NAVIGATING THE NEW VACCINE LAW IN CALIFORNIA
Thanks to Bob Sears, M.D. who provided the information contained in this article in an open letter to parents in
the state of California. Dr. Sears is a California pediatrician who offered expert testimony in opposition to SB
277 before legislative committees during deliberations of the bill.
The new forced vaccination law for California school-aged children, SB277, passed both houses of the
legislature and was signed into law by Governor Brown on June 30, 2015. The new law eliminates the ability of
parents to exempt their child from vaccination for personal/philosophic and religious reasons. The law goes into
effect for the 2016/2017 school year.
The sole remaining exemption from compliance with the CDC-recommended vaccine schedule in California
that is available to parents is a medical exemption. The following excerpt from SB277 defines medical
exemption:
“If the parent or guardian files with the governing authority a written statement by a licensed physician to the
effect that the physical condition of the child is such, or medical circumstances relating to the child are such,
that immunization is not considered safe, indicating the specific nature and probable duration of the medical
condition or circumstances, including, but not limited to, family medical history, for which the physician does
not recommend immunization, that child shall be exempt…to the extent indicated by the physician’s statement.”
Parents who prefer to skip vaccines in whole or in part still have a few other options to consider:
A “grandfather” clause in the bill allows unvaccinated children to remain in school until they reach a
“checkpoint” year. Checkpoint years are as follows: when a child first enrolls in a new school (no matter what
age), when a child reaches kindergarten, and when a child reaches 7th grade. Upon enrollment in the 7th grade,
a child will be required to either catch up on all missing vaccines, or begin catching up on missing vaccines
using a “conditional” entry to school, described below.
A teen enrolled in 7th grade or above is also grandfathered, unless he or she changes school districts.
Unvaccinated preschoolers enrolled with a current Personal Belief Exemption (PBE) continue their exemption
until enrollment in kindergarten.
Children enrolled in a transitional kindergarten who have a PBE and remain in the same school are also
grandfathered. Note: PBE forms must be submitted before the end of 2015.
For children not grandfathered and not exempted for medical reasons, California will still allow a “conditional”
entry into school. This means a child not in compliance with current vaccine requirements can still be enrolled,
if a plan to eventually complete vaccination is in place. In such cases a written letter from the child’s doctor is
required that outlines the plan. Schools have some flexibility on this point, and children may be able to spread
the required vaccines out over a few years.
A concession made by the lawmakers in California is that children who qualify for an Individualized Education
Plan (IEP) utilizing special education services will not be subject to the mandatory vaccination law. This means
that most children with special needs will be allowed to attend school regardless of vaccine status.
Children who are homeschooled are exempt from vaccination requirements according to the new law.
Homeschool during preschool and kindergarten is a viable option, since full vaccination is not a requirement for
children being homeschooled. Home-based education was already becoming more popular before mandatory
vaccination laws were introduced. Some families embrace this lifestyle, and many children and families thrive
outside of standard educational systems. This new law will likely prompt more families to make this choice.
Homeschooling doesn't necessarily mean kids need to be isolated and educated one-on-one with one of the
parents as a full-time teacher. Co-op programs, in which families group their children together for educational,
social, athletic, and cultural experiences will become more popular. Parents won't be the only ones responsible
for teaching; they can share duties with other parents, tutors, even private teachers, and such costs can be shared
among many families. Parents should be able to work part-time outside the home if desired or needed.
For parents seeking a medical exemption, here are some of the circumstances that may prompt a doctor to
authorize one for a child or family:
-A child previously suffered a severe vaccine reaction.
-Siblings of a child previously suffered a severe vaccine reaction.
-A parent previously suffered a severe vaccine reaction.
-Other, more distant relatives previously suffered a severe vaccine reaction. Prior adverse vaccine reactions that
occurred in grandparents, aunts and uncles, or cousins are less concerning in this regard, as the genetic risks are
not as closely shared. However, parents can and should discuss such medical histories with their physician.
-A child with a current severe medical condition or chronic health condition. Parents whose child suffers a
chronic illness or a temporary, moderate-to-severe condition should discuss with their doctor whether or not that
condition warrants temporary or permanent exemption.
