Vaccines, School Mandates, and California's Right to Education

63 UCLA Law Review. Discourse 98 (2015, Forthcoming)

UC Hastings Research Paper No. 152

22 Pages Posted: 23 Aug 2015 Last revised: 9 Sep 2015

See all articles by Dorit Rubinstein Reiss

Dorit Rubinstein Reiss

University of California Hastings College of the Law

Date Written: August 21, 2015

Abstract

California recently enacted Senate Bill 277, which abolishes the personal-beliefs exemption to school immunization requirements. One possible challenge to the law’s constitutionality is that it impermissibly limits the right to education. This Essay rebuts such positions. California’s jurisprudence regarding access to education applies to protected categories; it does not limit the ability of the state to impose health and safety regulations such as immunization requirements. Moreover, the requirement would withstand even strict scrutiny, if applied, because disease prevention in the school context is a compelling interest and there is no alternative that is as effective. Finally, the law actually protects the right of access to education for those whose parents do not have the luxury of choice, such as immune-compromised children, while still reasonably preserving parental choice overall.

Keywords: vaccines, education, constitutional rights, California

JEL Classification: I18, I20

Suggested Citation

Reiss, Dorit Rubinstein, Vaccines, School Mandates, and California's Right to Education (August 21, 2015). 63 UCLA Law Review. Discourse 98 (2015, Forthcoming); UC Hastings Research Paper No. 152. Available at SSRN: https://ssrn.com/abstract=2649227 or http://dx.doi.org/10.2139/ssrn.2649227

Dorit Rubinstein Reiss (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-5654844 (Phone)
415-5654865 (Fax)

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