Texans for Vaccine Choice is committed to reforming and strengthening Texas statute through a multi-pronged approach. Obviously, legislation is our main focus, but there is more than one way to skin a cat.
Over the course of the last few months, TFVC has submitted, by way of Chairman Gary Gates, opinion requests to the Office of the Attorney General seeking clarification of current statutes as they related to vaccine exemptions, as well as any necessary correction of rulemaking authority interpretations on the part of the Department of State Health Services.
Our first request, RQ-0604-KP, calls on the Attorney General to clarify whether Texas Education Code Chapter 38 authorizes the DSHS Executive Commissioner to empower school superintendents or their designees to unilaterally decide whether or not to exclude a student with a vaccine exemption from campus for purposes of controlling the spread of a certain infectious disease. This code specifically states that students may be excluded only if the DSHS Executive Commissioner declares an emergency or epidemic, but the rules adopted by the agency compel “school administrators” to exclude exempted students simply for being exempt, without any such declaration. In fact, DSHS believes that they can and should exclude students based on suspicion of having a communicable disease, even in the absence of symptoms.
Our newest request, RQ-0615-KP, is more of a preemptive move. Since SB2 passed in the 89th Legislative Session, an educational savings account program has been established in law. This is more commonly known as “school choice”. What is missing from this bill is an explicit requirement for participating schools to accept the Reasons of Conscience affidavit or any other state-recognized exemptions from vaccinations. Therefore, we have asked the Attorney General to research whether the receipt of taxpayer dollars from this new program compels these schools to comply with state law regarding vaccine exemptions.
You can help us correct unlawful DSHS rules and expand vaccine choice for Texas school kids by submitting comments on each of these opinion requests!
Contact Ken Paxton’s office today and demand they clarify Texas law and protect our children from exclusion or denial of enrollment at schools over their vaccine status.
Two Ways to Make Your Voice Heard!
Online: https://www.texasattorneygeneral.gov/contact-us-online-form
(From the dropdown, choose: I want to register my opinion.)
Constituent Services Line: 800-252-8011
Sample Message for RQ-0604-KP:
I urge you to quickly respond to Opinion Request RQ-0604-KP regarding the authority to exclude vaccine-exempted students. The Department of State Health Services has abdicated the powers given to the agency by statute and is misapplying the law to be more discriminatory toward exempted students.
Sample Message for RQ-0615-KP:
I urge you to quickly respond to Opinion Request RQ-0615-KP. Students who participate in the ESA program should have the same rights as students who attend other publicly-funded schools.
