State Guidance Intended to Clarify Immunization Law May Raise More Questions, Concerns for School Districts

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As summer draws to an end, New York state school districts have a new round of reading material related to the change in immunization law that Governor Cuomo signed in June. Likely prompted by the complex ramifications and controversial nature of the law, the State Education Department and Department of Health jointly released a third round of guidance on August 16. The first two rounds were issued on June 18 and July 22. This additional state guidance intends to clarify immunization law, but may raise more questions and concerns for school districts.

Due to a spike of measles outbreaks in certain regions of the state, the law made clear that religious or nonmedical exemptions to vaccines were no longer valid; only valid medical exemptions are now permitted. The latest round of guidance confirms that unimmunized students with disabilities who are homeschooled by their parents are still entitled to receive special education services; but these students cannot be on school grounds or school buses to receive these services.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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