School Vaccine Exemption Laws: State Guide

Vaccination is an important public health measure. Through vaccination, we are protected from certain diseases. The federal government, via the CDC, decides which vaccines can guard against communicable diseases. State governments set different school vaccine laws.

Immunization requirements vary from state to state. Each state requires children to be vaccinated for certain diseases before entering school or daycare. This includes children who attend public schools or state-licensed child care centers, family day care homes, and private schools.

In many states, immunization laws or mandates require children aged four or older who are entering school or daycare need immunization against:

• Poliovirus vaccine (IPV)
• Two doses of the measles, mumps, and rubella vaccine (MMR)
• Hepatitis A vaccine
• Hepatitis B vaccine
• Two doses of the varicella (chicken pox) vaccine
• A booster dose of diphtheria, tetanus, and acellular pertussis vaccine (DTaP)

A child’s pediatrician keeps track of these vaccinations. They can also provide an immunization record when the child starts school or daycare.

This article covers vaccine basics and exemptions. It also provides a chart school vaccination requirements and exemptions by state. For personalized legal advice, contact an attorney near you.

Vaccine Basics

A vaccine is “a preparation to stimulate the body’s immune response against diseases.” Vaccination is the process through which we receive a vaccine. For example, the COVID-19 vaccine is administered by injection. Immunization is not the same as vaccination. Immunization occurs when we are immune to a communicable disease.

Immunity can wane over time, so immunization is not limited to children. Interested adults should consult their local health department, healthcare provider, or pharmacist. College-age adults should learn the school immunization requirements for their institution.

Immunization Programs

The term “immunization programs” refers to all the services that help ensure immunity to vaccine-preventable diseases. These services include vaccine administration and documentation.

Vaccine Recommendations

Medical professionals and one consumer representative make up the CDC’s Advisory Committee on Immunization Practices (ACIP). The ACIP develops vaccine recommendations for the public. The CDC makes recommendations, but state governments can accept or reject those recommendations.

Conflicts can happen when CDC and state guidelines differ. This means childcare and healthcare facilities, for example, can differ on vaccine requirements. For example, either facility can mandate vaccination for its workers but not for the children using the facility. If a child with influenza enters a care facility, everyone is at risk of catching a communicable disease.

Vaccine Exemptions

According to the Centers for Disease Control and Prevention (CDC), all 50 states and the District of Columbia have vaccination exemption laws. The type of vaccine exemption allowed depends on state laws.

Most other states allow vaccine exemptions for religious or personal beliefs. Personal, philosophical, and religious exemptions are all examples of nonmedical exemptions. Now, 44 states, plus the District of Columbia, allow religious exemptions. Only 15 states allow philosophical exemptions.

Parents must submit an exemption form as part of the exemption process. Some states do not grant exemptions during an outbreak. Parents should check with their local Department of Health or the local school for more information.

Religious Exemptions

Most states have religious exemptions with varying requirements. For example, Oregon requires proof of vaccine education for exemption.

Personal Belief Exemptions

Less than half of all states allow exemptions for children whose parents have philosophical or personal belief objections to vaccination. Many personal belief objections concern vaccine safety. Some parents believe vaccines are not safe for their children.

In most cases, parents must file a one-time or annual form with a school district attesting to a personal objection to vaccination.

Medical Exemptions

Every state exempts children from vaccination requirements for medical reasons. Contraindications are one medical reason for an exemption. A contraindication exists when a child has an underlying condition that increases the risk of a serious adverse event. For example, a child with a severely compromised immune system cannot handle all the required immunizations.

State laws and exemption procedures differ significantly, and parents seeking an exemption must file specific documentation with their school district or local health department. This can get overwhelming, fast. Find a healthcare attorney near you for help.

School Vaccination Requirements and Exemptions by State

Find a snapshot of your state’s school vaccine exemptions and linked statute in the table below. It’s not uncommon to be confused by the language in a statute. Scroll past this table to find information on how to find an attorney near you for legal guidance. A local attorney can explain your state’s vaccine laws in plain language and how they apply to your family’s situation.

State laws can change through legislation, court decisions, ballot initiatives, etc. While we strive to provide the most current information available, please consult an attorney or conduct your legal research to verify the state law(s) you are researching.

Get Legal Help With a Vaccine Exemption: Find an Attorney

School vaccine requirements and exemption rules vary significantly by state and school district. If you are facing legal challenges or pushback regarding a medical or religious exemption, speak with a local healthcare lawyer for guidance.

FindLaw’s directory of qualified education attorneys can get you started. It is free to use and publicly accessible. Enter your location (city or ZIP code) to review local legal experts. Your state laws are relevant, so make sure your attorney is licensed in your state. You can also view ratings, background, areas of expertise, and credentials.