Vaccine Exemption
Can a daycare/preschool refuse your child if you have a vaccine exemption form from the state?
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In which state do you reside?
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Originally Posted by Michael: |
Texas allows for exceptions and federal laws that prevent discrimination on the basis of religion would present an issue of a provider rejecting a child from their business.
It could be a problem if the Parents want to make a federal or state issue of it. I think as it being your business you should have the right to decline anyone but I think in this case a parent could present a problem if they know the law and want to fight you on it. Here is a helpful link: https://www.texansforvaccinechoice.c...n-information/ Do all childcare facilities/preschools have to accept the exemption form? View Answer Current state law requires that childcare facilities and preschools that are licensed by the Texas Department of Family and Protective Services (DFPS) to accept the exemption form. However, TFVC has received reports from members across the state that some facilities are choosing not to abide by this law and instead are denying exemptions. Your best option is to fully vet a facility, either with a phone call or web page search, on their policies before enrollment or paying any sort of deposit or other fees. Source: Human Resources Code Sec. 42.043 and Texas Administrative Code, Title 40, Part 19, Chapter 746, Subchapter C, Division 1, Rule §746.615 |
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Originally Posted by Cat Herder: |
Originally Posted by Unregistered: |
In my state, if you claim a religious exemption and fill out the form, we are required to enroll you to avoid religious discrimination. I am not in Texas.
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Originally Posted by PB&J: |
Originally Posted by PB&J: Ex: I enroll infants over toddlers because I prefer longevity with clients, I want them to stay until kindergarten. I want them to grow up on my food and routines to have a smooth, peaceful program. I want this to be their second home. ;) If a toddler came to interview with a true signed/notarized religious waiver, I'd still go with the infant and vice versa. It isn't discriminatory, it is about my program goals. Full-time over part-time attendance. Infants over toddlers. Shorter work hours over open to close hours. |
Originally Posted by Blackcat31: |
Originally Posted by Unregistered: Of the two religions I am aware of there are other factors in which you wouldn't have to ask but would already know the family was part of that religion as there are other restrictions as well. |
Originally Posted by Blackcat31: Our official inspection guidelines issued by the state, my licensor, and her supervisor all say that if we do not enroll a child because they choose not to vaccinate for “personal religious reasons” then we are violating religious discrimination laws in our state. Like CatHerder said, we can conduct a thorough interview and select based on “best fit” for our environment overall. If we choose a family and then find out they use this exclusion and then deny them for that, the family could make a case if they chose to. All of this to say to the OP: ask your licensor what your state laws are. |
Originally Posted by PB&J: I am not suggesting anyone ask. Nor am I stating a family must declare anything. The religions that do not support vaccinations have other limitations (for example dietary restrictions) etc so you would know based on that. |
Originally Posted by Cat Herder: |
Originally Posted by dolores: I find once they are enrolled, they tend to stay, especially since I use the exact same state curriculum program and paperwork they do. We are also rural, not a lot of employment options, so most commute to work for better pay while keeping affordable housing options. ;) |
Originally Posted by Blackcat31: |
Originally Posted by PB&J: I just state upfront my program does not accept non-vaccinated children. Don’t care why they don’t immunize. |
Originally Posted by Blackcat31: If they just won’t vaccinate I can exclude. If they fill out the state declaration of personal religious belief, I cannot. I told her to show me the reg. She did. (And I believe I posted it in another thread). I had her contact the regional supervisor. No go in my state. That was as far as I had the time and energy to take it. So now, because of this and many many of the other regs we have to work around and find loopholes for, our interview process became more thorough. |
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