Non-Vax exemption for private preschool?? - Mothering Forums

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#1 of 8 Old 10-13-2009, 03:55 PM - Thread Starter
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We just moved to NC from Colorado. The preschool I want to enroll my dd in said it required her to be vaxed. She has only had one DT shot. I have read all the posts on exemptions and specifically NC.

But wonder if because it is a private preschool and not a public school if the exemption will be honored.

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#2 of 8 Old 10-14-2009, 10:15 AM
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If they receive ANY money from the state, they should accept an exemption. But if they don't, then they don't have to.

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#3 of 8 Old 10-14-2009, 12:14 PM
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If the bona fide religious beliefs of an adult or the parent, guardian or person in loco parentis of a child are contrary to the immunization requirements contained in this Chapter, the adult or the child shall be exempt from the requirements. Upon submission of a written statement of the bona fide religious beliefs and opposition to the immunization requirements, the person may attend the college, university, school or facility without presenting a certificate of immunization.
refer to the immunization laws above
No child shall attend a school (pre K-12), whether public, private or religious, a child care facility as defined in G.S. 110-86(3), unless a certificate of immunization indicating that the child has received the immunizations required by G.S. 130A-152 is presented to the school or facility.
The law is worded so that it seems all schools have to except an exemption.

If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." Thomas Jefferson.

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#4 of 8 Old 10-15-2009, 09:20 AM
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I will look and see if I can find the letter, but we just used parts of a religious exemption (Colorado) letter for our son as our parochial pre-school is stating that without shots or a letter to review they will expel him. I will post if I can find the links again.

The one thing that seems to keep letters from being rejected around here is that you HAVE to make sure that they are religious in tone. While its not an issue for our family to state these beliefs, I've known other families who have tried with a more fact based/scientific approach only to be turned down because it must be religious based. I even edited the portions out going to in to each specific vaccine detail in fear that they'd consider it too scientific and simply stated that we have very specific (religious) reasons against each vaccine and if they would LIKE to know them, I'd be happy to provide them.

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#5 of 8 Old 10-16-2009, 09:21 AM
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Just assume they do, writing your exemption and attaching the law.
Many schools don't know and won't question it if they see a law.

If they do say they don't have to go by that, then you will have to dig deeper. If they receive ANY money at all from the state including money for meals, milk, etc, then they have to follow state law.

Contact Lisa, director of PAVE in North Carolina
exemption info here and sample letter

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#6 of 8 Old 10-16-2009, 01:54 PM
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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:

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.

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)

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

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.


Your signature.

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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#7 of 8 Old 10-16-2009, 08:44 PM
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I am in the same situation. I just moved to NC from California. I am applying for a preschool that claims they will not accept exemptions (written on their website). I wonder how serious they really are and if anyone has ever educated them on the state law. I also don't know if they receive any funding from the state, but I suppose that would be a good question to ask. I find this whole situation daunting--applying for preschool when my child is unvaxed. I anticipate a lot of push back from the school.
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#8 of 8 Old 10-17-2009, 10:11 PM
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does anyone know where a sample of a philosphical exemption letter is?
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