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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My child does not meet Iowa state vaccination requirements

Resolved Question:

My child does not meet Iowa state vaccination requirements and they are threatening to remove him from school. When I asked about exemptions I was told I do not qualify. How can I get my child exempt from vaccinations in the state of iowa.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation. Can you please tell me:

1) Is this a public or private school,
2) if you have filed a Iowa Department of Public Health Certificate of Immunization Exemption, or not, and
3) Is the choice not to vaccinate based on religious or medical grounds?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 8 months ago.


Thank you for the response.


 


1) Its is a public school


2) I have not filed that form.


3) It is based on a strong personal philosophical belief.

Expert:  Ely replied 8 months ago.
Thank you.

Is this philosophical belief borne out of a religious belief? This is key here.
Customer: replied 8 months ago.


Yes. While I have considered filing the form, the school has used scare tactics saying I do not qualify even under a religious exemption.

Expert:  Ely replied 8 months ago.
Thank you.

The school does not make this decision, the Court does. It is not the school that makes the decision. They simply have to ACT if they get the form, signed, from you.

Under Iowa's 641-7.3(139A), the following is put forth:

7.3(1) To be valid, a certificate of immunization exemption for medical reasons shall contain, at a minimum, the applicant’s last name, first name, and date of birth, the vaccine(s) exempted, and an expiration date (if applicable) and shall bear the signature of a physician, nurse practitioner, or physician assistant. A medical exemption may be granted to an applicant when, in the opinion of a physician, nurse practitioner, or physician assistant:

a. The required immunizations would be injurious to the health and well-being of the applicant or any member of the applicant’s family or household. In this circumstance, a medical exemption may apply to a specific vaccine(s) or all required vaccines. If, in the opinion of the physician, nurse practitioner, or physician assistant issuing the medical exemption, the exemption should be terminated or reviewed at a future date, an expiration date shall be recorded on the certificate of immunization exemption; or

b. Administration of the required vaccine would violate minimum interval spacing. In this circumstance, an exemption shall apply only to an applicant who has not received prior doses of the exempted vaccine. An expiration date, not to exceed 60 calendar days, and the name of the vaccine exempted shall be recorded on the certificate of exemption.

7.3(2) A religious exemption may be granted to an applicant if immunization conflicts with a genuine and sincere religious belief.

a. To be valid, a certificate of immunization exemption for religious reasons shall contain, at a minimum, the applicant's last name, first name, and date of birth and shall bear the signature of the applicant or, if the applicant is a minor, of the applicant's parent or guardian and shall attest that immunization conflicts with a genuine and sincere religious belief and that the belief is in fact religious and not based merely on philosophical, scientific, moral, personal, or medical opposition to immunizations.

b. The certificate of immunization exemption for religious reasons is valid only when notarized.


The certificate may be found here. All someone in your situation wants to do is to have the religious part of it signed and notarized, and present it to the school. Then, they have to follow it. If they do not, someone in your situation can file a WRIT OF MANDAMUS against the school and have the Court tell them to follow it (a writ of mandamus is a request to the court to direct a state entity to follow the law, and, a public school district is a state entity).

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86709
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you
Expert:  Ely replied 8 months ago.
Thank you for your gratuity.
Customer: replied 8 months ago.

Thank you for the quick response.


 


If I may ask a follow up,


Should the school decline to accept the form, is a writ of mandamus something that I can persue easily, or would hiring an attorney to do so be a more likely situation?

Expert:  Ely replied 8 months ago.
Should the school decline to accept the form, is a writ of mandamus something that I can persue easily, or would hiring an attorney to do so be a more likely situation?

I am afraid this would be a lawsuit, and as such, would require an attorney to pursue...

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