Hostname: page-component-848d4c4894-x5gtn Total loading time: 0 Render date: 2024-05-02T12:28:41.167Z Has data issue: false hasContentIssue false

Off the Grid: Vaccinations among Homeschooled Children

Published online by Cambridge University Press:  01 January 2021

Extract

Every September, millions of parents around the country herd their children into pediatricians’ offices with school immunization forms in hand. Their kids have already received a dozen or more shots before the age of two, and, depending on the state in which they live, a dozen more may await them over the ensuing decade. To protect public health, states require that parents have their children immunized before they are permitted to attend public or private school, but the rules vary for homeschooled children. With the spectacular growth in the number of homeschooled students, it is becoming more difficult to reach these youth to ensure that they are immunized at all. These children are frequently unvaccinated, leaving them open to infection by diseases that have been all but stamped out in the United States by immunization requirements. States should encourage parents to have their homeschooled students vaccinated by enacting the same laws that are used for public school students, enforcing current laws through neglect petitions, or requiring that children be immunized before participating in school-sponsored programs.

Type
Independent
Copyright
Copyright © American Society of Law, Medicine and Ethics 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

These ages vary by state, but are frequently defined as ages seven through 16. See e.g., Ala. Code § 16-28-3 (1975), Alaska Stat. §14.30.010 (2006), and Colo. Rev. Stat. § 22-33-104 (2000).Google Scholar
See e.g. Ala. Code § 16-28-3 (1975), Alaska Stat. §14.30.010 (2006), and Ariz. Rev. Stat. §15–802 (1990).Google Scholar
Meyer v. Nebraska, 262 U.S. 390 (1923) (holding unconstitutional a Nebraska statute forbidding teaching school in any language other than English).Google Scholar
Pierce v. Society of the Sisters, 268 U.S. 510 (1925).Google Scholar
Prince v. Massachusetts, 321 U.S. 158 (1944).Google Scholar
However, in Wisconsin v. Yoder, 406 U.S. 205 (1972), the Court held that it was acceptable for parents to remove their children from school before the age of 16, without putting the children in a new school, for religious reasons, because the children were Amish in this case. The Court noted a difference between religious and philosophical reasons for exemption from compulsory schooling.Google Scholar
See e.g., Miss. Code Ann. § 41-23-37 (1983) (“It shall be unlawful for any child to attend school…either public or private…unless they had been vaccinated.”)Google Scholar
See e.g., California Department of Health Services, California School Immunization Record, 2006, available at <http://www.dhs.ca.gov/publications/forms/pdf/pm286b.pdf> (last visited May 9, 2007).+(last+visited+May+9,+2007).>Google Scholar
McNeil, D. G., “Worship Optional: Joining a Church to Avoid Vaccines,” New York Times, January 14, 2003, at F1.Google Scholar
Reilly, S. and Gonzalez, A., “Home-Schooling Up,” USA Today, September 1, 2004, at A1.Google Scholar
Texas and Michigan require no registration for parents to home-school children.Google Scholar
Nappen, L. P., “The Privacy Advantages of Homeschooling,” Chapman Law Review 9, no. 1 (2002): 73109, at 80, citing “More Kids Learning at Home, U.S. Says,” Asbury Park Press, August 4, 2004, at A5.Google Scholar
Klicka, C. J., “Homeschooling Expands around the Globe,” October 2, 2001, available at <http://www.hslda.org/hs/international/200110020.asp> (last visited January 14, 2006). (“Home schooling is gradually but steadily spreading across the world.”)+(last+visited+January+14,+2006).+(“Home+schooling+is+gradually+but+steadily+spreading+across+the+world.”)>Google Scholar
Id. (“Unfortunately, they often find out it is not legal where they live….A number of these parents have also asked Home School Legal Defense Association for assistance as they seek to gain this freedom in their own countries.”)Google Scholar
See Reilly, and Gonzalez, , supra note 10.Google Scholar
S. Bielick, U.S. Department of Education, Homeschooling in the United States: 1999, 2001.Google Scholar
