Governor Newsom’s COVID-19 Student Vaccine Proposed Mandate Information 10/22/21
On October 1, 2021, Governor Newsom announced a new proposed mandate for students attending in-person instruction to be vaccinated against COVID-19 starting the term following full FDA approval of the vaccine. It is important to note that as of 10/22/21, the Governor has NOT released an official order and the COVID-19 vaccine is NOT currently FDA approved for children under 16 years old FDA approval news release. As such, it is very unclear when/if the proposed mandate will be implemented.
We understand parents may be understandably very concerned about this proposed requirement and have many questions. We have questions and have not been allowed to review a published health order with details since no such order has been issued yet. The most updated information on this proposed new requirement, may be found on the California Department of Public Health (CDPH) press release page.
Hesperia USD continues to strongly support parental rights to the fullest extent of the law. We continue to advocate for parent choice and provide parents the latitude to decide what is best for their child’s health. That is and has been the position of the Board of Education and District. As a district, we are obligated to implement and follow state Health and Safety Code requirements, laws, and regulations, and vaccination requirements under sections 120325-120380 of the California Health and Safety Code.
Our school board, district administrators, principals, teachers, and staff are not involved and do not have jurisdiction in this process or decision-making regarding these state issued mandates. As we understand this proposed requirement, the CDPH will initiate the rulemaking process and write regulations that will address requirements such as the process and scope of medical and personal exemptions. Again, HUSD will continue to advocate for parent choice and provide parents the latitude to decide what is best for their child’s health. If you have opinions that you would like to share about this new regulation or provide input on the rulemaking process associated with this new mandate, please direct those to the California Department of Public Health at (916) 558-1784 or our local representative listed at the end of these press release. To view other CA Legislators, please visit the following link: http://www.legislature.ca.gov
FAQs
Below are some of the most frequently asked questions we have received regarding this proposed new vaccination requirement. Responses are based on a summary found in the Governor’s Press Release and information gathered from educational associations in the State.
Q: Is HUSD currently mandating the COVID-19 Vaccine?
A: No! The mandate for students to be vaccinated is not currently in effect. The mandate cannot go into effect until there is a valid health order in place AND the vaccine has full FDA approval for specific age groups of students.
Q: When does this requirement take effect?
A: This is unclear because there is no valid health order mandating vaccination for students at this time. However, the district has been told by legal representation that the mandate has an anticipated implementation date of July 1, 2022. Again, for this to take effect a valid health order would have to be issued AND the vaccine must have full FDA approval. Once the health order is issued and the vaccine has full FDA approval, it would take effect the following semester.
Q: Will there be exemptions?
A: Yes. Requirements established by regulation, not legislation, must be subject to exemptions “for both medical reasons and personal beliefs.” (HSC section 120338). Since an executive order establishes the mandate, medical, religious, and personal belief exemptions will be accepted. Senate Bill 277 (SB) has a caveat that when a new vaccine is added to the list of the current requirements, there may be an exemption for personal beliefs.
Q: Where can I download a COVID-19 vaccine exemption form and where do I submit it?
A: Exemptions for student COVID-19 vaccines are not yet applicable because the proposed mandate has not yet taken effect. It’s anticipated these exemptions will include medical, religious, and personal beliefs. When appropriate and when we have more information on the effective date and details, the district will post an exemption form on our website with detailed instructions.
Q: Will HUSD continue to provide learning options next year for families who do not want to vaccinate their students?
A: Yes! HUSD will continue to offer the following programs for any family who prefers virtual learning for any reason:
Shadow Ridge and Hesperia Live:
Click here for website
Click here for more information
Q: Is this proposed mandate legal yet?
A: No. Currently there are legal actions in the California courts regarding mandates for K-12 around pandemic regulations such as vaccines, masks, and quarantining. The court is scheduled to hear these arguments in early November. HUSD supports the legal actions that focus on student learning and provide opportunities for parents/guardians to impart their own health values on their school aged children. Furthermore, this vaccine requirement is not scheduled to take effect until mid-2022.
Local Representatives
State Assembly (District 33)
Assembly Member Thurston “Smitty” Smith
Click here for website
District Office
9700 7th Avenue, Suite 227
Hesperia, CA 92345
Phone: (760) 244-5277
Fax: (760) 244-5447
Capital Office
State Capital
P.O. Box 942849
Sacramento, CA 942490033
Phone: (916) 319-2033
Fax: (916) 319-2133
State Senate (District 21)
Senator Scott Wilk
Click here for website
Victor Valley Office
14343 Civic Drive, First Floor
Victorville, CA 92392
Phone: (760) 843-8414
Fax: (760) 843-8343
Capital Office
State Capital, Room 305
Sacramento, CA 95814
Phone: (916) 651-4021
Fax: (916) 651-4921
State Senate (District 23)
Senator Rosilicie Ochoa Bogh
Click here for website
Rancho Cucamonga Office
10350 Commerce Center Drive, Suite A-220
Rancho Cucamonga, CA 91730
Phone: (760) 843-8414
Fax: (760) 843-8343
Capital Office
State Capital, Room 3056
Sacramento, CA 95814
Phone: (916) 651-4023
Fax: (916) 651-4923