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:
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.
What if my school district says there is no exemption for the new Tdap vaccine?
Contact numbers are posted at:
for a letter from the CDE with contact numbers for CDPH and the CA School Nurse Consulant.People in California who are willing to help with exemptions are posted here:
http://vaclib.org/legal/stateresource.htm#cContact VacLib.org/VaccineTruth.net for exemption information:
http://www.vaclib.org/perl/perlmail.plNVIC Advocacy Portal
will have a list of individuals active with California exemption issues. Send a message asking to be put in touch with someone in your county or school district who can help with California exemptions.
Should I leave the wording of CDPH 8261 as it stands?
Parents should sign only statements that they believe.
Parents should not sign statements that are possibly self incriminating. See
here for more information.The following appear to be opinions of CDPH: Unvaccinated = unimmunized, the Tdap booster will prevent pertussis, no other way than vaccination exists to immunize, etc.
- 1. Sign the form as is.
- 2. Or cross out sentence two in the form.
- 3. Or print above sentence two, something like this:
I acknowledge that I have read the following two statements made by the CDPH:[This suggestion is graphically illustrated
- 4. You may wish to write your own affidavit. (Show the school the law, section 120365)
- 5. You may wish to consult your legal council before signing the form.
“I hereby request exemption of the child, named on the front, from the immunization requirements for school/child care entry because all or some immunizations are contrary to my beliefs. I understand that in case of an outbreak of any one of these diseases, the child may be temporarily excluded from attending for his/her protection.”
http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/pm286b.pdf second page (back)
grades). (they give you this to sign somehow)
Signing the back of the Blue Card is not sufficient for exempting Tdap
• Fill out form CDPH 8261 with Student information
• Form MUST be signed by parent/guardian
and there are parts on the form that you may want to cross out (and initial that you crossed it out) and sign out – otherwise you implicate yourself as ‘knowing it is dangerous to not vaccinate”
Trackback Original Blog: http://rhawk301.blogspot.com/2011/07/tdap-california-mandatory-vaccination.html