Klicka, C. J., The Right to Home School: A Guide to the Law on Parents' Rights in Education, 2nd ed. (Durham, NC: Carolina Academic Press, 1998): at 2.Google Scholar
But see, e.g., People v. Levisen, 90 N.E.2d 213 (1950) (noting that home instruction may constitute a private school in Illinois).Google Scholar
Some states, like Arizona, Ariz. Rev. Stat. § 15–802 (1990), require that home schools have specific curriculums, submit to home visits like Minnesota, Minn. Stat. Ann. § 120A.22 (2006), affiliate with a home school organization like Delaware, Del. Code Ann. Tit. 14 § 2702 (2006), or take standardized tests like Arkansas, Ark. Code Ann. § 6-18-201 (2003).Google Scholar
McMullen, J., “Behind Closed Doors: Should States Regulate Homeschooling?” South Carolina Law Review 54, no. 1 (2002): 75109, at 83.Google Scholar
Texas Education Agency v. Leeper, 893 S.W.2d 432, 435 (Tex. 1994).Google Scholar
Ala. Code § 16-28-7 (2001) (“[E]ach private tutor…shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education…or to the city superintendent of schools…the names and addresses of all children between the ages of seven and 16 years who have enrolled in such schools.”)Google Scholar
Conn. Gen. Stat. Ann. § 10–184 (West 2002). (If “the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools [then such] parent or person shall personally appear at the school district office and sign a withdrawal form. The school district shall provide such parent or person with information on the educational options available in the school system and in the community.”)Google Scholar
Mass. Gen. Laws Ann. ch. 76, § 1 (West 2002) (instructing that school superintendents may approve alternative educational systems for children).Google Scholar
Ohio Rev. Code Ann. § 3321.04 (A)(2) (1995) (The district superintendent may permit homeschooling after determining that “the child is being instructed at home by a person qualified to teach the branches in which instruction is required, and such additional branches, as the advancement and needs of the child may, in the opinion of such superintendent, require.”)Google Scholar
S.C. Code Ann. §§ 59-65-45 (2001) (“[P]arents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools.”)Google Scholar
W. Va. Code § 18-8-1(c)(2)(A) (2003) (“Annually, the person or persons providing home instruction shall present to the county superintendent or county board a notice of intent to provide home instruction and the name, address, age and grade level of any child of compulsory school age to be instructed.”)Google Scholar
Wis. Stat. Ann. § 115.30(3) (West 1999) (Every “home-based private educational program shall submit, on forms provided by the department, a statement of the enrollment on the 3rd Friday of September.”)Google Scholar
State v. Whisner, 470 S.2d 181 (1976) (adopting Wisconsin v. Yoder, 406 U.S. 205 [1972] for Ohio).Google Scholar
Jackson, C. L., “State Laws on Compulsory Immunization in the United States,” Public Health Report 84, no. 9 (1969): 787795, at 787.CrossRefGoogle Scholar
Jacobson v. Massachusetts, 197 U.S. 1 (1905).CrossRefGoogle Scholar
Id., at 25 (“[T]he police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and public safety.”) It is clear that among the exemptions implied was that the government could not take citizens aside on the street and demand to inject them with vaccinations, as what happened to the plaintiff in this case.Google Scholar
Fowler, W., “Principal Provisions of Smallpox Vaccination Laws and Regulations in the United States,” Public Health Reports 56 (1941): 167173, at 167 (laying out smallpox vaccination statistics).CrossRefGoogle Scholar
Zucht v. King, 260 U.S. 174, 176 (1922).Google Scholar
Anderson, R. M. and May, R. M., Infectious Diseases of Humans: Dynamics and Control (Oxford, England: Oxford University Press, 1991): at 31.Google Scholar
National Network for Immunization Information, “Immunization Issues: Community Immunity,” May 23, 2006, available at <http://www.immunizationinfo.org/immunization_issues_detail.cfv?id=26> (last visited May 9, 2007).+(last+visited+May+9,+2007).>Google Scholar
Parmet, W. E., Goodman, R. A. and Farber, A., “Individual Rights versus the Public's Health – 100 Years after Jacobson v. Massachusetts,” New England Journal of Medicine 352, no. 7 (February 17, 2005): 652654, at 652.CrossRefGoogle Scholar
