{"id":57248,"date":"2021-05-12T00:00:03","date_gmt":"2021-05-12T04:00:03","guid":{"rendered":"https:\/\/world.edu\/?p=57248"},"modified":"2021-05-11T16:20:57","modified_gmt":"2021-05-11T20:20:57","slug":"can-schools-require-covid-19-vaccines-for-students-now-that-pfizers-shot-is-authorized-for-kids-12-and-up","status":"publish","type":"post","link":"https:\/\/world.edu\/can-schools-require-covid-19-vaccines-for-students-now-that-pfizers-shot-is-authorized-for-kids-12-and-up\/","title":{"rendered":"Can schools require COVID-19 vaccines for students now that Pfizer\u2019s shot is authorized for kids 12 and up?"},"content":{"rendered":"

\"\"<\/p>\n

With the first COVID-19 vaccine now\u00a0authorized for adolescents<\/a>, ages 12 and up, a big question looms: Will students be required to get the vaccine before returning to their classrooms in the fall?<\/p>\n

As a\u00a0professor of education policy and law<\/a>\u00a0and a former attorney for school districts, I regularly think about this sort of question.<\/p>\n

In the United States,\u00a0school vaccination requirements are established by states<\/a>\u00a0rather than the federal government. The\u00a010th Amendment<\/a>\u00a0to the U.S. Constitution allows states to make regulations protecting\u00a0public health<\/a>.<\/p>\n

Every state currently requires K-12 students to be vaccinated against some diseases, although the requirements \u2013 including\u00a0which shots<\/a>\u00a0are deemed necessary and the\u00a0reasons students can opt out<\/a>\u00a0\u2013 vary from one state to another.<\/p>\n

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Who can opt out of school shots?<\/h4>\n

No state yet requires students to receive a COVID-19 vaccine, but how states manage other vaccines and exemptions, and how the rules can change during outbreaks, can help us think about how a COVID-19 vaccine requirement might work.<\/p>\n

For example, students in all states can be exempt from vaccination requirements if they have a valid\u00a0medical reason<\/a>, such as a weakened immune system or allergic reaction to a vaccine.<\/p>\n

In\u00a044 states<\/a>, students also can opt out of vaccination requirements for\u00a0religious reasons<\/a>, though\u00a0most major religions do not prohibit vaccines<\/a>. Some states\u00a0are considering rescinding religious exemptions<\/a>\u00a0because of concern about declining levels of vaccinations and local outbreaks of diseases such as measles.\u00a0Connecticut<\/a>\u00a0rescinded its religious exemption in April 2021.<\/p>\n

Fifteen states<\/a>\u00a0permit philosophical exemptions based on moral or ethical concerns. According to the Centers for Disease Control and Prevention,\u00a0only about 2.5%<\/a>\u00a0of U.S. kindergartners used an exemption last year, the same as the previous year, and most were for religious or philosophical reasons.<\/p>\n

\"\"<\/p>\n

Of particular importance right now is that\u00a0states also take different approaches to exemptions during an outbreak<\/a>. Thirty-two states ban unvaccinated students from attending school during an outbreak. A handful of states do not allow vaccine exemptions during an outbreak.<\/p>\n

What the courts say about mandatory vaccines<\/h4>\n

The U.S. Supreme Court has supported states\u2019 authority to make these decisions for over a century.<\/p>\n

In May 1901,\u00a0a smallpox epidemic began in Boston<\/a>. Now-familiar disease prevention measures were put into place: Sick patients were quarantined for treatment, and the city began a free, voluntary vaccination program. By December of that same year, the city had not contained the epidemic, so a local health commission required all adult residents to be vaccinated under the authority granted by the state.<\/p>\n

The local government fined those who refused to be vaccinated, and one man disputed this fine by suing the state of Massachusetts. In 1905, the Supreme Court heard his case and held that a state can require vaccination in the\u00a0interest of public health<\/a>.<\/p>\n

Today, some\u00a0health law experts<\/a>\u00a0think vaccination requirements are important enough that they can still\u00a0trump claims including individual religious liberty<\/a>, while others are\u00a0more skeptical<\/a>.<\/p>\n

The COVID-19 vaccines have one key difference \u2013 they\u00a0have only emergency use authorization<\/a>\u00a0at this point, not full FDA approval. The\u00a0FDA\u2019s emergency use statute<\/a>\u00a0says people receiving the drug must be informed \u201cof the option to accept or refuse administration of the product\u201d but also \u201cof the consequences, if any, of refusing.\u201d How a lack of full approval would affect state decisions about school vaccine mandates and how the courts might view those decisions remains to be seen.<\/p>\n

