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Court rules school districts in California can’t mandate vaccines

November 25, 2022

Kaleb Powers, 14, getting his first dose of the Pfizer vaccine

By JOSH FRIEDMAN

A California appeals court ruled on Tuesday that only the state, and not individual school districts, can issue vaccine mandates for students. [Napa Valley Register]

The ruling comes following a legal challenge to the San Diego Unified School District’s attempt to mandate COVID-19 vaccines for students ages 16 and older. It marks the first ruling by a state appeals court and will be binding on lower courts statewide unless overturned by the California Supreme Court or contradicted by another appeals court.

In Sept. 2021, the San Diego district, which is California’s second largest school district, proposed requiring its older students to be vaccinated against COVID-19 in order to attend classes and participate in sports and other in-person events. The proposed mandate would allow for medical exemptions but not religious or personal ones. Later, the district announced it would postpone any mandate until at least July 2023.

“The Legislature has mandated that public health officials — not school authorities — determine the disease(s) for which vaccinations are required,” the California 4th District Court of Appeal in San Diego stated on Tuesday.

California requires schoolchildren to be vaccinated against 10 communicable diseases, including measles, mumps, chicken pox, polio and rubella. The appeals court noted state law allows the California Department of Public Health to add diseases to that list, but it does not expressly authorize local agencies to do so.

Previously, Gov. Gavin Newsom announced there would be a COVID-19 vaccine mandate for children to attend schools in person. But earlier this year, the state delayed implementation of the mandate, saying it would not take effect any sooner than July 1, 2023.


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As before with keeping the schools closed, if the teachers union tell Newsom to issue a mandate he will. When the teachers union tells Newsom to jump he only asks how high.


24

Parental control is everything…. or it is nothing. Unfortunately, we’ve allowed the “state” to take control in the absence of parenting and the family. This never leads to good outcomes, as we are seeing in our coarsening culture and eroding country and values. Hopefully it is not too late.


29

Very nice. It’s the parents right to make decisions on their children’s health. School districts need to stick to education. and look to get better at it.


43

Is this really the win most are looking for?

Parents have limited control as it relates to vaccines and public school attendance. Either they get their child vaccinated or they don’t attend public school. Chances are the state will add the Covid vaccine to their long list of other required vaccinations sometime next year. Your choice at that time as a parent will be homeschool or not. That is basically it.

Parental control is really a myth.


-26

A very slippery slope. Where will they stop? What’s next when precedent is set?

Home school is a great choice. I know hundreds who are doing it following things being exposed in the curriculum to parents through COVID-19. A nice way of defunding the indoctrination of our precious children.

Parents do have a choice, the FIRST choice in what’s best for THEIR children in all things, especially health and education. There’s a reason schoolboard’s are being taken back by parents who want education and decency returned to the classroom from closed-minded fear mongering myths.


25

I am not making a point for or against mandates, but rather pointing out where the state of California sits concerning YOUR children. Or any other State for that matter. Essentially, they are on loan to you by the state. If you do not provide for their health, safety, education, or general well being to The State’s, subjective, standards your child can be taken from you. Something Karen V. Can surely attest to. That is why Parental control is a myth. Just is.

I sincerely doubt you know of hundreds choosing homeschooling. Most people don’t know hundreds of school age children unless they are a teacher or pastor, let alone home schooled ones. Homeschooling takes work, and a two parent single income household. Which are hard to find. That is why such a small percentage actually go through with it.


-11

My child, my choice.


18

I must correct your misinformation. I attend a large North County church. The majority of those kids are homeschooled. I know many others from Santa Barbara County to Kern County who have or are in the process of pulling their kids from schools and homeschooling.


The parents, supporting family and friends make it work. All parents who do this make it work because they love their children more than any government agency, teacher or counselor ever could. The percentage is much higher than you’re assuming. Just a fact. Just is.


If those standards you speak too, weren’t so morally corrupt and bankrupt with almost all restraints removed, you might get my ear and the exodus from public schools would be much lower. I encourage you to get out more and see what’s actually going on. It sounds like you might not have children or grandchildren in these government indoctrination campuses or you’re a former government employee of some sort.


14

8.6% are home schooled in the state. Or said another way 9 out of 10 do not choose to homeschool their kids There is no exodus away from public education.


You infer that i am against homeschooling. I am not. But it isn’t easy.


So a choice that requires you to submit fully to the State Board of Education or take on the enormous task of homeschooling isn’t really a choice in its truest sense. Sophie’s Choice.


I pointed out how the state views things. Not how I view them.


0

That’s one small step.


35