Private Schools’ Role and Rights in Setting Vaccination Policy: A Constitutional and Statutory Puzzle

106 Pages Posted: 24 Jan 2020

See all articles by Hillel Y. Levin

Hillel Y. Levin

University of Georgia School of Law

Date Written: January 22, 2020

Abstract

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states should adopt to explicitly allow private schools to adopt policies to exclude unvaccinated children.

Keywords: vaccines, immunization, health law, children, measles, education law, First Amendment, private schools, public schools, religious freedom, community immunity, sincerity inquiries, Establishment Clause

JEL Classification: K19, K32

Suggested Citation

Levin, Hillel Y., Private Schools’ Role and Rights in Setting Vaccination Policy: A Constitutional and Statutory Puzzle (January 22, 2020). William & Mary Law Review, Forthcoming, University of Georgia School of Law Legal Studies Research Paper No. 2020-03, Available at SSRN: https://ssrn.com/abstract=3523996

Hillel Y. Levin (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
48
Abstract Views
267
PlumX Metrics