In another context, military service members can be required to receive vaccines but are\u00a0allowed under federal law to opt out of vaccines that have only emergency use authorization<\/a>, unless the\u00a0president waives<\/a>\u00a0that provision.<\/p>\n

Pfizer, the drugmaker whose vaccine received emergency use authorization for adolescents on May 10, 2021, has\u00a0started the review process for full approval<\/a>\u00a0for use in ages 16 and older. The review for adolescents\u00a0will start later<\/a>. Vaccine testing is still underway for younger children.<\/p>\n

Vaccinations for adolescents\u00a0could start within days<\/a>\u00a0of the FDA authorization, once a committee advising the Centers for Disease Control and Prevention makes a recommendation, expected May 12.<\/p>\n

Can individual schools issue their own requirements?<\/strong><\/h4>\n

Because states enact vaccine requirements to protect public health, school vaccine requirements generally apply to\u00a0public and private K-12 schools, and also to daycare facilities<\/a>. Only a handful of\u00a0states require college and university students to be vaccinated<\/a>, so in practice, determining and enforcing vaccine requirements is usually up to individual higher education institutions.<\/p>\n

A\u00a0growing number of colleges and universities<\/a>\u00a0have announced that they will require all students who plan to be on campus to receive the COVID vaccine. Other institutions are requiring the vaccine only for students\u00a0who want to live in dorms<\/a>. However,\u00a0at least one state legislature<\/a>\u00a0\u2013\u00a0Michigan\u2019s<\/a>\u00a0\u2013 is considering barring state universities from requiring vaccines as a condition of taking in-person classes, contending a vaccine requirement would infringe on matters of individual choice.<\/p>\n

This raises the interesting question of whether an individual school district, like an individual college or university, could require students to be vaccinated against COVID-19.<\/p>\n

\"\"

Students who live in dorms at Kent State University will be able to avoid weekly COVID-19 tests if they get the vaccine. AP Photo\/Phil Long<\/p><\/div>\n

When school vaccine requirements began in the late 19th century, the goal was to prevent the spread of smallpox.\u00a0By 1915<\/a>, 15 states and Washington, D.C., required students to receive the smallpox vaccine, and\u00a021 other states<\/a>\u00a0allowed local governments such as school districts and county health departments to impose such a requirement.<\/p>\n

School vaccination\u00a0requirements have proliferated<\/a>\u00a0over the past century, in response to both specific outbreaks and the growing acceptance of vaccine mandates as public health policy. Although most vaccination requirements have been issued at the state level in recent decades, whether school districts can add to the list of required vaccines remains an open question, and may vary by state.<\/p>\n

It is also a question that courts will likely soon engage. In January 2021, the\u00a0Los Angeles Unified School District<\/a>\u00a0announced that it plans to require its students to receive the COVID vaccine once a vaccine is approved and available. Los Angeles Unified is the nation\u2019s largest school district. As fall nears \u2013 and assuming clinical trials continue to demonstrate both efficacy and safety \u2013 we may see more districts pursue this option.<\/p>\n<\/div>\n

Author Bio:<\/strong> Kristine Bowman is <\/span>Professor of Law and Education Policy at Michigan State University<\/em><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

With the first COVID-19 vaccine now\u00a0authorized for adolescents, ages 12 and up, a big question looms: Will students be required to get the vaccine before returning to their classrooms in the fall? As a\u00a0professor of education policy and law\u00a0and a former attorney for school districts, I regularly think about this sort of question. In the […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":57249,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15645],"tags":[13528],"coauthors":[11733],"class_list":["post-57248","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education","tag-vaccination"],"acf":[],"yoast_head":"\nCan schools require COVID-19 vaccines for students now that Pfizer\u2019s shot is authorized for kids 12 and up? - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/can-schools-require-covid-19-vaccines-for-students-now-that-pfizers-shot-is-authorized-for-kids-12-and-up\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Can schools require COVID-19 vaccines for students now that Pfizer\u2019s shot is authorized for kids 12 and up? - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"With the first COVID-19 vaccine now\u00a0authorized for adolescents, ages 12 and up, a big question looms: Will students be required to get the vaccine before returning to their classrooms in the fall? 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