VACCINES ARE NOT MANDATED FOR DAYCARE or SCHOOLS.
DO NOT SIGN Any State VACCINE Exemption Forms.
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It is ILLEGAL for your school to deny entrance to your child because you are exercising your legal right to opt out of vaccinations.
Contrary to the Health and Welfares website - this School Exemption Form is NOT the only legal means by which a parent can provide their child's school of a vaccine exemption. Idaho Code 39-4802 only requires a signed statement from the parent(s) or legal guardian of the child. Unfortunately, Idaho Health and Welfare Immunization Department (IDHW) has made the use of the form mandatory for schools to admit children whose parents have chosen to legally opt out of some or all vaccines for their children. The form developed by IDHW falls far outside the scope of the Idaho Statutes (section 39-1118(2) or 39-4802(2), Idaho Code;). The state prescribed form based on IDAPA 16.02.15, is in violation of Idaho Code 39-4802 and 39-4804. Currently, parents are forced to sign IDHW's mandatory form that demands parents state that "vaccine preventable diseases are extremely deadly" and "that it is negligent for willfully denying your son/daughter the life-saving protection that vaccines offer" in order to enroll their children into school. These forms are MEANT to not only be intimidating but to catch parents legally off guard. The Idaho Statutes make it clear that parents only legal responsibility is to provide a written statement they are opting out of vaccines for their children and they are aware of the risks/benefits of the recommended vaccine schedule.
Surveies show that most schools have denied children access to school when parents have submitted the legally acceptable parental statement of vaccine exemption. There are many schools refuse to accept the form if it has been altered in any way. This illegal action on the part of schools (who feel their hands are tied due to Health and Welfare Administrative policy) has caught the attention of Health Freedom Idaho. While correspondence from the Office of the Attorney General and Legislators have shown that there is in fact a discrepancy in the legal statues and the scope of the form required by IDHW there has been no challenge to change the current administrative procedures to fall back in line with the law. SEE: Letter 1. Letter 2. |
Quick Fact: Any minor child whose parent or guardian has submitted a signed statement to school officials stating their objections on religious or other grounds shall be exempt from the provisions of this chapter. Medical exemptions are also allowed. (See Idaho State Code listed below).
SUBMIT YOUR LEGALLY ACCEPTABLE PARENTAL STATEMENT
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Health Freedom Idaho has retained an attorney on behalf of the hundreds of children denied entrance into schools for refusing to sign the IDHW exemption form. Resources are needed to support this effort with a goal of $30,000.
JOIN HEALTH FREEDOM IDAHO TODAY to support this effort to protect health freedom for Idaho families.
IDAHO Legal Code regarding VACCINATION STATUS and SCHOOL ENROLLMENT:
O
TITLE 39
HEALTH AND SAFETY
CHAPTER 48
IMMUNIZATION
39-4804. NOTIFICATION TO PARENT OR GUARDIAN.
(1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:
(a) Immunizations are not mandatory and may be refused on religious or other grounds;
(b) Participation in the immunization registry is voluntary;
(c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization.
(2) At the time information is initially collected regarding any child for entry into the registry created pursuant to this chapter, the parent or guardian shall be notified that:
(a) They have the right under Idaho law to submit a statement pursuant to the provisions of sections 39-1118 and 39-4802, Idaho Code, which exempts them from any requirement to have information regarding the child entered into the registry;
** SB1121 Passed in the 2015/2016 legislature which allows Immunization Registry sharing of information with the Idaho Health Data Exchange without consent. OPT OUT FORMS are available but do not address 3rd party data removed from third party systems. Link to online OPT OUT OF Idaho Vaccine Registry
(b) At any time they have the right to remove any information from the registry regarding the child; and
(c) Immunizations are not mandatory and may be refused on religious or other grounds.
(3) The decision of a parent or guardian to:
(a) Submit a statement pursuant to the provisions of either section39-1118(2) or 39-4802(2), Idaho Code;
(b) Remove any information regarding the child from the registry pursuant to the provisions of section 39-4803(4), Idaho Code; or
(c) Refuse the immunization on religious or other grounds; shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action.
History:[39-4804, added 1999, ch. 347, sec. 3, p. 930; am. 2010, ch. 336, sec. 2, p. 890.]
https://legislature.idaho.gov/idstat/Title39/T39CH48SECT39-4804.htm
TITLE 39
HEALTH AND SAFETY
CHAPTER 48
IMMUNIZATION
39-4804. NOTIFICATION TO PARENT OR GUARDIAN.
(1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:
(a) Immunizations are not mandatory and may be refused on religious or other grounds;
(b) Participation in the immunization registry is voluntary;
(c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization.
(2) At the time information is initially collected regarding any child for entry into the registry created pursuant to this chapter, the parent or guardian shall be notified that:
(a) They have the right under Idaho law to submit a statement pursuant to the provisions of sections 39-1118 and 39-4802, Idaho Code, which exempts them from any requirement to have information regarding the child entered into the registry;
** SB1121 Passed in the 2015/2016 legislature which allows Immunization Registry sharing of information with the Idaho Health Data Exchange without consent. OPT OUT FORMS are available but do not address 3rd party data removed from third party systems. Link to online OPT OUT OF Idaho Vaccine Registry
(b) At any time they have the right to remove any information from the registry regarding the child; and
(c) Immunizations are not mandatory and may be refused on religious or other grounds.
(3) The decision of a parent or guardian to:
(a) Submit a statement pursuant to the provisions of either section39-1118(2) or 39-4802(2), Idaho Code;
(b) Remove any information regarding the child from the registry pursuant to the provisions of section 39-4803(4), Idaho Code; or
(c) Refuse the immunization on religious or other grounds; shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action.
History:[39-4804, added 1999, ch. 347, sec. 3, p. 930; am. 2010, ch. 336, sec. 2, p. 890.]
https://legislature.idaho.gov/idstat/Title39/T39CH48SECT39-4804.htm
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The information contained on HFI web pages is for educational purposes only and is not intended to be medical or legal advice. Those seeking medical or legal advice should obtain the services of a competent attorney, physician or qualified health care professional. Although Health Freedom Idaho continually updates our website, state laws and rules change frequently and consumers are ultimately responsible for verifying the vaccination and exemption laws and requirements.
