Vaccinations Requirements

Students who were previously granted religious exemptions now must receive certain immunizations as required by New York state. Medical exemptions for immunizations are still in effect in situations where a treating physician declares that the required immunization(s) would be detrimental to the child’s health.

Prior to the start of the 2019-2020 school year, absent a doctor’s certification for a medical exemption, all students must receive or have received the following required immunizations:

Poliomyelitis
Mumps
Measles
Diphtheria
Rubella
Hepatitis B
Varicella
Pertussis
Tetanus
Meningitis
Haemophilus influenzae type b
Pneumococcal disease

If your child plans to attend a summer school program, he or she must begin all of the required immunizations before they will be admitted. The state issued a memo stating children must receive the first age-appropriate dose of the required immunizations by June 28, 2019 and by July 14 must show that appointments for your child have been scheduled for all required follow-up doses.

If your child is not enrolled in summer school, they must receive the required immunizations no later than 14 days after the first day of school. Within 30 days of the first day of school, you must show that you have made appointments for your child to receive all follow-up doses.

If your child does not receive the required immunizations within the above timeframes, or if you fail to provide the district with a valid medical exemption from a doctor, your child will be excluded for district schools. This is not a Mohonasen decision or policy; this is now New York state law.

Questions & Answers

The following Q&A is provided by the NYS Department of Health.

