Commissioner sends back immunization decision

On Board Online • November 19, 2012

By Pilar Sokol
Deputy General Counsel

Determinations regarding parental requests for a religious exemption from immunization requirements can be difficult for school officials, who are often called upon to assess an individual’s sincerity regarding alleged religious beliefs.

The commissioner of education recently heard the appeal of a parent whose children were denied a religious exemption in Appeal of C.O.

Identifying herself and her husband as members of the Church of Jesus Christ of the Latter-day Saints, the mother stated:

• Many vaccinations are derived from cell-cultures from aborted human fetuses and abortion violates God’s commandment not to kill.
• Our bodies are temples to our spirits and we should not take anything harmful or unclean into our bodies. Vaccines are created and preserved with many harmful materials.

During a discussion with the school principal, the parent raised additional concerns. She expressed fear that vaccines would expose her children to the same adverse physical reactions she suffered as a result of a genetic autoimmune disorder. She spoke extensively about the harmful effect of vaccinations and their link to autism. The school principal determined the parent’s objection to vaccination was based on medical, personal and philosophical grounds rather than religious reasons and denied the request.

On appeal to the commissioner of education, the parent argued that the district’s denial of a religious exemption was irrational and unreasonable because it was based on the discussion rather than her written statement of religious beliefs.

She also claimed the decision violated her constitutional right to freedom of religion.

In his decision, the commissioner noted that the district failed to address the substance of the parent’s religious beliefs, including her claim of a linkage between the use of aborted fetus tissue and certain vaccines.

The parent did not provide information on use of fetal tissue in vaccines and it appeared the district did not ask for it. Thus,  the district had failed to make a full assessment of the beliefs at issue in this case. As a result, the commissioner sent the matter back to the district for full consideration of the parent’s exemption request and whether it should be granted in whole or in part.