California Vaccine Law: Does It Affect Home Schoolers?

California has some of the strictest vaccination laws in the country. In 2015, the state eliminated the personal belief exemption that allowed parents to opt their children out of mandatory vaccinations based on their personal beliefs. However, the law does not apply to children who are homeschooled. This has led to a sharp increase in the number of homeschooled children in the state, with many parents opting for homeschooling to avoid vaccinating their children. While homeschooling may be a viable option for some, it is important to note that unvaccinated homeschooled children can still spread diseases if they come into contact with others. California's strict vaccination laws were implemented following a major measles outbreak and are intended to protect public health.

California's vaccination law and homeschooling

Californias Vaccination Law and Homeschooling

California has some of the strictest vaccination laws in the country, requiring that all children be up to date on their vaccinations to attend school unless a doctor says otherwise. However, these laws do not apply to homeschooled children, and in recent years, there has been a significant increase in the number of homeschooled children who are not vaccinated. This has raised concerns about the potential spread of disease, especially as many homeschooled children participate in group activities and meet with other students regularly.

California's Vaccination Law

In 2015, California passed Senate Bill 277, which eliminated the personal belief exemption for required vaccinations. This meant that parents could no longer opt their children out of vaccinations based solely on their personal beliefs. The law, which took effect in 2016, requires that children be immunized against 10 serious communicable diseases: diphtheria, Haemophilus influenzae Type B (bacterial meningitis), measles, mumps, pertussis (whooping cough), polio, rubella, tetanus, hepatitis B, and chickenpox.

Students are only affected by the immunization law at certain grade levels or checkpoints: upon entering childcare, transitional kindergarten/kindergarten, or 7th grade, or when transferring into schools or childcare from out of state or out of the country. Otherwise, the immunization status of students is not an issue.

Homeschooling and Vaccination Exemptions

While California's vaccination law applies to children attending public and private schools, it does not apply to homeschooled children. This has led to an increase in the number of parents choosing to homeschool their children rather than comply with the state's vaccination requirements.

According to the California Department of Public Health, pupils enrolled in home-based private schools and students enrolled in independent study programs who are not receiving classroom-based instruction are not subject to the mandatory vaccinations. This means that most homeschoolers are exempt from the immunization requirements.

There are several legal options for homeschooling in California that allow parents to exempt their children from vaccinations:

• File a Private School Affidavit (PSA): With this option, parents withdraw their children from school and teach them at home. They are considered the administrator/teacher and are responsible for keeping the required records.
• Enroll in a Private School Satellite Program (PSP): A PSP is a private school that has filed an affidavit. Parents sign up and become teachers in that school. The PSP handles administrative matters and may offer support, curriculum packages, and extracurricular activities.
• Enroll in a Public School Independent Study Program (ISP) or Charter School: With this option, parents register their child with a public school ISP or charter school and teach them at home. They are considered a teacher's aide and must keep the required records. The curriculum options and freedom to choose what to study may be limited, and parents may be required to allow their child to be tested.

Concerns and Impact

The increase in the number of unvaccinated, homeschooled children has raised concerns about the potential spread of disease. While most of their schooling may take place at home, many homeschooled children participate in group activities and meet with other students regularly. If one of these children contracted a disease such as measles, they could spread it to others in the community.

Proponents of California's strict vaccination laws argue that they are necessary to protect public health and have led to an increase in the state's kindergarten vaccination rate. However, critics argue that the laws infringe on parental rights and medical freedom.

Vaccination requirements for homeschoolers

Homeschooling is on the rise in California, with some sources citing the state's strict vaccination laws as a key reason for the shift. While the state's vaccination laws do not apply to homeschooled children, there are still important considerations for parents to keep in mind when making the decision to homeschool. This article will outline the vaccination requirements for homeschoolers in California and provide an overview of the state's vaccination laws.

California's Vaccination Laws

In 2015, California passed one of the strictest immunization laws in the country, Senate Bill 277 (SB 277), which eliminated the personal belief exemption for vaccinations. This means that parents could no longer opt their children out of vaccines due to their personal beliefs. The law took effect on January 1, 2016, and applies to all public and private schools in the state. However, there are some exemptions to the law.

Exemptions to Vaccination Laws

Children who are homeschooled are exempt from the state's vaccination laws. This exemption includes those who are enrolled in home-based private schools and independent study programs without classroom-based instruction. It's important to note that if a homeschooled child participates in extracurricular activities or sports at a public school, they may still be required to meet the school's vaccination requirements. Additionally, children with an Individualized Education Program (IEP) may continue to receive services regardless of their immunization status.

Medical Exemptions

While personal belief exemptions are no longer allowed, medical exemptions are still permitted under California law. To obtain a medical exemption, a doctor must provide a written statement indicating that the child's physical condition or medical circumstances are such that immunization is not considered safe. The statement must also specify which vaccines are being exempted and whether the exemption is permanent or temporary. As of January 1, 2021, medical exemptions must be submitted electronically to the California Immunization Registry (CAIR) using a standardized form.

