Dear Colleagues,
I hope this week’s message find you and your family well. On Friday, Governor Newsom announced plans to add the COVID-19 vaccine to other vaccinations required for in-person school attendance, once it receives full approval from the Food and Drug Administration (currently students are required to be vaccinated against Diphtheria, Tetanus, Pertussis, Polio, Hepatitis B, Measles, Mumps, Rubella, and Chickenpox).
Find a Fact Sheet
here. Below are some of the key highlights:
- This will be accomplished by regulations promulgated pursuant to section 120335(b)(11), which authorizes vaccine requirements for “any other disease deemed appropriate” by CDPH. This is also consistent with the overall intent of the law to achieve “eventual achievement of total immunization” against dangerous childhood diseases. (HSC section 120325(a)).
- COVID-19 vaccine requirements will apply to all “pupil of any private or public elementary or secondary school.” (HSC section 120335(b)).
- COVID-19 vaccine requirements will be phased-in by grade span, grades K-6 and 7-12 This will also promote smoother implementation.
- This mandate will be a condition of in-person attendance. (HSC section 120335(f)). A student who is not vaccinated may remain enrolled in independent study, but may not attend in-person instruction.
- The regulations may take effect either January 1, 2022 or July 1, 2022, depending on full approval by the Food and Drug Administration (FDA) and the completion of the rulemaking process.
- Based on current projections for full approval for ages 12+, it’s more likely the requirement would apply to grades 7-12 starting on July 1, 2022.
- Requirements are established by regulation, not legislation, therefore, they are subject to exemptions “for both medical reasons and personal beliefs.” (HSC section 120338).*
*Note that the COVID-19 vaccination requirement is being established by regulation. Any requirement established by a regulation must allow exemptions for medical reasons and personal beliefs, pursuant to the Health and Safety Code section below. However, the Legislature could choose to introduce and approve legislation that narrows the scope of the exemption, or eliminate it. They could also establish the vaccine requirement in statute, without an option for a personal belief exemption.
Regarding the impact of the Governor’s plan on TK-12 employees, he directed that adults be held to at least the same standards as students for the COVID-19 vaccine. Currently, California requires all K-12 employees to verify their vaccination status or be tested weekly. If the plan takes effect, the current verify-or-test requirement for employees will be converted to a vaccine mandate no later than when the first phase of the student requirement becomes effective (January 1, 2022 or July 1, 2022); and, while individual counties and schools may accelerate vaccine requirements, the state requirement will create a statewide standard to ensure all employees and students will be vaccinated. Stay tuned for additional details on the Governor’s plan in the days and weeks to come.