Does the new law apply to children’s camps issued a permit by the State or local health department?
No. The new legislation applies to schools as defined in Public Health Law §2164 and does not apply to children’s camps that are issued a permit by the State or local health department.
My child had a religious exemption and attends summer school, or extended school year (ESY) for students with disabilities, which are not children’s camps. Does the new law apply to summer school/ESY and if so, what is the timeline I must follow to get my child vaccinated so my child can continue to attend school?
Yes, the law applies to both summer school and ESY. Proof of immunization must be provided within 14 days after the first day of summer school/ESY. The 14 days may be extended where the student is transferring from out of state or from another country and can show a good faith effort to get the necessary evidence; or, where the parent, guardian or any other person in parental relationship can demonstrate that a child has received the first age-appropriate dose in each immunization series within the 14 days and that they have age-appropriate scheduled appointments for follow-up doses to complete the immunization series in accordance with the Advisory Committee on Immunization Practices (“ACIP”) “Recommended Child and Adolescent Immunization Schedules for ages 18 years or younger.” Thereafter, if such students require additional vaccinations due to entering a new grade level when school starts again in the future, those students must provide evidence of having received any additional age-appropriate required immunizations within 14 days of the first day instruction commences. The 14 days may be extended where the parent, guardian or any other person in parental relationship can demonstrate that a child has received the first age-appropriate dose in each immunization series within the 14 days and that they have age-appropriate scheduled appointments for follow-up doses to complete the immunization series in accordance with the ACIP “Recommended Child and Adolescent Immunization Schedules for ages 18 years or younger.” https://www.cdc.gov/vaccines/schedules/hcp/imz/child-adolescent.html
When do parents need to provide proof of immunization in the fall for students who did not attend summer school or ESY?
Proof of immunization must be provided within 14 days after the first day of instruction in September. The 14 days may be extended where the student is transferring from out of state or from another county and can show a good faith effort to get the necessary evidence or where the parent, guardian or any other person in parental relationship can demonstrate that a child has received the first age-appropriate dose in each immunization series within the 14 days and that they have age-appropriate scheduled appointments for follow-up doses to complete the immunization services.
Does the new law apply to attendance at activities that are on school property but open to the general public? Examples may include: SAT prep, sporting events, and plays.
No. The new legislation does not apply to attendance at activities on school property that are open to the general public.
My child’s school operates year-round, excluding ESY and summer school. When did the new law start applying to year-round schools?
The change in the law took effect on June 13, 2019 and allowed 14 days for children to get their first dose of each required vaccine in order to be admitted to or continue attending school. Therefore, children at year-round schools were required to be vaccinated with the first doses by June 28, 2019. These children must be excluded from school immediately if they do not meet this requirement.
Does this new law apply to students aged 18 and older?
No. The mandatory vaccination law only applies to a child, which Public Health Law §2164(1)(b) defines as a person between the ages of two months and 18 years. Once a student reaches the age 18, he/she is no longer required to show proof of immunization.
My child’s school operates a year-round daycare center. When did the new law start applying to these year-round daycare centers in schools?
The change in the law took effect on June 13, 2019 and allowed 14 days for children to get their first dose of each required vaccine. Therefore, children at year-round daycare centers are required to be vaccinated with the first doses by June 28, 2019. These children must be excluded from daycare centers in school immediately if they do not meet these requirements.
My child had a religious exemption before the new law was enacted. Is my religious exemption still valid?
No. Religious exemptions are no longer valid in New York State.
Does the new requirement apply to charter schools?
Yes.
Do I need to schedule all of my child’s appointments for all required doses, including all follow-up doses, within 30 days of the first day of attendance?
Parents and guardians must demonstrate, within 30 days of the first day of attendance, that their child has age-appropriate appointments scheduled for the next follow-up doses to complete the immunization series in accordance with the ACIP schedule. However, the actual appointments for the follow-up doses may be more than 30 days out, so long as they are in accordance with the ACIP schedule available online at https://www.cdc.gov/vaccines/schedules/hcp/imz/child-adolescent.html.
When are follow-up doses required for children who received their first doses prior to the change in law and are overdue for their next doses?
Such students must still receive their next doses as soon as they are due, in accordance with the ACIP schedule. Children must receive all first doses, or overdue follow-up doses if they already received prior doses in a series, within 14 days of school or child daycare attendance, and must provide evidence of age-appropriate appointments for the next follow-up doses, in accordance with the ACIP schedule, within 30 days of the first day of attendance. All required vaccine schedules must be completed in accordance with the ACIP schedule. Here is a link for the routine immunization and catch up schedules: https://www.cdc.gov/vaccines/schedules/hcp/imz/child-adolescent.html
Is the rotavirus vaccine required to attend school?
No.
My child never received the pneumococcal vaccine or Haemophilus Influenzae type B (Hib) vaccine as a baby. Now my child is entering kindergarten. According to the ACIP schedule, healthy children age 5 and older don’t need these vaccines. Does my child still need these vaccines to attend school?No. Pneumococcal and Haemophilus Influenzae type B (Hib) vaccines are only required for daycares and pre-kindergarten programs. Children in kindergarten through grade 12 do not need to receive a pneumococcal or Hib vaccine.
Who may issue a medical exemption?
Pursuant to Section 2164 of the Public Health Law, only physicians licensed to practice medicine in NYS may issue a medical exemption.
Is serological evidence of immunity acceptable proof of immunization for school enrollment?
A positive serologic test can be accepted as proof of immunity for school enrollment only for the following diseases: measles, mumps, rubella, varicella (chickenpox), hepatitis B and all three serotypes of poliomyelitis found in the polio vaccines.
If I’m a Group Family Child Care Provider, with my own children in my home, in addition to daycare children, what are my options regarding my own children who remain in the home during daycare hours and are not vaccinated? Can they remain in another part of the house during daycare hours?
In home-based childcare programs (family daycare and group family daycare), a provider’s own non-school aged children count in the program’s capacity and are considered to be enrolled in the program. The provider must comply with Public Health Law and New York State Child Care Regulations regarding immunizations and must keep documentation of immunizations all enrolled children have received, including the provider’s own children. The provider’s own children who are enrolled in kindergarten or a higher grade do not count in the program’s capacity, and OCFS does not review immunization records of school-aged children.
Are “homeoprophylaxis vaccines” acceptable alternatives for required vaccinations?
No. Only licensed vaccines recommended by the ACIP are acceptable.
Are out-of-country immunization records acceptable?
Yes, as long as they are official records and can be read and understood by the school or have been reviewed and signed by a physician licensed to practice medicine in NYS.
Are children allowed to follow a delayed vaccination schedule for required vaccines?
No. The ACIP schedule must be used. Delayed vaccination schedules are not permitted.
What does the June 30, 2020 date mean in the law?
Until June 30, 2020, a child can attend school if they receive the first age-appropriate dose in each immunization series within 14 days from the first day of school attendance and can show within 30 days that they have scheduled age-appropriate appointments for required follow-up doses. This allows students who were not fully up-to-date on their vaccinations on June 13, 2019, when the law was enacted, to continue to attend school, as long as they receive the first age-appropriate dose in each immunization series within 14 days from the first day of school attendance and can show within 30 days that they have scheduled age-appropriate appointments for required follow-up doses. By June 30, 2020, all students who were attending school at the time the law was enacted are expected to be fully up-to-date on their required immunizations and therefore the 30-day extension allowing such children to be enrolled as long as they have scheduled appointments to complete their immunization series according to the ACIP schedule will expire.
Can all required vaccines be given at the same time? Can the schedule be spread out?
Scientific data show that getting several vaccines at the same time does not cause any health problems. If combination vaccines are used, the number of injections can be reduced. The highest number of vaccines that a child might need to attend school or daycare is seven. However, the number varies by age, and older children need fewer doses to catch up. It is important to note that infants routinely get multiple vaccines at once, according to the ACIP schedule. The ACIP schedule is approved by the American Academy of Pediatrics, the American Academy of Family Practice, and is the standard of practice for vaccination in the United States. Vaccines can be spread out to start, so long as a child receives the first age-appropriate dose in each immunization series within 14 days of the first day of attendance.
If a school doesn’t receive State Aid, can it offer religious exemptions to the vaccination requirement?
No. All schools must comply with the immunization requirements, regardless of whether they receive State Aid. Public Health Law §2164(1)(a) defines “school” to include any public, private or parochial child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school.