGrl]

Hi! I have a 10 year old DS in public school in MA and we haven't had any problems with his unvaccinated status. I wrote up an extremely brief statement letter when he first started school that included a quote from the law and handed it in to the school nurse. No trouble since. This summer all the parents of kids going into 4th grade were told that the school needed updated vax records, so I changed the date on my original letter and sent it in a second time. Again, no problems. DS has now been vaxxed against tetanus (just this past year) but he's otherwise unvaxxed. (He did have chicken pox when he was 4.) Hope this helps!

[winterwondermom]

Great news! Thanks for taking the time. I set a start date of Jan. 5 with the preschool, and submitted my son's application, along with a short religious exemption letter that included the MA law. We haven't heard that he can't start on the 5th as planned, though I'm always expecting the next phone call will be the preschool leader! Either she hasn't completely reviewed his application yet, or it is not a problem. It's a GREAT relief to hear that this hasn't been an issue for you.  Thanks again.

[Copperline]

I just moved to GA from MA, but I had children enrolled in schools and used the religious exemption in the past without issue.  Here is the letter I used, citing Federal and MA GL.

To Whom it May Concern:

This written statement serves to exempt our child from any immunizations, TB testing, and other shots/injections, because we hold genuine and sincere personal religious beliefs which are inconsistent with these medical procedures and experimentation. The practice of vaccination and the injection of any foreign substance is contrary to our conscientiously held religious beliefs and practices, and violates the free exercise of (my/our) religious principles.



We, (parents names), as the parents of (insert name of child), are exercising our rights under the First Amendment of the US Constitution and M.G.L. c. 76, ss 15C; to receive Religious Exemption from Vaccination.


Applicable law has been interpreted to mean 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. Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion. 


Our legal rights are guaranteed by the free exercise clause of the First Amendment to the U.S. Constitution. Recent court decisions have upheld the rights of individuals seeking exemptions from immunizations based upon personal and religious reasons. On the U.S. Supreme Court level in Frazee V. Illinois Dept. of Security, 489 U.S. 829, it was found that a state may not deny an exemption simply because a person is not a member of a formal religious organization.


Sincerely,
(your names)



*Religious exemption-is allowed, if a parent or guardian submits a written statement that immunization conflicts with their sincere religious beliefs. 
(105 CMR 220.000, M.G.L. c.76, ss.15 and 15c)

______________________________________________

Exceptions: MGL 76, &15. 

1) Upon certification that a doctor has personally examined the child and found "that his health would be endangered by such vaccination or by any of such immunizations."

2) No "child whose parent or guardian states in writing that vaccination or immunization conflicts with sincere religious beliefs shall be required to present" the certificate in order to be admitted. 
Exemption does not require the objecting persons to be a member of a recognized church or religious denomination. Dallo v. Board of Education, 358 Mass 753, 267 NE 2d 219
______________________________________________


105 CMR 220.500: Immunization Requirements for Preschool, Elementary, Middle and High School Students
C The requirements in 105 CMR 220.500 (A) and (B) shall not apply: 
1. upon presentation of written documentation that the student meets the standards for medical or religious exemption set forth in M.G.L. c. 76, ss 15;