Wednesday, February 08, 2012

Suit Challenges Exclusion of Unvaccinated Students When Disease Occurs

Today's New York Daily News reports that two parents are suing school officials over decisions by two principals to send unvaccinated children home when other students at their schools contracted communicable diseases.  Plaintiffs had invoked a state law that allowed them to object on religious grounds to having their children vaccinated. They are now challenging a Chancellor's regulation that allows principals to exclude unvaccinated children for up to 3 weeks when others have contracted measles, mumps, chicken pox or other similar diseases. Neither plaintiff would disclose their religious affiliation, but one explained: "It is my opinion that resorting to vaccinations demonstrates a lack of faith in God, which would anger God and therefore be sacrilegious." The suit was originally filed in state court but has been removed to federal district court in Brooklyn where the court may schedule an emergency hearing soon.