Join Date: Aug 2005
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I am waiting for the vax exemption form. I went down today and got them, and they told me that the only exemption is religious......
|It has like a half o page for me to write down, "Why I am requesting, and what are my religious principles, PLUS it has to be Notarized, AND APPROVED!!!!! WHAT!!!! :|
|I "thought" that in January there was another law passed that gave parents the right to philisophical exemptions now, too.|
|9. This section shall not apply to children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school.
10. The commissioner may adopt and amend rules and regulations to effectuate the provisions and purposes of this section.
11. (Added, L 1994) Every school shall annually provide the commissioner, on forms provided by the commissioner, a summary regarding compliance with the provisions of this section.
WHAT form? There is no form in NY, except in NYC. You need to write a letter for an exemption. DO NOT give the school any form!
No, no no. That is NOT right.
I'm near you, and will PM you.
Nope. And I would never use a philo exemption anyway - it's the least likely to stand up in court IMO. You are guaranteed religious freedom by the Constitution.
|Trust me there is a form and they can make you use it in upstate NY, and they can be nasty about it. I got it approved but it wasn't a walk in the park. LongIsland did approve my exemption before I handed it in but I can't risk sharing it and having it get out on the web. I have to protect my son first as this exemption was hard to come by. The form isn't mandatory but the health department is encouraging all schools to use it so they have perfect rights to request you use it. Sad but true. It does have to be notorized and approved byt the superintendent or principal and they can question your sincerity.|
|JUSTIFICATION: Legislative Background: Currently, parents of children
in school must show proof of vaccination of legislatively mandated
vaccines, unless they have an approved religious or medical waiver. To
obtain religious waivers, applicants are required to demonstrate their
religiousness to a level acceptable to the school. Claimants are asked
to submit to myriad and lengthy verbal affidavits or written question-
naires that delve broadly into their personal affairs to an extent unan-
ticipated by the legislature at the time the section was amended in
Recognizing that this practice impinges on First Amendment protections,
regulators have been careful not to specify a mechanism for schools to
execute this function. Claimants feel they are denied the exemption
unfairly, based upon determinations having no apparent uniform criteria.
This has generated grievances that the process does not operate in an
equitable manner. The intrusive nature of the inquiry, has led to wide-
spread appeals to the Commissioner, and litigation in the state and
Protection of free exercise of religion demands wariness in granting
state entities the power to cast judgment upon a person`s religious
beliefs. This bill precludes the interpretation of the current language
reading "genuine and sincere" as creating a test that a religious
exemption claimant must pass to the satisfaction of health or school
authorities. It makes the exemption dependent only on the filing of an
affidavit stating that the requisite religious beliefs are held.
The current common practice of government agencies scrutinizing and
judging a parent`s religious beliefs is inappropriate in a democracy
that values the First Amendment. There could be concern that some
parents might falsely claim a religious exemption. But it is greatly
outweighed by the burden that the intrusive, prolonged inquiry imposes
on bona fide objectors forced to defend their religious beliefs. Includ-
ing that the request for exemption be notarized impresses upon the
public the seriousness of the sincerity requirement and will be a suffi-
cient deterrent to potential false objectors.
Ah ha!! I found the law I was looking for, but I dont understand it, is it inacted or is it just on the senate table? May be one of you can tell me...
bt - this post has the links I promised you. HTH!
Use the form provided that is NEW this year...
School District Procedures for Implementing Requests for Religious Exemption to Immunization.
- request form (.doc) (.pdf) (.html)
- procedures (.doc) (.pdf) (.html)
Just copy it off, fill it out and it HAS TO BE NOTORIZED.
If anyone goes off and does their own thing, your setting yourself up to be denied.
I didn't have a problem with mine because I followed it to a T and knew how to play the game. I see some good advice here and some not so good...
I certainly don't want to give bad advice.
Per LI's recommendation, when I submitted my exemption two years ago I wrote a letter. I was told by the school to submit a letter to the superintendent, via the school board. LI emphasized that "in your own words" was best.
I'm trying to get in touch w/LI to confirm the current best route to exemption in NYS. She knows everything there is to know about this stuff.
My apologies if I've led anyone astray.
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