-A family history of severe medical conditions. There is a growing body of research linking vaccination and an
increased risk of autoimmune disease. Families with lupus, rheumatoid arthritis, celiac disease, fibromyalgia,
multiple sclerosis, type I diabetes, and other autoimmune conditions can and should discuss exemptions.
Families with neurodevelopmental or psychiatric conditions can also discuss this with their doctor. The greater
the number of familial diseases, and the closer in the family they occur to the child in question, the more likely
is the need to consider exemption.
-Autism in the family. Many families will consider seeking exemptions for a child with autism and the rest of
their children. Autism in more distant relatives would be less of a concern for a baby but can be considered.
-Other learning and behavioral disorders in the family. Disorders that are less severe than autism, such as
ADHD, ODD, and others, are less of a concern but warrant consideration by families and their doctors.
-Allergies in the family. This is perhaps one of the most common disorders for which families may try to get a
medical exemption. If a family’s challenges are significant, such as multiple close family members with asthma,
eczema, and life-threatening food allergies, consideration for exemption could be valid.
-Genetic abnormalities in a family. There is a growing trend to perform genetic testing on families to evaluate
current medical problems and to predict future health risks. Some have theorized that genetic defects that impair
detoxification and antioxidant function in the body may increase the risk of severe vaccine reactions. It is
important to know that no research has yet been done to determine if this is true. One particular gene variation
which exists in most families with autism is called the MTHFR gene, and many such families believe this gene
defect warrants medical exemption from vaccines. Until research supports this theory, this couldn't be used as a
definite reason for exemption. Doctors certainly have the right to consider anything they want to, but I can't find
any medical justification for this yet.
Many parents choosing to not vaccine their children may wish to hold off on pursuing a medical exemption
altogether at this time, since it may be years before one is actually needed. In fact, many students will not need
one. The grandfathering clause and having an IEP both allow for vaccination exemption.
In California, no specific exemption form exists at this time; the exemption is simply a letter from the doctor.
Parents will submit it to the school, and the school administrator will determine whether or not the letter meets
the legal guidelines of the state. Since very few school administrators have the medical expertise to understand
or contradict a medical doctor's opinion on this, it is likely that most such letters will be accepted. If the letter is
not accepted, parents may attempt to enroll the child into another school where the school staff is more
understanding. For example, standard public schools will likely be stricter than charter public schools or small
private schools.
The bottom line is that it is imperative that all families and doctors operate within the guidelines of the law and
the standard of medical care. There is no certain medical standard of care on this issue. That will evolve over
time.
What options are there for parents who do not want to vaccinate, but cannot get a medical exemption,
cannot home school, and cannot move out of California? Unfortunately, for some families the only
choices are to move out of state or else try to work the system within the confines of the law. A
conditional entry vaccine plan may be the best way to keep a child in school; parents can work with the
doctor and the school to find the best plan to gradually introduce vaccines slowly, one-at-a-time, spread
out over many years. Parents may explore the schools in the area to learn which are more friendly
toward families who submit medical exemptions, as these schools are likely to also be more lenient with
conditional entry plans (such as public charter schools or small private or religious schools).
WHAT SHOULD YOU DO RIGHT NOW?
If your child is grandfathered in, don't do anything at this time other than stay in the same school if possible. Be
sure to get in a PBE form before 2015 ends. When the grandfathering time runs out (your child reaches
kindergarten, 7th grade, or you have to change schools), make an appointment with a doctor to discuss other
options.
Get your child into a school this year so you can be grandfathered in for at least a few years.
If your child has an IEP, don't do anything. Stay in school. Never let that IEP go. Your child can remain
unvaccinated.
If you feel your child may qualify for a medical exemption, and is NOT grandfathered in, and does NOT have
an IEP, make an appointment with a doctor to discuss a medical exemption. Please don't ask for one if your
child has another way out at this time (i.e., if the child is grandfathered in, or has an IEP).
If none of these options is available, but you still wish to opt out of vaccines, make an appointment with a
medical doctor to discuss a conditional vaccine plan that will at least get your child started in school.
For ongoing updates, follow Dr. Bob on his Dr. Bob Sears Facebook page and on www.DrBobsDaily.com