Maryland private schools can exclude unvaccinated children

Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy and the law. 

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

A recurring question that comes up is whether a private school or daycare can increase its safety from disease by refusing to accept unvaccinated children. Generally speaking, private schools and daycares can reject or accept children for whatever reason it wants. If  the school accept federal funds it cannot, under Title VI of the Civil Rights Act of 1964, discriminate based on “race, color, or national origin.” But that’s it.

However, some laws enacting exemptions from immunization requirements are phrased in ways that suggest that private institutions are required to accept exempt children. This varies from state to state.  Continue reading “Maryland private schools can exclude unvaccinated children”