See e.g., Ala. Code § 16-30-3 (2) (1975) (“A competent medical authority may provide an individual exemption, to be presented to the admissions officer of the school), 4 Alaska Admin. Code tit. 4, § 06.055 (b)(2) (2006) (“Affidavit signed by a licensed doctor… stating that immunization would be hazardous to the health and welfare of the child or to members of his family or household.”)Google Scholar
See e.g., Colo. Rev. Stat. § 25-4-901(2)(a), (b)(2) (2000) (“A signed statement that the child or parent ‘is an adherent to a religious belief whose teachings are opposed to immunizations….’”)Google Scholar
See e.g., Ariz. Rev. Stat. § 15–873 (A)(1) (1990) (“The parent… may submit a signed statement to the school administrator stating that they have received information from the department of health services, understand the risks and benefits of immunization and non-immunization, and that due to personal beliefs do not consent to immunization.”)Google Scholar
N.Y. Pub. Health § 2164.8.Google Scholar
See McNeil, D. G., supra note 9.Google Scholar
Brown v. Stone, 378 So. 2d. 218 (Miss. 1979), cert. denied 449 U.S. 887 (holding that Miss. Code Ann. § 41-23-37 [1972], which allowed religious exemptions to vaccination requirements, was unconstitutional under the Fourteenth Amendment to the U.S. Constitution).Google Scholar
Miss. Code Ann. § 41-23-37 (1983) (It “shall be unlawful for any child to attend any school, kindergarten or similar type facility intended for the instruction of children (hereinafter called ‘schools’), either public or private, with the exception of any legitimate home instruction program…unless they shall first have been vaccinated against those diseases specified by the state health officer.”)Google Scholar
105 Ill. Comp. Stat. 5/27–8.1 (6) (2005) (noting that all schools, including private and home schools, must report “the number of children who have received the necessary immunizations” and “the number of children who are exempt”).Google Scholar
N.C. Gen. Stat. Ann. §§39–115C-548, −556 (West 2001).CrossRefGoogle Scholar
See Parmet, , Goodman, and Farber, , supra note 37.Google Scholar
Serpell, L. and Green, J., “Parental Decision-Making in Childhood Vaccination,” Vaccine 24, no. 19 (2006): 40414046, at 4045. (“People are, reasonably enough, more likely to believe the reassuring part of a message if they feel they are being given all the negative information.”)Google Scholar
Id., at 4041–42, quoting Neumann, D. and Garel, M. et al., Attitudes about Childhood Immunization – 2003 Survey Results, paper presented at the 38th National Conference Immunization Conference, 2004.Google Scholar
Taylor, B., Miller, E., Farrington, C. P. et al., “Autism and Measles, Mumps and Rubella Vaccine: No Epidemiological Evidence for a Causal Association,” Lancet 353, no. 9169 (1999): 2026–29.CrossRefGoogle Scholar
Stoto, M. A., Evans, G. and Bostrom, A., “Vaccine Risk Communication,” American Journal of Preventative Medicine 13, no. 3 (1998): 237239, at 237.CrossRefGoogle Scholar
Diekama, D. S., “Responding to Parental Refusals to Immunization of Children,” Pediatrics 115, no. 5 (May 2005): 14281431, at 1429.CrossRefGoogle Scholar
See Jacobson, , supra note 31.Google Scholar
See Center for Disease Control, “Update, Multistate Outbreak of Mumps – United States, January 1-May 2, 2006,” available at <http://www.cdc.gov/mmwr/preview/mmwrhtml/mm55d518a1.htm> (last visited May 9, 2007) (noting that, in mumps outbreaks, “accumulation of susceptible persons who were not successfully immunized might be sufficient to sustain transmission in certain settings”).+(last+visited+May+9,+2007)+(noting+that,+in+mumps+outbreaks,+“accumulation+of+susceptible+persons+who+were+not+successfully+immunized+might+be+sufficient+to+sustain+transmission+in+certain+settings”).>Google Scholar
N.C. Gen. Stat. Ann. §§39–115C-548, −556 (West 2001).CrossRefGoogle Scholar
See Miss. Code, supra note 44.Google Scholar
See Diekama, , supra note 52 (describing the “limited circumstances under which parental refusals should be referred to child protective services agencies.”).Google Scholar
Id., at 1429.Google Scholar