SCHOOLS LEGAL SERVICE

AL MIJARES, Ph.D.
County Superintendent of Schools _______________________________________________________________________________________________________________________________________________________________________________________

RONALD D. WENKART
General Counsel

200 Kalmus Drive • P.O. Box 9050
Costa Mesa, CA 92628-9050

CLAIRE Y. MOREY
LYSA M. SALTZMAN
KELLY R. BARNES
Counsel

(714) 966-4220
(714) 434-4945 FAX

NORMA GARCIA
Paralegal

August 19, 2015
OPAD 15-20
To:

District Superintendents
Assistant Superintendents of Business
Assistant Superintendents of Human Resources
Assistant Superintendents of Instruction
Directors of Child Welfare and Attendance
SELPA Directors
Special Education Directors
School Nurses

From: Ronald D. Wenkart
General Counsel
Re:

Questions and Answers Regarding Senate Bill 277

Since our office sent out a memorandum summarizing the provisions of Senate Bill 277,1
we have received a number of questions regarding vaccinations and Senate Bill 277. We have
set forth many of these questions below in a question and answer format:
1.

When does Senate Bill 277 take effect?
On June 30, 2015, Governor Brown signed Senate Bill 277. 2 Senate Bill
277 amends Health and Safety Code section 120325, 120335, 120370, 120375
and adds Health and Safety Code section 120338, effective January 1, 2016.

2.

What is the main impact of Senate Bill 277?
The main impact is to amend Health and Safety Code section 120325(c) to
limit exemptions from immunizations to medical reasons only. Exemptions for
religious beliefs and personal beliefs are no longer available beginning January 1,
2016.

1
2

OPAD 15-17 dated July 2, 2015 (copy attached).
Stats. 2015, ch. 35.

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August 19, 2015
Page 2

3.

Does Senate Bill 277 change current law with respect to medical exemptions
from immunization?
Yes. Health and Safety Code section 120370(a), as amended effective
January 1, 2016, provides additional flexibility to a physician to exempt a student
from immunization under circumstances including, but not limited to, family
medical history. Section 120370(a) authorizes a parent or guardian to file with
the governing authority a written statement by a licensed physician to the effect
that the physical condition of the child is such, or medical circumstances relating
to the child are such, that immunization is not considered safe, indicating the
specific nature and probable duration of the medical condition or circumstances,
including, but not limited to, family medical history, for which this physician does
not recommend immunization. The child shall be exempt to the extent indicated
by the physician’s statement.

4.

Is there a form for a medical exemption or is a letter from a doctor
sufficient?
No. At this time, there is no medical exemption form. In the future, the
State of California may develop a medical exemption form. Until that time, a
letter from a doctor which contains all the required information should be
sufficient.

5.

Do school districts have to verify the legitimacy of a medical exemption?
No. It is not the role of the school district to determine the legitimacy of
the medical exemption. The school district should accept the physician’s medical
exemption statement unless it does not, on its face, meet legal requirements.

6.

Is there an exemption in Senate Bill 277 based on religious beliefs?
No. Senate Bill 277 does not include an exemption based on religious
beliefs. However, a personal beliefs exemption on file with the school prior to
January 1, 2016 will be honored until the pupil enrolls in the next grade span. See
questions 7 and 8 below for additional information.3

7.

May students submit a personal belief exemption prior to January 1, 2016?
Yes. Students may file a personal belief exemption prior to January 1,
2016. Health and Safety Code section 120335(g), as amended, states that a pupil

3

Shots for Schools - Personal Beliefs Exemption Form http://eziz.org/assets/docs/CDPH-8262.pdf.

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August 19, 2015
Page 3

who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or
public elementary or secondary school, child day care center, day nursery, nursery
school, family day care home, or development center stating beliefs opposed to
immunization shall be allowed enrollment to any private or public elementary or
secondary school, child day care center, day nursery, nursery school, family day
care home, or development center within the state until the pupil enrolls in the
next grade span. Therefore, a student with a personal belief exemption filed
before January 1, 2016 can remain enrolled in school until the student begins the
next grade span.
8.

How does Senate Bill 277 define “grade span”?
Health and Safety Code section 120335(g)(2) defines “grade span” as birth
to preschool, kindergarten and grades 1 to 6, inclusive, including transitional
kindergarten, and grades 7 through 12 inclusive. Therefore, when a student
moves from preschool to kindergarten or from 6th grade to 7th grade, the student
will be required to be immunized. For example, a 2nd grade student with a
personal beliefs exemption filed with the school before January 1, 2016, would
not need to provide documentation of current immunizations until matriculating to
7th grade. Similarly, a student in 7th grade with a personal belief exemption filed
with the school before January 1, 2016, would be exempt from the new
vaccination requirements through 12th grade. Parents should consult with their
physician on how compliance with the immunization requirements will be
achieved prior to the child entering the next grade span. The medical exemption
may apply if there is a delayed immunization schedule or a modified
immunization schedule.

9.

What vaccinations are required on or after July 1, 2016?
Health and Safety Code section 120335(g)(3) states that on or after July 1,
2016, the governing authority shall not unconditionally admit to any private or
public elementary or secondary school, child day care center, day nursery, nursery
school, family day care home, or development center for the first time, or admit or
advance any pupil to 7th grade level, unless the pupil has been immunized for his
or her age as required by this section. These vaccinations include:
1.

Diphtheria.

2.

Haemophilus influenza type b.

3.

Measles.

4.

Mumps.

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August 19, 2015
Page 4

10.

5.

Pertussis (whooping cough).

6.

Poliomyelitis.

7.

Rubella.

8.

Tetanus.

9.

