Published Online: January 12, 2015
Published in Print: January 14, 2015, as Appeals Court Upholds N.Y. Vaccination Rules

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Appeals Court Upholds N.Y. Vaccination Rules

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A federal appeals court last week rejected a First Amendment challenge to New York state's school vaccination law, saying it is well-settled that requiring vaccinations to attend school is within the "police power" of the states.

A three-judge panel upheld a state regulation that permits officials to temporarily exclude from school students who have valid medical or religious exemptions from vaccination when there is an outbreak of a vaccine-preventable disease.

The consolidated cases involved one mother who challenged the denial of a religious exemption for her child, while two other families that received such exemptions challenged the state rule that excluded their children from school during an outbreak of chickenpox.

Vol. 34, Issue 17, Page 4

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