Usually the issue of a child’s unvaccinated status will arise upon registration for school or day care. Schools require an immunization record, and parents must have proof that their child has been vaccinated, signed by a health care provider. Schools become involved in the vaccination campaign because state and local governments receive federal funding for immunization programs. The federal Public Health Service Act, 42 U.S.C. § 262 requires that participating governments must have a "... plan to assure that children begin and complete their immunizations on schedule ..." and "a plan to systematically immunize susceptible children at school entry through vigorous enforcement of school immunization laws" (42 C.F.R. § 5lb.204). Specific exemption clauses are included within each state’s immunization law. When the exemption is accepted by the school or the health department, the issue is resolved. If a request for exemption is denied, then parents may appeal that decision. Parents who continue to have difficulty with school and governmental authorities may need to seek legal counsel.

Many attorneys and individuals are working to ensure freedom of choice in the area of child vaccination. One organization in particular, Dissatisfied Parents Together (DPT), has been instrumental in the passage of legislation that protects children and their parents (see Appendix B: Resources). If a parent makes the choice to avoid a required vaccine, then support for that decision is available.

Options for Legal Exemption from Vaccines

1. Use the philosophical belief exemption, if available in your state.
   Nineteen states provide the option of personal or philosophical belief exemptions. This means that parents need not justify their preference for avoiding vaccines except to say that they are philosophically opposed to their children receiving them. Parents residing in states that provide a philosophical exemption must sign a form or write a letter that says immunization is contrary to their beliefs. Some states provide a waiver statement on the school district immunization record forms included with registration materials. Other states require a written statement from the parents. Parents need only request the immunization exemption form at their school district office when enrolling their child in school, or present the school district a simple letter.

2. Find a doctor willing to write a medical exemption.

3. Develop a personal legal case for religious exemption, with the help of an attorney.

Parents seeking a religious exemption need to submit a letter to the school stating their desire for a waiver of vaccines based on their religious belief. The wording of such a letter is important, and should conform to the wording of the statute governing exemptions. It should also state the parents’ sincere beliefs, related in such a way that they can be interpreted by the court as religious. The wording of the immunization law can be obtained from the state health-department’s immunization office.

Parents seeking such an exemption should contact an attorney who specializes in immunization law. They must construct a solid legal case based on their individual situation, their state law, and their own beliefs. Since religious belief can be interpreted broadly, a wide range of personal beliefs and philosophies will qualify parents for a religious exemption. The case that is constructed in the letter must conform to the legal arguments that will be used in litigation if the school and state government authorities reject the parents’ petition for exemption. A well-constructed case and an attorney’s arguments will usually prevent litigation. The small cost of involving an attorney early in this process will help prevent the major expense of going to court later.