By JOHN RICHARD SCHROCK
All states have laws under which K–12 public schools require students to have certain specified vaccinations. Because a few children have reduced immunity due to transplants, cancer treatments or other rare conditions, they cannot receive the vaccine and it becomes very important that the remaining children be vaccinated in order to provide them protection.
Each state authorizes schools to require students to be vaccination by way of various statues or regulations. In Kansas, K.S.A. 72-6261 to 72-6265 are the statutes that define school immunization requirements and can be found online. The most relevant text of 6262 and 6265 follows:
“K.S.A. 72-6262. Health tests and inoculations; certification of completion required, alternatives; duties of school boards.
(a) In each school year, every pupil enrolling or enrolled in any school for the first time in this state,
and each child enrolled for the first time in a preschool or day care program operated by a school, and such other pupils as may be designated by the secretary, prior to admission to and attendance at school, shall present to the appropriate school board certification from a physician or local health department that the pupil has received such tests and inoculations as are deemed necessary by the secretary by such means as are approved by the secretary. Pupils who have not completed the required inoculations may enroll or remain enrolled while completing the required inoculations if a physician or local health department certifies that the pupil has received the most recent appropriate inoculations in all required series. Failure to timely complete all required series shall be deemed non-compliance.
(b) As an alternative to the certification required under subsection (a), a pupil shall present:
(1) An annual written statement signed by a licensed physician stating the physical condition of the child to be such that the tests or inoculations would seriously endanger the life or health of the child, or
(2) A written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such tests or inoculations.
( c) On or before May 15th of each school year, the school board of every school affected by this act shall notify the parents or guardians of all known pupils who are enrolled or who will be enrolling in the school of the provisions of this act and of any policy regarding the implementation of the provisions of this act adopted by the school board.
(d) If a pupil transfers from one school to another, the school from which the pupil transfers shall forward with the pupil’s transcript the certification or statement showing evidence of compliance with the requirements of this act to the school to which the pupil transfers.
K.S.A. 72-6265. Exclusion of pupils from school attendance; adoption of policy; notice; hearing; compulsory attendance law not applicable. (a) The school board of every school affected by this act may exclude from school attendance, or by policy adopted by any such school board authorize any certificated employee or committee of certificated employees to exclude from school attendance, any pupil who has not complied with the requirements of K.S.A. 72-6262. A pupil shall be subject to exclusion from school attendance under this section until such time as the pupil shall have complied with the requirements of K.S.A. 72-6262. The policy shall include provisions for written notice to be given to the parent or guardian of the involved pupil. The notice shall (1) indicate the reason for the exclusion from school attendance, (2) state that the pupil shall continue to be excluded until the pupil has complied with the requirements of K.S.A. 72-6262, and (3) inform the parent or guardian that a hearing thereon shall be afforded the parent or guardian upon request therefor.”
Kansas is one of 24 states that allow parents to exempt their child from vaccination for medical or religious purposes. Personal belief does not qualify for religious exemption except in LA and MN. Sixteen states accept a full range of medical reasons or religious or personal beliefs. Four states only allow a medical exemption. Listing details are available on the CDC website.
In 1905, the Supreme Court ruled that a state can mandate vaccines and impose criminal fines on those not in compliance. The result has been hundreds of thousands of American lives saved and dramatically less suffering from smallpox, polio, measles, and many other infectious diseases.
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John Richard Schrock has trained biology teachers for more than 30 years in Kansas. He also has lectured at 27 universities in 20 trips to China. He holds the distinction of “Faculty Emeritus” at Emporia State University.