Help with legal wording??
Moms View Message Board: General Discussion: Archive August 2007:
Help with legal wording??
Ok, as I stated on the parenting board recently, I am taking legal exemption for vaccines require by the state of Kansas to enroll the children in school. Today, when requesting the form, the nurse told me I would have to provide "documentation from the church stating they are against vaccinations." (Only religious and medical waivers are allowed in KS) From what the KS statutes says, I do not believe they can require that, I only have to provide a written statement that we are taking exemption because the vaccines are against our religious beliefs. Is anyone more familiar with laws, and possibly decipher this statute further? TIA
K.S.A. § 72-5208
Chapter 72.--SCHOOLS
Article 52.--HEALTH PROGRAMS
72-5208. Health tests and inoculations; definitions. As used in this act:
(a) "School board" means the board of education of a school district and the governing authority of any nonpublic school;
(b) "school" means all elementary, junior high, or high schools within the state;
(c) "local health department" means any county or joint board of health established under the laws of Kansas and having jurisdiction over the place where any pupil affected by this act may reside;
(d) "secretary" means the secretary of the state department of health and environment;
(e) "physician" means a person licensed to practice medicine and surgery.
History: L. 1961, ch. 354, § 1; L. 1978, ch. 291, § 1; July 1.
72-5209. Same; certification of completion required, alternatives; duties of school boards. (a) In each school year, every pupil enrolling or enrolled in any school for the first time in this state, and each child enrolling or enrolled for the first time in a preschool or day care program operated by a school, and such other pupils as may be designated by the secretary, prior to admission to and attendance at school, shall present to the appropriate school board certification from a physician or local health department that the pupil has received such tests and inoculations as are deemed necessary by the secretary by such means as are approved by the secretary. Pupils who have not completed the required inoculations may enroll or remain enrolled while completing the required inoculations if a physician or local health department certifies that the pupil has received the most recent appropriate inoculations in all required series. Failure to timely complete all required series shall be deemed non-compliance.
(b) As an alternative to the certification required under subsection (a), a pupil shall present:
(1) An annual written statement signed by a licensed physician stating the physical condition of the child to be such that the tests or inoculations would seriously endanger the life or health of the child, or
(2) a written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such tests or inoculations.
(c) On or before May 15 of each school year, the school board of every school affected by this act shall notify the parents or guardians of all known pupils who are enrolled or who will be enrolling in the school of the provisions this act and any policy regarding the implementation of the provisions of this act adopted by the school board.
(d) If a pupil transfers from one school to another, the school from which the pupil transfers shall forward with the pupil's transcript the certification or statement showing evidence of compliance with the requirements of this act to the school to which the pupil transfers.
History: L. 1961, ch. 354, § 2; L. 1965, ch. 412, § 1; L. 1970, ch. 283, § 1; L. 1975, ch. 462, § 107; L. 1978, ch. 291, § 2; L. 1981, ch. 285, § 1; L. 1993, ch. 89, § 1; L. 1994, ch. 206, § 1; July 1.
I have the feeling I'm in for quite a fight here, and will be looking into legal recourse, but I would like to get through this with as little fuss as possible.
Did you look into the titres I mentioned? The blood test to show the strength of their immunity to chicken pox? Will your school accept that instead of a booster?
You should be able to find examples of religious exemption letters from Kansas parents online.
Good luck....I fully support you on this!
2) a written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such tests or inoculations
I think the nurse is mistaken.
http://www.vaclib.org/exempt/kansas.htm
this site has forms you can use and towards the middle of the page has exactly what you want.
The site Colette found is one that I used when I looked this up for you earlier. I think it may have enough there to really help you get through this. I truly hope you don't have a fight on your hands and going in there, knowledgeable and prepared should help. Quite honestly, I think the nurse was trying to bully you into just complying with their requirements since there are very few churches that would write that letter. Good luck! You know I support you in this.
Well, all of that stress and worry for nothing. I took them to their physicals today, and mentioned to the doctor that they had the chicken pox when they received the first dose of the vaccine. She wrote me an exemption on their shot record. I dislike the idea of lying to a doctor, but this state doesn't give me many options. So, no varicella vaccine, they are up-to-date on everything else, and by the time I have another child to face this with, I will not live here!! Thank you for the support, I know this is a hot-button issue, and I appreciate being able to come here for advice without criticism.  Oh, and I agree that the nurse was trying to bully me into compliance, Kansas (government, at least) is not very permitting of differing opinions.
I am glad you got this cleared up. I was going to suggest going to a church and getting a letter written up by a clergyman, but it sounds like you have this all wrapped up!
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