» posted on Sunday, June 5th, 2011 at 9:57 am by
Compliance with New Law AB 354
If you homeschool in California, you have probably heard of the new HSLDA recommendations for complying with AB 354, the vaccination law that says all 7th-12th graders must show proof that they have received the Tdap (whooping cough) booster by July 1, 2011.
HSLDA and Family Protection Ministry sent email alerts and mailings out to many homeschoolers, and their recommendations are being forwarded by alarmed homeschoolers. You can read it here.
Before everyone gets in a panic over this and loses some of their rights at the same time, let’s take a breath here and examine the facts!
Yes, California has a new vaccination law, and we all know that some people vaccinate while some don’t. California law has not removed the option to sign a belief waiver. On that point, one can agree with HSLDA. The details of making sure we’re all in compliance is where the difference arises.
Unfortunately, the HSLDA recommendation does the following:
It erodes the rights of parents.
HSLDA is recommending that all homeschooling parents in California do whatever the California Department of Public Health asks. What they should be doing is standing up for our rights by encouraging everyone to observe the law as written! We are not obligated to comply with bureaucrats who request extra of us. When we start allowing unauthorized requests, we basically are encouraging State employees to take the law into their own hands.
It needlessly raises the fear level of homeschoolers.
The HSLDA alert is 4 pages long, full of details that are scaring parents. They jumped on board with the Department of Public Health by endorsing the special sticker and a special Tdap form available only through the health department.
It puts homeschoolers at risk.
The Health Department has come up with a new waiver form just for the Tdap. Nothing in the law requires a new form, but it’s part of the frenzy to make sure that every child is vaccinated. Instead of updating the old form and putting it online, they are requiring all schools to contact their Health Department if they need a waiver. HSLDA is recommending that all parents who file a private school affidavit individually contact their local Health Department to request the new waiver. What is going to happen to the thousands of families who follow this advice and basically let their local Health Department know where they live, that they are homeschoolers, and that they don’t fully vaccinate? Will they be subject to local harassment? It’s not a risk anyone should take.
What should you do?
It’s simple enough. The law changed, and everyone needs to either put a copy of the proof of Dtap vaccination in their child’s files or make sure they have signed the old PM 286B waiver.
Know the Code. Here are some links so you will know the law for yourself. Knowledge is power, and don’t let anyone take that from you. Be informed!
Here’s the link to the new law:
AB 354, Arambula. Health: immunizations.
The new law doesn’t say a new waiver form is needed just for Tdap, nor does it say that a special sticker must be in the upper left hand corner.
Need more? How about reading existing law about waivers? Here is the waiver law for children and school enrollment with the important part for parents in bold. It is in the Health and Safety Code:
120365. Immunization of a person shall not be required for admission to a school or other institution listed in Section 120335 if the parent or guardian or adult who has assumed responsibility for his or her care and custody in the case of a minor, or the person seeking admission if an emancipated minor, files with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs.
However, whenever there is good cause to believe that the person has been exposed to one of the communicable diseases listed in subdivision (a) of Section 120325, that person may be temporarily excluded from the school or institution until the local health officer is satisfied that the person is no longer at risk of developing the disease.
According to the law, all you need is a letter or affidavit stating that the immunization is contrary to your belief! You don’t need to contact the health department, and you don’t need a new form. The current one will work. How easy is that! Follow the law, and nothing more. This is the safest way to preserve our right to homeschool in California.
filed under freedom · homeschool · legislationComments Off on Compliance with New Law AB 354 | tags: AB 354, california, Department of Education, health, HSIL, HSLDA, immunizations, Parental Rights, public education, public health
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