Student & Parental Rights: Vaccine Curriculum, Privacy, and Vaccination Clinics

Enrollment into K-12 schools and post-secondary institutions has begun. In this back-to-school article, NVIC will review vaccine-related student and parental rights provided by federal law that applies to all states for our readers. Topics covered include minor consent to vaccination in an educational setting, non-consensual sharing of student information with third parties, and vaccine curriculum in the classroom. Also included are resources to protect and expand these rights.

Vaccine Education in the Classroom

As reported in our back-to-school series last year, the U.S. Department of Education and Department of Health and Human Services intends to introduce vaccine-related curricula into the classroom.¹ What many parents may not know is that many lesson plans are already available to teachers for use in the classroom from third grade through post-secondary educational settings.^{2 3 4 5 6 7}

The bottom line is that vaccine education may already be a part of instruction in your child’s classroom. The question you must ask yourself is, what is being taught in these vaccine education lessons? Are they balanced and discuss the risk of disease and the frequency and severity of its complications? Are risks associated with vaccines discussed? Is vaccine injury and compensation, the history of the National Childhood Vaccine Injury Compensation Act of 1986 (1986 Act), and existing gaps in vaccine safety science discussed? Is the concept of public health and the greater good vs the human right to informed consent and its history discussed?

Those are but the briefest examples of topics that should be included to provide a meaningful learning environment and objective classroom discussion. Such an environment should spur student curiosity and critical thinking, allow them to shape their opinions, and prepare them to make informed health care decisions as adults. This preparation should not occur in a vacuum.

Parents’ Role in Vaccine Education and Right to Inspect Curricula

Parents play an essential role in educating and preparing their children for adulthood and should share their vaccine perspectives, trusted resources, family medical history, and decision-making process with their children to better prepare them to make health decisions for themselves based on their values and medical history. For many families, NVIC’s disease and vaccine webpages are a trusted resource that empowers objective vaccine decisions.

The 1974 Protection of Pupil Rights Amendment (PPRA) also provides federal student protections to parents.⁸ Below is a brief overview of those protections that would likely apply to vaccine-related concerns parents may have and that can be proactively leveraged to protect your child’s privacy.⁹

• Parents may request to inspect any instructional materials used as part of the curriculum, third-party surveys, and instruments designed to gather personal identifying information of students for use in marketing before distribution to the classroom;
• Parental consent is required before a school can require a student to submit a survey revealing the student’s personal, religious, and political beliefs, affiliations, and practices. Schools are also prohibited from making similar inquiries about the student’s family without parental consent. This information is considered protected information;
• Schools must annually notify parents and guardians and provide the ability of a student to opt out of
  • any non-emergency, invasive physical examination – including injections;
  • the gathering, disclosure, or use of student personal identifying information for marketing purposes;
  • surveys that reveal protected information noted above;

Rights under this law transfer to students when they become adults. As with any law, there are exceptions to some of the items bulleted above. However, protected information in some circumstances may apply to vaccine status and prevent classroom discussion and vaccine bullying.

It is also important to note that PPRA is broad and covers more than the beliefs, practices, and affiliations noted above. It often applies to other parental concerns about cultural war spillover into the classroom – e.g., critical race theory, equity vs equality, and gender identity.^{10 11 12} Similar to the Family Educational Rights and Privacy Act (FERPA) of 1974 (see below), reporting violations of PPRA is time-sensitive.

Visit NVIC’s newest FAQ: How do I request to inspect any vaccine-related curriculum taught in school and protect discussion of my student’s vaccination status? to learn more about this law, proactive questions to ask your school, and how to report PPRA violations.

If the school in question is not subject to PPRA, the questions in NVIC’s FAQ above should provide a starting point for obtaining similar information from your school and policies to opt out.

Minor Consent to Vaccination in School

Minor consent to vaccination services offered in school-based health centers (SBHC) has become a growing concern for many parents. While many states have laws regarding minor consent to medical procedures and treatments, legislation allowing the vaccination of a minor without the knowledge or consent of a parent or guardian has been introduced in some states. However, it was successfully challenged in the District of Columbia.

This circumstance necessitates that parents and guardians educate themselves on their rights provided under federal law and proactively ensure that their schools follow suit. The following information briefly overviews federal laws that provide a patchwork of protection against minor consent in SBHC settings.

• The Affordable Care Act (ACA) - states that SBHCs receiving federal funds must obtain consent from parents and guardians when services are provided to minor children. This provision may not apply if you live in a state that allows minors to consent to health procedures;¹³
• Protection of Pupil Rights Amendment (PPRA) of 1974 – states schools receiving federal funding are subject to PPRA and must notify parents and guardians of any activity requiring invasive physical examination, including, but not limited to, bodily injections; ^{14 15}
• The National Childhood Vaccine Injury Compensation Act of 1986 (1986 Act) - requires that parents and guardians receive a Vaccine Information Statement (VIS) before a minor child can receive a federally routinely recommended vaccine.¹⁶ The U.S. Centers for Disease Control (CDC) states that under the 1986 Act SBHCs must distribute a current VIS to the student’s parents or guardians before vaccination and must verify the receipt and review of the VIS.^{17 18 19 20}

Visit NVIC’s FAQ - Can my minor consent to vaccination in a school-based health clinic? for details and resource links on these laws. The FAQ also includes questions to ask your school to prevent vaccine coercion and bullying and steps to take if you believe that your rights have been violated. Visit NVIC’s state pages to learn about minor consent laws in your state.

