School Vaccine Exemption Laws by State

While there are no federal vaccination laws, every state requires that children 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 developmental centers (and in some cases, private schools).

All 50 states and the District of Columbia also have some form of vaccination exemption laws. Most states require children age four or older and who are entering kindergarten, pre-kindergarten, or daycare to have proof that they have received a booster dose of the following:

• Polio virus vaccine (IPV)
• Two doses of Measles, Mumps, Rubella vaccine (MMR)
• Three doses of Hepatitis vaccine (HBV)
• Two doses of Varicella (chicken pox) vaccine
• A booster dose of Diphtheria, Tetanus (lockjaw), and acellular Pertussis vaccine (DtaP)

Exemptions from School Vaccination Requirements

A variety of vaccine exemptions are allowed, depending on state and local regulations. California, Mississippi, New York, and West Virginia offer only medical exemptions to vaccination, although New Jersey and a handful of other states are currently considering legislation to end religious or philosophical exemptions to mandatory vaccinations. Most other states allow vaccine exemptions for religious, philosophical, or personal beliefs, in addition to medical exemptions.

Religious Exemptions

Most states have religious exemptions, with varying requirements. For instance, Oregon requires parents to obtain a “vaccine education certificate” either from a health care provider or by viewing an online seminar before their child may be exempted.

Personal Belief Exemptions

Less than half of all states allow exemptions to children whose parents have philosophical or personal belief objections to vaccination. 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 allows children to be exempted from vaccination requirements for medical reasons. These reasons generally include the following situations:

• The child’s immune status is compromised by a permanent or temporary condition.
• The child has a serious allergic reaction to a vaccine component.
• The child has had a prior serious adverse event related to vaccination.

School Vaccination Requirements and Exemptions by State

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

• State Education Laws
• Patient Rights Basics
• Medication at School

Get Professional Legal Help With Your School Vaccination Concerns

While parents generally don't appreciate being told what to do with their children, attending a public school requires the shared responsibility of immunization. While some of these requirements may seem harsh, there are some exceptions for those who qualify. Talk to a health care law attorney today if you have additional questions or concerns.