Hepatitis B.4

10.

Varicella (chickenpox).

11.

Any other disease deemed appropriate by the
department, taking into consideration the
recommendations of the Advisory Committee on
Immunization Practices of the United States
Department of Health and Human Services, the
American Academy of Pediatrics, and the American
Academy of Family Physicians.

Does Senate Bill 277 allow the local health officer to exclude students from
school?
Yes. Health and Safety Code section 120370(b) states that if there is good
cause to believe that a child has been exposed to a disease listed in Health and
Safety Code section 120335(b)5 and his or her documentary proof of
immunization status does not show proof of immunization against that disease,
that child may be temporarily excluded from that school or institution until the
local health officer is satisfied the child is no longer at risk of developing or
transmitting the disease.

4

Pursuant to Health and Safety Code section 120335(c) full immunization against Hepatitis B shall not be a
condition to admit or advance any pupil to 7th grade.
5
These diseases include: 1) Diphtheria; 2) Haemophilus influenza type b; 3) Measles; 4) Mumps; 5) Pertussis
(whooping cough); 6) Poliomyelitis; 7) Rubella; 8) Tetanus; 9) Hepatitis B; 10) Varicella (chickenpox); and 11) any
other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United State Department of Health and Human Services, the American
Academy of Pediatrics, and the American Academy of Family Physicians.

 OPAD 15-20
August 19, 2015
Page 5

11.

Does Senate Bill 277 apply to private schools and independent study
programs?
Maybe. Senate Bill 277 does not apply to pupils in a home-based private
school or a pupil who is enrolled in an independent study program and does not
receive classroom-based instruction. Health and Safety Code section 120335(f) is
amended to clarify that the immunization requirement does not apply to a pupil in
a home-based private school or a pupil who is enrolled in an independent study
program and does not receive classroom-based instruction.6
Classroom based instruction is generally defined as a pupil engaged in
educational activities under the immediate supervision and control of a
certificated employee who possesses a valid teaching certification.7 Therefore, in
our opinion, if the student comes to school to meet with the teacher, the student is
no longer exempt from the immunization requirements and must be immunized.
It should be noted that under Education Code sections 51745-51749.6,
which regulate independent study programs operated by county offices of
education and school districts, the written agreement for each independent study
pupil must include the manner, time, frequency and place for submitting a pupil’s
assignments and recording his or progress. Section 51747.5 states that the
independent study by each pupil shall be coordinated, evaluated and shall be
under the general supervision of an employee of the school district or county
office of education who possess a valid certification document. Section 51749.5
states that the signed learning agreement shall include the duration, number of
equivalent daily instructional minutes for each schoolday that a pupil is enrolled,
number of equivalent total instructional minutes and number of course credits for
each course. Certificated employees and each pupil are required to communicate
in person, by telephone or by any other live visual or audio connection no less
than twice per calendar month to assess whether each pupil is making satisfactory
educational progress.
The California Department of Public Health has indicated that
parents/guardians must continue to provide immunization records of students in a
home based private school or independent study program with no classroom
based instruction to their schools and schools must continue to maintain and
report immunizations that have been received.8

6

See Education Code section 51745 et seq.
See Education Code section 47612.5 which defines “classroom-based instruction” in the context of charter schools.
8
Shots for Schools – SB 277 Frequently Asked Questions http://www.shotsforschool.org/laws/sb277faq/.
7

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August 19, 2015
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12.

Does Senate Bill 277 prohibit special education students from accessing
special education and related services?
No. Health and Safety Code section 120335(h) states that Section 120335
does not prohibit a pupil who qualifies for an individualized education program
(IEP), pursuant to federal law and Section 56026 of the Education Code, from
accessing any special education and related services required by his or her IEP.
Our office interprets this provision as meaning that special education students
must be enrolled even if they are not vaccinated, but that special education
students are still required to be vaccinated and the parents of the special education
students need to comply with the provisions of Senate Bill 277. The language of
Senate Bill 277 does not specify any penalties or remedies if parents refuse to
vaccinate their children. However, school districts may, if necessary, after
advising parents in writing of the legal requirements of Senate Bill 277, contact
the Orange County Health Care Agency for assistance or seek a court order
ordering parents to vaccinate their children.

13.

What is the impact of Senate Bill 277 on foster youth and homeless children
who do not have immunization documentation?
Foster youth and homeless students who do not have immunization
documentation should be enrolled immediately pursuant to federal9 and state
law.10 Foster youth and homeless students are not exempt from immunization
requirements and the adults responsible for these foster youth and homeless
students should be advised to obtain the documentation of vaccination as soon as
possible.

14.

Does Senate Bill 277 apply to Charter Schools?
Yes. Health and Safety Code Section 120335(b) applies to pupils enrolled
in any private or public elementary or secondary school.

15.

Should districts update their board policies/administrative regulations or
other forms to reflect the change in the vaccination requirements?
Yes. Districts should review their board policies and administrative
regulations to ensure compliance with the new vaccination requirements effective
January 1, 2016. Districts may also need to update new student enrollment forms
and their annual notification of parent rights and responsibilities to reflect the new
requirements.

9

42 U.S.C. Section 11301 et seq.
Education Code section 48850 et seq.

10

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August 19, 2015
Page 7

Districts should review their board policies and administrative regulations to ensure
compliance with the new vaccination requirements effective January 1, 2016. Districts may also
need to update new student enrollment forms and their annual notification of parent rights and
responsibilities to reflect the new requirements.
This memo is intended as general information and does not constitute legal advice. If
you have any further questions regarding Assembly Bill 1522, please do not hesitate to contact
our office.

RDW: jmr
Attachment