Mandatory School Vaccinations
TN Update
PC 896 - Tn banned LEA from mandating vaccination or proof of vaccination.
Midway through the school year, public schools across the state are juggling providing education and maintaining the safety of their students and staff. During the past month, the FDA has approved two vaccines that appear to provide a high degree of protection and slow the spread of America’s most recent infectious disease.
The question that parents may soon be asking is, Can schools in Tennessee require my child to get a COVID-19 vaccine to attend school?
The answer has its roots in the United States Supreme Court case of Jacobson v. Commonwealth[1]. There, Jacobson refused to take the smallpox vaccination in violation of the law and was fined $5. He appealed his case to the Supreme Court which ruled that due to the widespread smallpox epidemic, his rights provided under the 14thAmendment did not trump the legislature's desire to maintain the safety of the general population.[2]
Subsequently, Tennessee, struggling with smallpox itself, passed laws making it a misdemeanor to refuse a vaccination unless a physician provides written opinion that such vaccination would not be prudent because of sickness.[3] The legislature, facing a fatality rate upon transmission of nearly 30% went on to make it a misdemeanor to go into places of public assembly if said person’s had an infectious disease.[4]
So that brings us to schools. In the 1920s the Supreme Court upheld San Antonio's right to prohibit unvaccinated students from attending school.[5] As a result, many current student's grandparents can recall the mass vaccinations during the '60s and '70s during our nation’s measles outbreak. In those days, students showed up, got their vaccine, or went home. My parents still joke about the scar it left on their arm. I did ask them if their parents had to give permission, my dad just smiled and said “we just did what we were told.”
Today, Tennessee law concerning vaccination of school children is encompassed in several statutes, but the core provisions are located in T.C.A. 49-6-5001. There, due to changes over time, the legislature has allowed the commissioner of health to require vaccinations for the attendance of school. The statute does provide that students maybe except if:
1. Their parents or guardian provide a written statement that the vaccination or other preventative measures conflict with the parent or guardians religious practices or tenants; AND
2. The current health issue is not an epidemic or threat of an epidemic.
Historically, such measures are gauged by guidance from the CDC. As such, it is likely that if the state chose to take such action, then vaccination would be required for a student to attend school. However, with the advent of technology, distance learning and the variety of hybrid models districts across the state are using, it is unlikely we will see our children lined up for shots as our parents and grandparents experienced.
The law may be changing. At present, there are two bills, HB0010 and SB0007, that were filled in late November which would eliminate the line in the current law stating, “in the absence of an epidemic or threat of an epidemic” from the attendance restriction. If those bills become law. Parents would be able to send their children to school without a vaccination, regardless of the presence of an epidemic, if they provide written statements that doing such conflicted with their religion.
At present, Gov. Bill Lee has indicated that the choice of child vaccination will be left up to parents.
External Links
1. Summary of Bill - https://tennesseestands.org/wp-content/uploads/2020/11/Religious-Exemption-Protection-Summary.pdf
2. Congressional Research Service Mandatory Vaccine - https://fas.org/sgp/crs/misc/RS21414.pdf
3. FAQ For Mandatory Vaccinations of Employees - https://www.walterhav.com/faq-school-districts-and-the-coronavirus-vaccine/
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[1] Jacobson v. Commonwealth of Massachusetts. 197 U.S. 11 (1905)
[2] Jacobson v. Commonwealth of Massachusetts. 197 U.S. 11, 37 (1905)