Vaccines and Parental Rights

With this information, you can write a letter to your 

child's school stating that you understand the risks and 

all involved and choose not to have your child vaccinated, 

exercising your parental right to opt out according to 

California Education Code 45476.c.3.

California Education Codes

Section 54746.c.3

(3) Each child shall have a health evaluation form signed 

by a physician, or his or her designee, before the child 

is allowed on the school campus or is enrolled in the 

child care and development program. Health screening and 

immunizations shall not be required when the custodial 

parent annually files a written request as provided for 

in Section *49451 and Section **120365 of the Health and 

Safety Code.

*49451. A parent or guardian having control or charge of 

any child enrolled in the public schools may file 

annually with the principal of the school in which he is 

enrolled a statement in writing, signed by the parent or 

guardian, stating that he will not consent to a physical 

examination of his child. Thereupon the child shall be 

exempt from any physical examination, but whenever there 

is a good reason to believe that the child is suffering 

from a recognized contagious or infectious disease, he 

shall be sent home and shall not be permitted to return 

until the school authorities are satisfied that any 

contagious or infectious disease does not exist. 

**120365.  Immunization of a person shall not be required 

for admission to a school or other institution listed in 

Section 120335 if the parent or guardian or adult who has 

assumed responsibility for his or her care and custody in 

the case of a minor, or the person seeking admission if 

an emancipated minor, files with the governing authority 

a letter or affidavit stating that the immunization is 

contrary to his or her beliefs. However, whenever there 

is good cause to believe that the person has been exposed 

to one of the communicable diseases listed in subdivision 

***(a) of Section 120325,that person may be temporarily 

excluded from the school or institution until the local 

health officer is satisfied that the person is no longer 

at risk of developing the disease.

***120325(a) A means for the eventual achievement of 

total immunization of appropriate age groups against the 

following childhood diseases: 
(1) Diphtheria. 
(2) Hepatitis B. 
(3) Haemophilus influenzae type b. 
(4) Measles. 
(5) Mumps. 
(6) Pertussis (whooping cough). 
(7) Poliomyelitis. 
(8) Rubella. 
(9) Tetanus. 
(10) Varicella (chickenpox). This paragraph shall be 

operative only to the extent that funds for this purpose 

are appropriated in the annual Budget Act.

(11) Any other disease that is consistent with the most 

current recommendations of the United States Public 

Health Services' Centers for Disease Control Immunization 

Practices Advisory Committee and the American Academy of 

Pediatrics Committee of Infectious Diseases, and deemed 

appropriate by the department. 

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