A California state appellate court has upheld a San Diego Superior judge’s ruling that it is the state legislature, not school districts, who can authorize a mandate requiring coronavirus vaccinations among public school students 16 years and older.
“It sets the precedent that local school districts cannot mandate any additional vaccine that is not required by the state, even the flu vaccine, which I think some districts have tried to mandate in the past, or at least they've talked about it,” said Arie Spangler, attorney for Let Them Choose, a parental rights advocacy group. “They can't mandate that either unless the state legislature requires it.”
The Fourth Court of Appeals in Division One decided in Let Them Choose v. San Diego Unified School District that local variations must give way to a uniform state standard.
“Section 20335 does much more than set statewide minimums,” wrote Judge William Dato in the Nov. 22 opinion. “By creating a process by which new immunizations can be added to the statutory list without further legislative action, it expresses a directive that the vaccinations required for school attendance present a statewide issue subject to statewide criteria.”
Although it is by negative implication, the Health and Safety Code Section 120335 states that a local school district is not permitted to add its own vaccination mandates.
“It's definitely a great outcome for the kids,” Spangler told the Southern California Record. “There were so many parents who were so worried and didn't think there was any chance they could challenge the vaccine mandate and win so they either got their kids vaccinated against their best wishes, or they moved out of state or moved out of the district, unfortunately.”
The judges also questioned the fact that unvaccinated students were involuntarily removed from the classroom and placed in an independent study.
“The appellate court acknowledged that going back to distance learning is not good for kids and forcing them into independent study or distance learning because they didn't want this vaccine is not within a school district’s authority,” Spangler added. “That was a little tidbit in the opinion that wasn't in the superior court ruling that is really good for students in California.”
Judges Judith McConnell and Terry B. O’Rourke concurred.
"Education Code section 49403 does not allow a local school district to mandate new vaccinations; it merely permits the district to administer vaccinations—that is, to give injections—and only if the parent of the student agrees," the decision further states.