Will California’s student COVID vaccine mandate have exemptions? Here’s what we know
Gov. Gavin Newsom on Friday announced California will add the COVID-19 vaccine to the list of required vaccinations for students to attend K-12 schools in person, after the Food and Drug Administration expands its emergency use authorization to full approval for the necessary age groups.
But there will be an exemption process. And, at least for now, the range of accepted exemptions will be broader than for other mandatory childhood vaccinations, such as measles, mumps or chickenpox.
Here’s what we know so far.
What are the exemptions?
There will be exemptions “for both medical reasons and personal beliefs,” part of Newsom’s announcement reads.
Religious exemptions would fall under the umbrella of personal beliefs, Newsom said during a news conference Friday in San Francisco.
Vaccination also would not be mandatory for students who are homeschooled or enrolled in independent study programs in which they do not receive classroom-based instruction.
Why is there a personal belief exemption?
Religious exemptions have been included in COVID-19 vaccine mandates Newsom and state health officials have announced in recent weeks, including for teachers and other school employees, but general personal belief exemptions have not.
Friday’s announcement notes that new vaccine requirements established for K-12 students “by regulation, not legislation,” must include both medical and personal belief exemptions.
State health code sections dealing specifically with immunization records for pupils in primary and secondary schools indicate that school districts must require personal belief as well as medical exemptions from requirements issued by the state health department for any disease other than the 10 established by the state as mandatory.
Those diseases are: diphtheria, haemophilus influenza type B, measles, mumps, rubella, pertussis, poliomyelitis, tetanus, hepatitis B and chickenpox.
Those 10 are subject only to exemptions for medical conditions, not for personal or religious beliefs.
In other words, it would require legislation to remove the personal belief exemption for the coronavirus vaccine. The simplest path for that would be a bill amending the state health code to codify COVID-19 as the 11th disease on the above list.
“The Legislature has shown over and over again that we are willing to pass strong vaccination laws, and if we have to come back and do it again next year, we will do that,” said State Sen. Scott Wiener, D-San Francisco, before introducing Newsom at Friday’s news conference.
State Sen. Richard Pan, a pediatrician and strong advocate for vaccines, said in a statement supporting Newsom’s decision that he looks forward “to working with the Governor on necessary legislation on vaccinations to keep our children safe in school when the legislature returns” in early January.
Is the exemption process finalized?
No.
After the FDA approves a vaccine for use within one of the two grade spans (7-12 and K-6), the California Department of Public Health will “initiate the rulemaking process.”
“Regulations promulgated pursuant to that process will also address many of the details of the requirement, including the scope of exemptions, etc.,” the announcement from the governor’s office continues.
Can students ‘test out’ without an exemption?
No, there will be no option for students without exemptions to continue to attend campus in-person by submitting to regular diagnostic testing for COVID-19.
Additionally, Newsom announced Friday, the testing alternative currently available to unvaccinated teachers and school staff “will be converted to a vaccine mandate no later than when the first phase of the student requirement becomes effective.”
Are there different standards for private and public schools?
No, both private and public K-12 schools and districts will face the same standards, including with respect to exemptions.
This story was originally published October 1, 2021 at 12:39 PM with the headline "Will California’s student COVID vaccine mandate have exemptions? Here’s what we know."
