Many schools nationwide offer health services through school-based health centers (SBHC) to improve access to health care for underserved populations.1 These services may include vaccination. Parents and guardians have the right to be notified when SBHC services will be provided to a minor child.2
Federal Vaccination & Consent Rights
Under the Affordable Care Act (ACA), SBHCs receiving federal funds must obtain consent from parents and guardians when services are provided to minor children. However, this provision may not apply if you live in a state that allows minors to consent to health procedures.3
The federal National Childhood Vaccine Injury Act of 1986 requires that parents and guardians receive a Vaccine Information Statement (VIS) before a minor child can receive a routinely recommended vaccine.4
According to the U.S. Centers for Disease Control (CDC), in the SBHC setting, a VIS for each routinely recommended childhood vaccine must be given to the student’s parents or guardians before vaccination.5 6 Additionally, the CDC states that schools must verify that parents and guardians have received and reviewed the VIS7 and that it may be distributed several weeks before an SBHC event where vaccination may be provided, as long as the VIS is current.8
This means that while a child may be able to consent to vaccination in some states, parents and guardians in all states should receive a VIS from their child’s school before a child can consent to vaccination.
Notification for School Vaccination Services
Schools receiving federal funding are subject to the Protection of Pupil Rights Amendment (PPRA) of 1974. This federal law states that schools must notify parents and guardians of any activity requiring invasive physical examination, including, but not limited to, bodily injections.9 10 PPRA also provides parents with the right inspect curriculum being taught in school.
Under PPRA, violations must be reported within 180 days of the violation. These complaints are filed with the form provided to parents and guardians on the U.S. Department of Education’s website.11
Protecting Students from Vaccination Bullying
NVIC advises that you be proactive and reach out to your child’s school to find out if they allow minor consent to vaccination; if and when vaccine clinics are scheduled; how far in advance you will receive a VIS; what vaccine-related curriculum is in use, and how to opt out of vaccination services you do not desire for your child.
***Updated Aug. 25, 2023: A 2022 study published in the journal Pediatrics provided a state by state overview of laws on minor consent to medical care with links to statutes. These laws vary from state to state and can change. To confirm minor consent laws listed within this study, visit NVIC's state pages by scrolling down to the clickable U.S. map. Once on your state page, expand the Other State Resources tab and click on the link provided for your state's legislature to discover how to access your state's most current statutes on minor consent. You can also contact your legislature directly for information on accessing the most current statutes in your state.***
Talk to your child about vaccines and your vaccination decisions. Have a plan in place should your child be told that they must receive a vaccine without your consent or that they can agree to vaccination on their own. Many parents choose to tell their children to always say no until they can speak to their parents or to say they want to call and talk to their parents before vaccination.
Arm yourself with knowledge, empower, and protect your child with a plan to prevent coercion and bullying in the SBHC setting.
References:
1 42 USC 280h-5: School-based health centers. In: Affordable Care Act. U.S. House of Representatives – Office of the Law Revision Counsel United States Code Accessed: Aug. 12, 2023.
2 America First Legal. AFL: The AFL Protection of Pupil Rights Amendment: A Toolkit for Parents. Aug. 26, 2021.
3 42 USC 280h-5: School-based health centers. In: Affordable Care Act. U.S. House of Representatives – Office of the Law Revision Counsel United States Code Accessed: Aug. 12, 2023.
4 42 USC 300aa-26: Vaccine information. U.S. House of Representatives – Office of the Law Revision Counsel United States Code Accessed: Aug. 12, 2023.
5 U.S. Centers for Disease Control and Prevention. Q: What are the acceptable methods of VIS provision to parents/legal representatives? In: VIS Frequently Asked Questions – Using Vaccine Information Statements. Apr. 5, 2019.
6 U.S. Centers for Disease Control and Prevention. Q: Our state allows parents/legal representatives to provide a single, one-time consent for vaccines that require multiple doses given over weeks or months. In this case, do we have to provide a VIS prior to every dose administered? In: VIS Frequently Asked Questions – Using Vaccine Information Statements. Apr. 5, 2019.
7 U.S. Centers for Disease Control and Prevention. Q: How early can VISs be provided to parents/legal representatives prior to vaccination? In: VIS Frequently Asked Questions – Using Vaccine Information Statements. Apr. 5, 2019.
8 U.S. Centers for Disease Control and Prevention. Q: How early can VISs be provided to parents/legal representatives prior to vaccination? In: VIS Frequently Asked Questions – Using Vaccine Information Statements. Apr. 5, 2019.
9 20 U.S. Code § 1232h - Protection of pupil rights. U.S. House of Representatives – Office of the Law Revision Counsel United States Code Accessed: Aug. 12, 2023.
10 America First Legal. AFL: The AFL Protection of Pupil Rights Amendment: A Toolkit for Parents. Aug. 26, 2021.
11 U.S. Department of Education. File a Complaint - PPRA Complaint Form. In: Protecting Student Privacy. Accessed Aug. 14, 2023.
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