SB 277 and Immunization of Special Education Students (K-12)
On June 30, 2015, Governor Jerry Brown signed Senate Bill (SB) 277 into law. SB 277 eliminated the personal belief exemption that allowed parents or guardians to opt out of immunizations for certain infectious diseases before admission to any private or public elementary or secondary school or daycare center.
LEGAL UPDATE
May 26, 2016
To: Superintendents, Member School Districts (K-12)
From: Jennifer E. Nix, Assistant General Counsel
Subject: SB 277 and Immunication of Special Education Students
Memo No. 17-2016
On June 30, 2015, Governor Jerry Brown signed Senate Bill (SB) 277 into law. SB 277 eliminated the personal belief exemption that allowed parents or guardians to opt out of immunizations for certain infectious diseases before admission to any private or public elementary or secondary school or daycare center.
SB 277 amended Section 120335(h) of the Health and Safety Code to read:
This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program.
The California Department of Public Health, Immunization Branch, on its “Shots for School” website (www.shotsforschool.org), stated the following:
Students who have an individualized education program (IEP) should continue to receive all necessary services identified in their IEP regardless of their vaccination status.
However, parents or guardians must continue to provide immunization records for these students to their schools, and schools must continue to maintain and report records of immunizations that have been received for these students.
The California Department of Education has stated that it will not be giving guidance on how to interpret this provision.
If a school district allows a special education student to attend school and receive special education and general education services in accordance with the student’s IEP, our office is recommending that school districts not require students receiving special education and related services to comply with the required immunizations in order to access their special education and related services to which they are legally entitled, including instruction in general education classrooms.
However, because these students are not exempt from the law, our office recommends sending out two letters to the parents of non-immunized special education students who are required to comply with the immunization requirements[1]: (1) one letter at the beginning of the school year informing parents that special education students are not exempt from the immunization requirements; and (2) monthly letters thereafter reminding parents of this fact. Sample language for both letters is provided as attachments to this Legal Update.
Please contact our office with questions regarding this Legal Update or any other legal matter.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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[1] Any student with a personal-belief exemption filed by December 31, 2015, is permitted to rely on that exemption until he or she enters the next grade span (kindergarten to 6th grade; 7th grade to 12th grade).
