Texas currently uses a hard copy, mailed system through DSHS for exemption affidavits. The most convenient way to request exemption affidavits for your students is by using the portal on the DSHS Immunization Branch website:

Request Exemption Affidavits

 
Requests may also be mailed to (DSHS Immunization Branch, Mail Code 1946, P.O. Box 149347, Austin, TX 78714-9347), faxed (512-776-7544), or hand delivered on weekdays between 8am – 5pm (1100 West 49th Street, Austin.)

If faxing, mailing or hand delivering a letter to request an affidavit, your letter must include the following information:

• Full name of each child for whom a form is requested
• Date of birth of each child for whom a form is requested
• Parent or legal guardian’s complete return mailing address
• Number of forms needed for each child*

* The state allows you to request a maximum of five forms per individual per request. We recommend that you request all five per child. Having extras on hand will prevent any delay in enrollment if a need for a form should arise. You may request up to 5 forms per child each time you request. There is not a limit to the number of times you may request forms.

Telephone and email requests are not processed. Regardless of which way you use to request your affidavits, all affidavits are mailed. 

Texas Administrative Code Rule §97.62

DSHS does not maintain a record of the names of individuals who request an affidavit and returns the original request with the forms requested. DSHS reports and tracks the number of affidavit requests and zip code but no other identifying information is maintained.

Source: Texas Administrative Code Rule §97.62

When a facility requires the affidavit, go get one form per child notarized. Do not sign your form until you are in front of the notary who is licensed in Texas. Once notarized, the form must be turned in to the requesting facility within 90 days or it will become void and is valid for 2 years.

Texas schools, daycares, and colleges will accept only the official DSHS affidavit forms. No other forms, photocopies or reproductions are valid. TFVC does not recommend that you write on or in any way edit the exemption forms as that may invalidate them.

Any child who utilizes the affidavit may be excluded from school if there is an outbreak.

If your notary needs help, CLICK HERE for a completed example.

All Texas K-12 public schools, including charter schools, are required to accept the exemption form. K-12 private schools that accept any state funding must also accept the exemption form. Keep reading for rules for childcare/preschools and higher education schools.

Source: Education Code Section 1.001(a) and Texas AG Opinion GA-0420

Note: K-12 private schools that do not receive any state funding are permitted to implement their own vaccine and exemption policies which means that this type of enrollment refusal is allowable. TFVC remains committed to protecting all Texans from vaccine-based discrimination, so your story could be helpful in our advocacy efforts. Share your story here.

Five vaccination-related provisional enrollment scenarios exist. All scenarios allow for a 30 day temporary enrollment in school or daycare if vaccination evidence is not available. After 30 days, the facility administrator will review the student’s vaccination status.

(1) a student who is homeless according to the federal McKinney-Vento Act

(2) a student who is in foster care

(3) a student who has received at least one dose of each specified age-appropriate vaccine required, and is on schedule to receive subsequent doses as rapidly as medically feasible. The student must not be overdue for the next dose in series to be considered provisional.

(4) a student who transfers from one Texas school to another and is awaiting the transfer of the immunization records

(5) a student who is a dependent of an active duty service member and is awaiting the transfer of immunization records (Note: these students do not have to transfer from another Texas school to qualify for provisional enrollment.)

Source: Texas Administrative Code Rule §97.66/69

State law requires that all licensed childcare facilities and preschools accept the exemption affidavit. The law was further acknowledged when Texas HHSC, the state agency that regulates these facilities, was compelled to issue an Operation Action Letter, admitting to a “previous misapplication of the statute.” 

However, TFVC continues to receive reports that some facilities are illegally denying exemptions. If you come across this issue, please first ensure the facility is licensed by searching the database HERE. Then, if after providing the duly licensed facility the Operation Action Letter, they persist in denying enrollment, you may consider filing a complaint by calling a licensing representative at 512-834-3426 or by contacting TFVC.

Source: Human Resources Code Sec. 42.043 and Texas Administrative Code Rule §746.615

Note: Licensed daycares are required to maintain a health statement for every enrolled child. To satisfy this requirement, you must submit either:

(1) a written statement, from a healthcare professional (HCP) who has examined the child within the past year, indicating the child is able to take part in the child-care program, or
(2) a signed affidavit from the parent stating that medical diagnosis and treatment conflict with a deeply held belief.

The code does not indicate that the HCP must be an MD or DO. You may choose your own HCP.  

Source: Texas Administrative Rule §746.611

If you are enrolling in ANY institution of higher education in Texas, you can submit an exemption affidavit for meningococcal vaccination by requesting the official Texas DSHS affidavit form and submitting it with your enrollment. Higher education exemption statutes apply to ALL Texas institutions, regardless of funding, including private, public, 4-year, 2-year, trade, community, and junior colleges.

If you are enrolling in a public junior or community college, you can create your own exemption form using this website. After entering all the requested information, print the form, sign and date it, and submit the form when enrolling. Some public junior colleges and community colleges may require students to use this option.

Source: Texas Administrative Code Rule Rule §21.614

Working with People:
Students enrolled in healthcare fields must receive the following vaccines to participate in coursework that involves direct contact with bodily fluids:

(1) Tetanus-Diphtheria Vaccine. One dose of Td or Tdap is required within the last ten years.
(2) Two doses of Measles, Mumps, and Rubella Vaccines.
(3) Complete Series of the Hepatitis B Vaccine.
(4) Two doses of Varicella (chickenpox) Vaccine.

Titers for measles, rubella, mumps, hepatitis B, or varicella are also accepted. Varicella can also be confirmed via a written statement attesting to the student’s positive history of varicella.

Working with Animals:
Students enrolled in schools of veterinary medicine must receive the following vaccines to participate in coursework that involves direct contact with animals, human or their fluids:

1.  Complete Primary Series of the Rabies Vaccine. Serum antibody levels must be checked every two years, with a booster dose of rabies vaccine administered if the rabies virus-neutralizing antibody response is deemed inadequate.
2. Complete Series of the Hepatitis B Vaccine. Evidence of hepatitis B via serologic confirmations (i.e. titers) is acceptable and must consist of a valid laboratory report that indicates confirmation of either immunity or infection
3. Tetanus-Diphtheria Vaccine. One dose of Td or Tdap is required within the last ten years. 

Source: Texas Administrative Code Rule §97.64/65