School and Daycare Vaccine Exemptions

Every parent wants what’s best for their child. For many families across the United States, that includes making informed decisions about vaccinations—decisions that increasingly collide with the complex web of school vaccine requirements, daycare regulations, and camp policies. When your child’s ability to attend school or participate in early childhood programs hangs in the balance, understanding your legal options becomes essential.

Vaccine exemptions exist in every state, though they vary dramatically in scope and availability. There are typically three types of exemptions: religious, medical, and philosophical/personal, though in many states only one or two of these exemptions are available. Understanding what your family’s options are requires you to understand both state law and the type of school you are attending (private, public, parochial). In different states you may have different rights, and at different types of schools, the exemption types offered may vary. For example, there are currently four states that permit only medical exemptions – California, Connecticut, Maine, and New York.  All other states either offer a religious exemption option, a philosophical or personal exemption, or both. Additionally, many private religious schools do not offer religious exemptions even in states where religious exemptions are protected.

At Siri & Glimstad, we help families across the nation secure valid vaccine exemptions and defend those exemptions when schools, or daycares challenge them. Navigating these requirements without legal guidance puts your child’s enrollment—and your family’s peace of mind—at unnecessary risk.

Understanding the categories of vaccine exemptions is the first step toward protecting your child’s enrollment rights. Two primary types exist under U.S. law, though availability varies significantly by state.

Medical Exemptions

All 50 states permit medical exemptions for children who cannot safely receive certain vaccines. Common qualifying conditions include:

• Compromised immune systems from chemotherapy or other treatments

• Congenital immune deficiencies

• Severe allergic reactions to vaccine components such as gelatin or eggs

• Prior serious adverse events following vaccination

• Certain autoimmune conditions

Religious Exemptions

Most states permit religious exemptions for school and childcare entry. These exemptions protect parents whose sincerely held religious beliefs oppose vaccination. Importantly, most states do not require affiliation with an organized religion or proof from clergy. The exemption typically involves a parent’s signed affidavit affirming their religious conviction. For many states, this is just a form and does not require any personal or religious information from parents. It’s important to check your state’s health department guidelines online so you know what you are up against.

In a few states, a written and sworn statement is required. In these cases, the wording may matter. Schools and local health departments sometimes reject exemptions they deem insufficiently “sincere,” triggering disputes that require legal intervention. It’s important to note that typically, the legal standard for applying for religious exemption for school children is typically much lower than for college students, employees, and clinical rotation students in the states that allow for them. 

All 50 states require certain childhood vaccinations for public school entry, and most extend identical immunization requirements to private, parochial, and religious schools. The specific vaccines required for school attendance typically include measles, mumps, rubella (MMR), diphtheria, tetanus, pertussis (DTaP), polio, varicella, and possibly hepatitis B and hepatitis A depending on your state. It’s important to note that although ACIP and the CDC have recently updated the routine childhood immunization schedule, many states have not enacted laws reflecting those changes. When there is a dispute between CDC guidance and state law, state law prevails. States have broad authority to make public health decisions. In the Siri & Glimstad vaccine exemption practice, our goal only to ensure that your child has the opportunity to obtain an exemption from these mandates.

Some states impose additional requirements that catch parents off guard. Utah mandates completion of an online education module before religious or personal exemptions are accepted. Texas requires notarization of nonmedical exemption affidavits. Louisiana may require physician involvement or parental statement review by governmental officials. Michigan requires parents to sign an affidavit through the department of health. Missing any of these steps can result in outright denial. Common legal issues with school exemptions:

• Schools rejecting valid exemptions based on subjective “sincerity” judgments
• Administrators demanding documentation beyond what state law requires
• Incorrect interpretation of religious exemption statutes
• Failure to provide written denial or appeal procedures
• Threats of truancy referrals when exemption disputes remain unresolved
• Pressure to provide invasive disclosures about the specifics of religious beliefs

Many states apply vaccination and exemption rules not only to K-12 schools but also to licensed daycares, early childhood programs, Head Start, and pre-K facilities. These settings often have their own forms, deadlines, and enforcement mechanisms that differ from school requirements. It is important to communicate with the facility clearly and directly to ensure all deadlines and requirements are met.

The vaccination schedule for infants and toddlers includes milestones at 2, 4, 6, and 12-15 months—meaning children in daycare face immunization requirements earlier and more frequently than school-age children.

One particularly frustrating scenario occurs when a private childcare facility rejects a religious exemption that would be accepted without question at a public school in the same state. Recently, we have increasingly seen that private childcare facilities choose not to accept religious exemptions. Some religious institutions have closed their doors to exemptions in general. This happens because private daycares sometimes set internal policies exceeding state minimums—and determining whether those policies are legally enforceable requires careful analysis. It’s important to schedule a consultation call with a licensed attorney to discuss your child’s case.

When a school or daycare challenges your child’s vaccine exemption—or when you’re unsure how to navigate your state’s complex requirements—the stakes couldn’t be higher. Your child’s access to education, early childhood development, and enrichment activities hangs in the balance. The law exists to protect your rights, but only if you know how to invoke it properly.

Siri & Glimstad brings national litigation and advisory experience in vaccine exemptions, vaccine injury compensation, civil rights, and education-related disputes. Our attorneys understand the interplay between federal constitutional protections, state exemption statutes, and institutional policies that often exceed legal requirements. We know how to craft exemption documentation that withstands scrutiny, respond to wrongful denials, and—when necessary—pursue legal action to vindicate your family’s rights. Contact us today.