Temporary Exemptions

Temporary exemptions from vaccination requirements are limited to one year and must be supported by a medical exemption. Patients whose doctors have been subject to disciplinary action by the Medical Board of California or the Osteopathic Medical Board of California may have their exemptions revoked.

Grade Spans and Checkpoints

California's vaccination laws include the concept of "grade spans" and "checkpoints" to determine when a child must be vaccinated. Grade spans are defined as follows:

• Birth to preschool
• Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten
• Grades 7 to 12, inclusive

Checkpoints refer to the grades at which a child must be vaccinated and are typically aligned with grade spans. The checkpoints are:

• Entry into childcare, transitional kindergarten/kindergarten, or 7th grade
• Transferring into schools or childcare from out of state or out of the country

Personal Belief Exemptions

Personal belief exemptions that were obtained before January 1, 2016, are still valid until the child reaches the next grade span. For example, if a child had a personal belief exemption in 6th grade, they would still need to comply with vaccination requirements upon entering 7th grade.

Recent Developments

In recent years, there have been efforts to further strengthen California's vaccination laws. In 2019, Senate Bill 276 (SB 276) was proposed, which would have required some vaccine exemptions granted by doctors to be vetted by the state. This bill sparked controversy and led to large crowds of opponents gathering at the state Capitol. Ultimately, Governor Gavin Newsom signed both SB 276 and a second bill, Senate Bill 714 (SB 714), which loosened some restrictions and tightened others.

While California's vaccination laws do not apply to homeschooled children, it's important for parents to be aware of the state's requirements and exemptions. For those considering homeschooling to avoid vaccination requirements, it's crucial to understand the potential impact on their child's education and social development. Additionally, with the ongoing COVID-19 pandemic, vaccination requirements and exemptions may continue to evolve, and parents should stay informed about any changes to the law.

Homeschooling inquiries after Gov. Newsom's mandate

Homeschooling inquiries have been on the rise in California after Governor Gavin Newsom's mandate that all California teachers and staff working on school campuses be vaccinated for COVID-19 or be tested weekly. This mandate has caused concern among parents, with some opting to homeschool their children instead.

In California, children six and over must be enrolled in a legal school. If parents wish to homeschool their children with a vaccine exemption, they have four legal options:

• Establishing their own home-based private school
• Enrolling in a private school that offers independent study (PSP)
• Using a public school independent study program (ISP) or charter school that caters to homeschoolers
• If the parent has a credential, using the tutorial option

It is important to note that the vaccine mandate for California schools is facing uncertainty. Governor Newsom may be walking back his plan to mandate COVID-19 vaccines for K-12 students. The California Department of Public Health has stated that it is "not currently exploring emergency rulemaking to add COVID-19 vaccinations to the list of required school vaccinations."

For parents considering homeschooling, it is essential to carefully review the legal requirements and choose the option that best meets their family's needs. Homeschooling allows parents the freedom to make decisions regarding their children's education, but it also comes with responsibilities such as record-keeping and ensuring compliance with state laws.

Homeschooling as an option for parents who don't want to vaccinate

Homeschooling is an option for parents who do not want to vaccinate their children. In California, children who attend public and private schools are required to be vaccinated. However, there is an exemption for children who are homeschooled and do not receive classroom-based instruction.

In California, parents who wish to homeschool their children have four options:

• Establish their own home-based private school by filing a Private School Affidavit (PSA)
• Enroll in a private school that offers independent study (PSP)
• Use a public school independent study program (ISP) or charter school that caters to homeschoolers
• If the parent has a credential, use the tutorial option

If parents choose to homeschool their children to avoid vaccinations, they must ensure that their children are taught at home with the family and not with a group of unrelated children. Additionally, parents must comply with California's compulsory education law, which requires children over the age of six to be enrolled in a legal school.

California's vaccination law and exemptions

California's vaccination laws require children to be immunised against 10 serious communicable diseases: diphtheria, Haemophilus influenzae Type B (bacterial meningitis), measles, mumps, pertussis (whooping cough), polio, rubella, tetanus, hepatitis B and chicken pox. This applies to children who want to attend public or private schools and childcare centres. However, the law does not apply to homeschooled children.

The law was changed in 2015 to eliminate the 'personal belief' exemption, which allowed parents to opt their children out of immunisations based on their personal beliefs. Now, the only exemption is a medical exemption, which must be signed by a licensed physician or surgeon. This exemption will only apply if the child's medical circumstances are such that immunisation is unsafe under the standard of medical care.

If parents do not want to immunise their children, they have three options: obtain a medical exemption, enrol their children in homeschooling or independent study without classroom instruction, or have their children evaluated and enrolled in special education services.

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