If the school doesn't receive federal funding, it's not subject to certain laws but remains subject to the 1986 Act. Though the 1986 Act doesn’t speak to consent, the VIS distribution requirement informally acts as a notification that vaccination may be scheduled at your child’s school. If your child attends a school not subject to ACA and PPRA, be proactive and find out if the school offers vaccination services. Ask about the school’s vaccine notification, consent, and opt-out policies.

Student Privacy Rights

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect student information from being shared by schools, colleges, and universities (schools) without the consent of parents, guardians, and adult students. However, this federal law only applies to educational institutions that accept federal monies from the U.S. Department of Education.²¹

This law requires parents, guardians, and adult students to receive an annual notification about their rights under FERPA.²² This notification is usually part of the enrollment package and includes permission for the student to be listed in the school’s student directory.

Notably, schools can share student directory information with third parties without consent. Schools also determine what information is gathered for these directories, typically including the student’s name, address, telephone listing, and date of birth.²³ Additionally, the annual notice outlines the steps to prohibit the school from sharing directory information and any associated opt-out deadlines. Below is additional information on FERPA.

• May protect against the sharing of vaccination status and personally identifiable information with your state’s vaccine registry and health department;
• Protects records gathered by schools and prohibits sharing those records without specific written consent from parents, guardians, or the adult student.
• FERPA is separate from the Health Insurance Portability and Accountability Act of 1996 (HIPAA)²⁴ in the educational environment. In most situations, FERPA prevails over HIPAA in the academic setting and protects health information;²⁵
• FERPA violations must be reported by parents, guardians, or adult students within 180 days of the violation;
• There are exceptions to privacy protections under FERPA, such as health and safety issues, that allow for schools to share personally identifying information with third parties. Some such disclosures must be recorded in the student’s educational record and provided to parents and guardians upon request.²⁶

If your school doesn’t receive federal funding specified as subject to FERPA, it is not subject to FERPA. In that instance, ask the school for its privacy and data-sharing policies.

You can learn more about FERPA, disclosure of student information, and the exceptions to privacy by visiting NVIC’s FERPA & Student Privacy FAQ.

Be Proactive – Make a Plan!

Regardless of which of the above laws apply to your situation, these laws must be followed and expanded to protect families and their children. Take steps now to secure your health freedom!

1. Use the linked resources above, talk to your children and make a plan for them to always defer medical decisions to you, their parent who holds their medical history and best interest in the safe-keeping of their health until they reach adulthood;
2. Register for NVIC’s free Advocacy Portal to stay up-to-date on minor consent and vaccine-related legislation introduced in your state and to access talking points, analysis and easily contact your elected official with your thoughts and concerns;
3. Sign-up for NVIC’s free newsletters for weekly articles on vaccine news;
4. Download NVIC’s Time-Saving Resources to quickly access information on state vaccine laws and exemptions, diseases and vaccines, our FAQs, and more.

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1 Responses to "Student & Parental Rights: Vaccine Curriculum, Privacy, and Vaccination Clinics"

Colorado

Posted: 8/12/2024 3:37:43 PM

Thank you for these valuable resources. We printed out the entire list of 'disease and vaccine' web pages to paper and have those on the kitchen table right now. (First link in article above). (suggest a consolidated pdf with all data in one doc for data sharing.) We're reading every page and having our teen children read them too. That is hard factual data the medical industrial complex does not want people to consider. The fact that most communicable diseases one can recover without much complication in only a few weeks time. Followed by the substantial number of adverse events and real harm the vaccines cause, which in many cases are lifelong injuries people do not recover from. Disconcerting to think the vast majority of vaccine related harms are mis attributed to something else, not properly reported and documented, or the people are either too ignorant or too intimidated to file the vaccine harm reports. Of course they're propagandizing the parents, children, and teachers in the school systems. They propagandize all health professionals as a prerequisite to school and employment in the fields. The most powerful thing we can equip the children and ourselves with is the ability to say firmly; NO. Re assuring them they'll never get in trouble at home, no matter how much the use of the word NO may upset. That we parents are willing to say NO, and will not be intimidated or coerced. No means no and it does not mean anything else. We said no to vaccines and we meant it. Coercion is not consent. Every time we go out in public and see children wrecked in wheelchairs, addled adults. One ponders if that was the vaccine. When we were younger those sorts of sights were far far less frequent then they are now. More vaccines. More vaccine injuries. The issue really is that simple. NVIC is the best resource for parents out there. Thank you.