School Attendance Laws And Instructional Issues

Mandatory vaccination is an extremely controversial topic because it violates constitutionally protected right to practice religion and personal beliefs in the absence of the true health emergency (First Amendment of the Constitution). The new law destroys the individual rights of parents to make voluntary decisions in the best interest of their children in the health care decisions and diminishes the role of parents in upbringing and educating their children (Skov).

One of the things that not all parents agree on is whether or not there should be a law making vaccinations mandatory. The public school system requires all students to be immunized. There have been so many published reports, articles, television programs, public service announcements, and other public attention being paid to all sides of this issue.

Although the balance of power between the national government and the states has changed over the years, the federalist system is a fundamental part of the U.S. government (The White House, 2013). The states sponsor important programs to fund education, help troubled cities and provide social services. At the local level, the municipalities control a number of other services and regulations, but never fail to be in collaboration between the national, state and local governments. The constitution was put into place to support and defend the basic right of civilians of the United States (Marchant, 2003). Although the Constitution does not refer to education, operation and management of schools is made, particularly with respect to amendments to protect individual rights of students, faculty and staff. With these set laws into place to hold our country

All 50 states require certain vaccines for school children. However, to date no federal law exists that mandates vaccinations. I believe that American citizens have the right to choose what and when they are subjected to medical procedures. Personal medical decisions should not be made by the government. The liberty an individual has over their physical person is

Education is the foundation to secure an individual in having a better future and a successful career in life. Public education primarily falls upon the state and local government to take charge of, which get divided up into local school districts that are managed by school boards. School boards are “ an elected body corporate which manages delegated powers in regards to the deliver of education service within a defined territory (Duhaime’s Law Dictionary)”. Each state “has its own department of education and laws regulating finance, the hiring of school personnel, student attendance, and curriculum (Corsi-Bunker, Antonella).

The Tenth Amendment gives the authority of the states and school officials control conduct in the schools. Actions have to be consistent with federal constitutional safeguards. The state’s authority over education have the power to tax and provide for the general welfare of its citizens.

Indirectly, or directly, one can argue, public schools are controlled by the federal and state governments. Several issues have emerged, because of the conflict between federal and state requirements for education. “Under the Tenth Amendment, any authority not given specifically to the federal government is reserved to the states. Thus, the federal government has no authority to regulate education directly; that belongs to the states” (Underwood, n. d., p. 2). To get around this, the federal government controls the schools through funds for complying with certain initiatives, procedures, and policies (Underwood, n. d.). Ironically, both the state and federal levels of government hold the district liable for implementing different agendas and legal obligations. The federal government, however, can ensure that no citizen is denied their rights or privileges, even in a private institution, because of the Bill of Rights and other amendments. Failure to comply by these amendments or statutes can lead to the loss of federal funding and legal reproductions for schools.

To Vaccinate or not to vaccinate, has been a question many parents in America have been asking themselves for years. Some parents believe that it is their right to decide if their children will be vaccinated; while some states believe that all children should be vaccinated. There are logical and illogical reasons for this argument. There should be a federal law that requires parents to vaccinate their children because it will lower the number of deaths, benefit those children who have lower immune systems, and it can get rid of some diseases all together in the future.

I am passionate about this issues. I have worked as an immunization nurse for several years in the state of Maryland. In Maryland there are strict requirements for vaccinating children for school entry. I worked for Prince George’s County and Baltimore County Health Department. In the state of Maryland many children each year are out compliance and therefore are not allowed to attend school until the requirements are satisfied.

Developed By: Edwin C. Darden (director of education law and policy for Appleseed, a law instructor, and managing partner for The Education Advocacy Firm)

What is the role of public schools? Who should be governing public schools? This paper will address each side of these educational issues as well as offer a position statement and an action plan.

In the United States, the law states that vaccinations are required for children entering school unless they have a valid reason that prevents them from receiving the vaccinations. Starting when children are born, they begin the regimen of vaccinations that continue throughout their adolescent years and adulthood. Each year children receive a variation of shots to protect them from the illnesses they will encounter in the world, especially once they attend school. The most common reasons parents forego getting their children vaccinated are religious beliefs, medical exemptions, and personal beliefs. Due to the rising number of parents declining to get their children vaccinated, the number of outbreaks of preventable diseases has increased. The question is now should parents/guardians be forced to vaccinate their children?

Pierce v. Society of Sisters, 268 U.S. 510 (1925) The plaintiffs of this case were the Sisters of the Holy Names and Hill Military Academy against the defendant, Walter Pierce, governor of Oregon. Complaints against the governor were in response to the Compulsory Education Act of 1922, which required students to attend public schools. This legislation was an attempt to influence the education of immigrant students and promote assimilation after World War I.

Jenner. His experiments were extremely primal, however, and from that point on the vaccine production rate and quality rose exponentially. In 1809 the first United States law requiring vaccinations for smallpox was written after frequent outbreaks created great health and economic consequences.(Omer, 2011, 169-182). Before vaccines for children were created children died by the thousands from disease like in the 1920’s when diphtheria used to take on average 10,000 lives of children every year. The first vaccine as we have come to know them today emerged in 1914 with the first pertussis or whooping cough vaccine. This was followed by several Supreme Court decisions cementing a states right to create vaccination and school immunization laws regarding unvaccinated children and their ability to attend public and private schools. These decisions included the Jacobson v. Massachusetts decision of 1905 and a 1922 decision on a San Antonio, Texas case about a girl excluded from both public and private schools due to her lack of vaccination. Social call for change in the 1970’s called for the exclusion of unvaccinated children from schools to create quick improvement and controlled outbreak of a measles virus running rampant in the country. Thus after much legislative and social change on the subject of unvaccinated children’s exposure to

As a member of the faculty of the University of Maine and the author of several peer reviewed articles, Dr. Petress, a respected scholar, incorporates the fact that these disagreements have been taking place for years and still important questions remain. With information from the “National Center for Educational Statistics.” (2001). State Compulsory School Attendance Laws. Washington, DC: Department of Education he offers a glimpse of the policies and laws to provide some background. Additionally, he presents opposing views thoughtfully, fair, and matter of factly. Together, these things develop a strong ethos by revealing that he has carefully considered what those involved may need to help them better understand this complicated topic.