Schools and Districts are Legally Required to Follow the Intention and Language of SB 277

Well, while some school districts are getting it right, it appears many are getting it WRONG. Roseville City School District recently sent an email to parents that directly goes against the IEP amendment to SB 277. The Assistant Superintendent of Student Services, Debbie Morris, writes: “Please note, while this law does not prohibit a pupil who qualifies for an IEP from accessing any special education and related services required by an IEP, this does not change the expectation that all students on IEPs are still required to be immunized per the new mandate.”

WRONG. That is absolutely wrong.

►During the June 9th, 2015 Assembly Health hearing, SB 277 co-author Senator Ben Allen said:

“The amendments that were made with respect to the IEPs…address the IDEA [Individuals with Disabilities in Education Act] concern. ‘That nothing in this section shall prohibit a pupil that qualifies for an IEP, pursuant to Federal Law and section 56026 of the Education Code, from accessing ANY special education and related services required by the Individualized Education Program.’ And most IEPs do require a mainstream component, THAT’S PART OF THE LAW, that’s part of the movement.”

►During the same Assembly Health hearing, Assemblywoman Waldron asked the California Department of Education representative:

“Just for clarification with SB277 and the amendment regarding Individualized Education Program or an IEP. Would that apply to all aspects of special needs child education? In other words, would a Special Ed student be allowed to take part in normal classroom activities with all other kids in a general setting if they had the exemption?”

The state representative, Fred Balcom, who is the Director of Special Education for the California Department of Education, confirmed: “YES.”

►Author Senator Pan’s Sacramento office also replied to a concerned parent’s email by saying, “I spoke to my colleagues and they said that if your child [that is not fully vaccinated] is in the IEP program, he will be allowed to attend Kindergarten.” In response to the incorrect legal interpretation from the Orange County Department of Education and the worry parents had about children with IEPs being court-ordered to vaccinate, the same staff member said, “I will see what I can do because THAT IS NOT WHAT THE LAW IS SAYING.”

The reality is many children have IEPs as a result of prior vaccine reactions and they are even more sensitive to further reactions if forced to continue vaccinating. This means requiring these children to be fully vaccinated WILL INTERFERE with their IEP placement, which is against Federal law. The authors of the bill have confirmed these children are to be protected, and it is time that clarification is officially solidified with all districts in the state.