School wants religious proof - Long Island * Update post 20!

[BabyPie]

DS started kindergarten this year and I submitted the NYS Religious Exemption to Immunization form. The principal has just sent us a letter requesting documention from our religious organization. The documentation could be a letter from a religious institution. Do I need to get a laywer involved? Is NYS allowed to question my religious beliefs?

[Viola]

Wow, I would say no, they aren't. But I don't really know what you can do, other than to say that they cannot question your religious beliefs.

[spero]

Ask the principal to provide you with written documentation that states his/her right to question your beliefs. Unless you gave them good reason to question the sincerity of your beliefs (such as you are selectively vaxing, and they found out, or you only objected to certain vaccines), this request violates the Wexler Decision.

[NYMOM07]

Originally Posted by BabyPie

DS started kindergarten this year and I submitted the NYS Religious Exemption to Immunization form. The principal has just sent us a letter requesting documention from our religious organization. The documentation could be a letter from a religious institution. Do I need to get a laywer involved? Is NYS allowed to question my religious beliefs?

i dont think they are, you dont have to be involved with an "institution". call gary krasner, look him up on the web. he isnt a lawyer but a great help to parents and how to get around this.

[BabyPie]

This is what the letter said:

Dear Mr. and Mrs. Babypie:

I am in receipt of your request for Religious Exemption to Immunization form submitted to our school nurse. In addition, please submit documentation from your religious organization explaining the doctrines/beliefs that prohibit immunization. This documentation may be in the form of a letter from an authorized representative of your religious institution.

Thank you for your cooperation in this matter. Please be advised that you will be informed in writing regarding your request.

[Gitti]

I would ask them to state the law that gives them the right to question your religious beliefs.

[spero]

Originally Posted by BabyPie

In addition, please submit documentation from your religious organization explaining the doctrines/beliefs that prohibit immunization. This documentation may be in the form of a letter from an authorized representative of your religious institution.

They cannot request such explanation without a valid reason to question the sincerity of your beliefs. Again, I suggest that you ask them to provide a written explanation of why they are requesting this documentation from you, and also request that they reference the statutes by which they have the right to make such a request.

[Proverbs31]

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".

Since you aren't required to be part of a church that is opposed to vaxes, you can probably just submit a new letter addressing those 3 points.

I agree with pp: contact Gary Krasner ASAP.

[tammyswanson]

Or maybe the ACLU too? Sounds like they are trying to violate your rights to me...hope all goes well!

What gets me in their 'letter' is...they act like they can deny or approve your religious exemption for vaxes. So they are the ones who 'decide' who gets approved for religious exemptions? Sounds like a total crock to me.

[elf68]

i'm on long island

I did a delayed vac schedule with the help of my nurse prac. and the last thing my son needs (according to the school) is cp vax. I have 4 weeks (Nov 5) to get him exposed. Any help from anyone on Long Island is greatly appreciated.

:yawning::yawning:

[spero]

Originally Posted by elf68

I did a delayed vac schedule with the help of my nurse prac. and the last thing my son needs (according to the school) is cp vax. I have 4 weeks (Nov 5) to get him exposed. Any help from anyone on Long Island is greatly appreciated.

:yawning::yawning:

Have you done a titer check? He may already be immune.

[Proverbs31]

Originally Posted by tammyswanson

What gets me in their 'letter' is...they act like they can deny or approve your religious exemption for vaxes. So they are the ones who 'decide' who gets approved for religious exemptions? Sounds like a total crock to me.

That's the problem. In NY we have to submit our letter and its up to the individual principal's discretion to determine whether or not the belief is sincere and genuinely religious in nature. If not, they have the power to ask for more "proof" or deny the exemption altogether.

[BabyPie]

Gary Krasner emailed me some information and I will call him later today. I am so nervous about the whole situation.

[BAU3]

I am not on Long Island, but i have religous exemption for my kids.

I consulted with an attorney (i'm having a bad brain day.. the vax attorney who was responsible for the decision that personal religous beliefs were acceptable... something "baum"... sorry)

Anyway.. what i learned was that:

A) They are certainly within their legal rights to ask you about your religous beliefs, how they pertain to vaxes etc.. thats how they determine the "sincerity" of your beliefs.

B) The CANNOT deny your request based on lack of affiliation with an organized religion. Your personal religous beliefs are adequate. This does not, however, mean that they can't ask you to explain what your beliefs are.

I would write / tell them that your exemption is not contingent upon an affiliation with an organized religion and that you would be happy to discuss your personal religous beliefs with them, would they like to meet in person, and if so, should you have your attorney present or would a statement of your beliefs be adequate.

[spero]

Originally Posted by BAU3

A) They are certainly within their legal rights to ask you about your religous beliefs, how they pertain to vaxes etc.. thats how they determine the "sincerity" of your beliefs.

They can only do this, however, if they have valid reason to question the sincerity of your beliefs. They can't just ask because they want more info.

[Emmeline II]

The Wexler Decision

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.

US Federal Court held in Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81, 89-90 (E.D. N.Y. 1987), 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.

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

Remember:
-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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[tammyswanson]

Originally Posted by Proverbs31

That's the problem. In NY we have to submit our letter and its up to the individual principal's discretion to determine whether or not the belief is sincere and genuinely religious in nature. If not, they have the power to ask for more "proof" or deny the exemption altogether.

No kidding? Geez..that is awful! That alone would make me want to homeschool.

[bygones75]

Originally Posted by BabyPie

Gary Krasner emailed me some information and I will call him later today. I am so nervous about the whole situation. DH thinks it's time DS should be vaccinated so this doesn't help. DS already has some health issues with dairy and seasonal allergies, eczema in the winter and an asthma attack last year. My instinct tells me he will get worse if vaccinated.

I was freaking out too. (I'm in Putnam County.) Gary Krasner helped a lot when my son's school started pulling crap. He gave me confidence as well as info. Hopefully, he'll do the same for you.

We haven't heard back from the school since submitting the edited letter, but I'm hoping that's a good sign.

[mamakay]

Originally Posted by spero

They can only do this, however, if they have valid reason to question the sincerity of your beliefs. They can't just ask because they want more info.

I think they can in NY in the stages before you go to "exemption court" (or whatever it is there?)

I'm not totally sure, but I know people often have to go to some sort of "exemption hearing" to "prove" that their beliefs are definitely religious in nature.

I would write / tell them that your exemption is not contingent upon an affiliation with an organized religion and that you would be happy to discuss your personal religous beliefs with them, would they like to meet in person, and if so, should you have your attorney present or would a statement of your beliefs be adequate.

That sounds right to me.
My letter would be something along the lines of "After much prayer, the Lord has revealed to me that it would be against His wil for..."
You don't have to know why God tells you what he does.

[BabyPie]

Good news! The school approved our religious exemption. I couldn't have done it without Gary Krasner's help in drafting the letter.

I am so relieved that it's done