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A Win for a High School Student in New York State
Allowed to Stay in School with out the MenACWY Vaccine!
Support AVFCA TODAY to make more Wins Happen!

Even well-informed parents and students can face confusing vaccine procedures and unclear requirements. This was the case for Isabella, a high school senior in upstate New York, who was threatened that she would be excluded from school unless she received a meningococcal (MenACWY) vaccine or complied with invasive demands from the district.

At the start of the school year, Isabella’s family submitted the required New York medical exemption form, signed by her licensed healthcare provider, to exempt her from the meningococcal vaccine due to months of chest pains. The doctors thought it was best for her to be fully evaluated and see a cardiologist before being given the vaccine. The district responded that to review the exemption, Isabella’s mother had to sign a HIPAA release and allow an open-ended meeting between Isabella’s doctor and the district’s Medical Exemption reviewer. While there was nothing to hide, this was a serious privacy concern and not required by law. The family was given 14 days to comply or Isabella would be barred from school.

That’s when Isabella’s mother reached out to No College Mandates [[link removed]] , an organization working tirelessly to support student rights across the country by connecting students and families with advocacy resources, who referred her to A Voice for Choice Advocacy (AVFCA) for assistance.

AVFCA reviewed New York’s laws and helped the family prepare a detailed letter addressing several key legal points, all of which demonstrated that Isabella should be allowed to remain in school with the documentation already provided:

* Applicability of Public Health Law §2164: The statute requires that persons in parental relation ensure their children are vaccinated. A child is defined as under 18, with no reference to adults, meaning the law does not apply to students like Isabella, who had just turned 18.
* Medical Exemption Review (§66-1.3(c)): Schools may request written information to support an exemption but cannot require a HIPAA release or direct physician communication. Any denial must include reasons and a right to appeal.
* HIPAA and Privacy: The law does not authorize schools to demand HIPAA releases or physician meetings. AVFCA strongly advises against signing HIPAA releases , as they allow schools to access information beyond the issue at hand. All communication should go through the parent or adult student.
* Right to Attend While “In Process” (§66-1.3(b)): Students “in process”—with documentation being reviewed—cannot be excluded. The 14-day compliance rule applies only to those not in process. Because Isabella had ongoing appointments and documentation under review, she was protected.

While the letter outlined multiple ways the school district was misinterpreting the law, the district ultimately relied on one fact—she had just turned 18. AVFCA identified this legal distinction that the school vaccine requirements in New York apply only to minors. Since the law does not extend to adults, the district could not enforce the vaccine requirement. To note: This same protection also exists in California.

This case shows how easily schools can misinterpret the law and why it’s vital to have advocates who know and understand the law. With clear communication, persistence, and support, students can protect their education and privacy.

While every case is different and may not always have a way around, reach out to AVFCA—we will explore every avenue with you to ensure schools follow the law and treat families fairly.

Thank you for helping us make victories like this possible! AVFCA is completely funded by donations made by people like you. Your donations enable us to keep standing up for individuals facing similar challenges. Over the last 10 years A Voice for Choice Advocacy, and our sister organization, A Voice for Choice, have been sustained only by grassroots donations, as well as my own significant donations. We are so thankful to everyone who has generously donated. However, AVFCA always needs your help to make our efforts sustainable. If you appreciate the work we do, AVFCA asks you to donate as generously as you can - no amount is too little or too great! If you are not already, please consider becoming a monthly donor:



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Thank you in advance for your generosity. Together we can make change happen!

C
Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
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A Voice for Choice Advocacy
530 Showers Drive, #7404
Mountain View, CA 94040
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