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.

CA: Know the Code

Families nationwide have been focused on tightening their belts, with the rising gas prices, rampant inflation has hit the family budget hard. It’s no wonder the State of California has financial troubles and this time we can’t blame the legislators.This time the blame falls squarely on the shoulders of the State of California Department of Education — once again, we find them wasting taxpayer dollars.

AB 354 was passed by the California Assembly and was approved by then Governor Schwarzenegger on September 29, 2010. The provisions spelled out in the bill become effective on July 1, 2011. The bill makes several significant changes in the law.

Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her first admission to that institution he or she has been fully immunized against various diseases, including hepatitis B, pertussis (whooping cough), and varicella (chickenpox), and any other disease deemed appropriate by the State Department of Public Health, taking into consideration the recommendations of specified entities. This bill would add to these entities the American Academy of Family Physicians.

Basically, this just means the American Academy of Family Physicians has been elevated to a God-like status. They were added to the group of medical professionals in the U.S., who have a voice in how the rest of the population is tortured (just checking to see if you are following this). No big deal really.

There are a couple of issues I have with this piece of legislation but first I’d like to get right to the point.

Today, I received notification of an alert that went out to HSLDA members and a select number of subscribers to Private and Home Educators of California, which was then emailed to California State-wide homeschooling organizations, encouraging parents to comply with requirements that are not required under California law. You can read the alert here: NEW Required Documentation for All Students.

The new law does not require you to use any certain form. Yet their letter says…

The current “PM 286B  form (1/02)” does not have a space to document the Tdap   immunization. In order to document the compliance status of the student to the Tdap  booster requirement on the PM 286B, the California Department of Public Health has created a sticker, form PM 286 S, which is to be completed and placed on the upper left corner of the front of the existing PM 286B “Blue Card”, which should already be in the student’s file.

Instead of simply editing the current form, which is already online (PM 286B) available for anyone to download, someone at the California Department of Education and/or the California Department of Health got the bright idea to print off millions of stickers and mail them, using the U.S. Postal Service to households throughout California. This is a huge cost to taxpayers and huge waste of taxpayer dollars. I hope the new Governor gets a handle on things soon — from the looks of things employees are still wasting our money.

This is huge, we are talking about printing and mailing stickers to be attached to EVERY single file for EVERY single school aged child in the state of California and HSLDA isn’t giving private home educators good legal advice. The law does not spell out any such form that must be used. It simply required a record to be kept on file. Read the legislation for yourself, it’s written in pretty straight-forward language, the state even provides handy definitions and references.

I simply can’t understand why HSLDA would recommend that private school administrators (home educators) contact the Department of Health. Part of the problem with that is this bill also gives more teeth to the law, which should worry you. Look at this provision:

Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children.

Specific “incentives” are not spelled out. It could mean anything.

Commencing July 1, 2011, notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority admits or advances any pupil to the 7th grade level of any private or public elementary or secondary school.

This bothers me…

Hepatitis B virus is carried in and transmitted by the blood and body fluids of an infected person. People can spread hepatitis B virus without even knowing they have it. The first stage of it may lead to loss of desire to eat, feeling tired, pains in muscles, joints, or stomach, diarrhea or vomiting, yellow skin or eyes and death. You can recover from this illness (90-95% do), but still spread it through the above mentioned. [Learn more…]

AB 354 (2010) is a huge power grab. Check out this next provision.

The department may specify the immunizing agents which may be utilized and the manner in which immunizations are administered.

That statement gave me cause for pause. This appears to give a great deal of power to those that administer immunizations. But wait, it gets even better.

The department may adopt emergency regulations to implement subdivisions (c) and (d) including, but not limited to, requirements for documentation and immunization status reports, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.

I assume this means if an outbreak of whooping cough takes place, the powers that be can quarantine your children and/or your entire family for up to 6-months, but the emergency powers haven’t been spelled out here.

I have plenty more to say on this topic but I’m waiting until I get a little sleep and I have more details come in. I would love to hear what you think on this topic.

California homeschoolers have been told for years to “Know the Code” and follow the law — it’s still that simple. This bill has some teeth in it and asking homeschoolers to go above and beyond that which is required by law is simply bad advice, in my opinion. These are simply that: my own thoughts on this topic – I am not a lawyer, nor do I play one on TV.

Parental Rights?

“Through activist courts and the threat of ratifying the UN’s Convention on the Rights of the Child (CRC), big government intrudes on families more and more. Already, the liberty of parents to direct the upbringing of their children has greatly eroded in federal courts and in such settings as public schools, local libraries, and your doctor’s office.”

— Michael Farris, president, ParentalRights.org

I have been reading more about a proposed Parental Rights Amendment to the Consititution and while the idea struck a cord — I mean who wouldn’t support a goal as lofty as Parental Rights in light of all we know is happening to the family unit, under current federal laws.

I am simply not convinced that this is the proper way of going about securing those rights. Something just didn’t sit right with me and I couldn’t put my finger on it, until I noticed the address — Purcellville, VA. When I saw that, I knew this had to be another long reaching arm of HSLDA and sadly, I was correct.

HSLDA doesn’t understand parental rights themselves, or they would not have settled for some of the worst homeschooling laws on the books in many states, and in their own backyard.

When homeschool legislation was being drafted in states like Virginia, New York, and Ohio, just to name a few, HSLDA was in the thick of it, “protecting our ‘parental rights.'” I am not alone, when I say that they sold homeschoolers out, while at the same time, ensuring plenty of legal work for their own future.

Please check out a draft copy of the proposed legislation and share your comments. I know that something needs to be done to address this issue but amending our constitution is a drastic measure that must be carefully considered, along with the impact of such an amendment on the family unit. (Note: You can read the Annotated Version here.)

What do you see as being positive about the proposed amendment? Drawbacks? Consequences? This is something that will affect every family in the country. Would you support or oppose an amendment to our Constitution?