School Business Affairs May 2019

42 MAY 2019 | SCHOOL BUSINESS AFFAIRS asbointl.org LEGAL ISSUES as part of their health education classes. Finally, districts should consider teaming up with community health and medical organizations to offer free or low-cost vaccination pro- grams, based on family income, to help parents ensure the well-being of theirchildren. Conclusion Reviewing and revising vaccination policies certainly does not guarantee a district will avoid all controversy or litigation. However, because vaccina- tions continue to be a “hot button” issue, careful planning can help edu- cation leaders not only avoid costly and perhaps unnecessary litigation but also ensure the safety of everyone in their school communities. References Avard v. Dupuis , 376 F. Supp. 479 (D.N.H.1974). B.A.B., Jr. v. Board of Education of City of St. Louis , 698 F.3d 1037 (8th Cir. 2012). Caviezel v. Great Neck Public Schools , 500 Fed.Appx. 16 (2d Cir. 2012), cert de- nied , 569 U.S. 947 (2013). a local medical facility, a physician knowledgeable about the school community, a parent, a community representative, and perhaps a high school student. Policy-writing teams should craft language that addresses religious or philosophical exemptions, or both. While acknowledging the impor- tance of parental rights to direct the upbringing of their children, policies must consider the impact of granting even a few exemptions on public health and welfare in their communities. Policies should address the neces- sity and timing of vaccinations. In other words, because healthcare professionals favor having children vaccinated before reaching the age of two (Hodge and Gostin 2001/2), educators should consider working with public health agencies to help parents get their children vaccinated at younger ages. Policies should require regular professional development sessions for teachers and other staff members so they can be informed if they must help allay parental concerns over vaccinations. Districts should offer information sessions for parents and the general public to brief them about the value of and need for vaccinations. They should also include their vaccination policies in teacher and student hand- books as well as on their Websites, so all members of school communi- ties are aware of the requirements. School curricula should teach chil- dren about the need for vaccinations Reviewing and revising vaccination policies certainly does not guarantee a district will avoid all controversy or litigation. INDE X OF ADVERT I SERS American Fidelity . back cover AEPA . page 20 Decision Insite . page 11 Harris . page 3 KPN . page 26 RISO . page 29 School Outfitters . inside front cover Cude v. State of Arkansas , 377 S.W.2d 816 (Ark.1964). Duffield v. School District of Williamsport , 29 A. 742 (Pa. 1894). Farina v. Board of Education of City of New York , 116 F. Supp.2d 503 (S.D.N.Y. 2000). Hodge, J. G., and L. O. Gostin. 2001/2. School vaccination requirements: Histori- cal, social, and legal perspectives. Ken- tucky Law Journal 90(4): 831–90. In re Elianah T.-T. , 165 A.3d 1236 (Conn. 2017a), request for reconsidera- tion granted , relief denied , 171 A.3d 447 (Conn. 2017b). Jacobson v. Commonwealth of Massachu- setts , 197 U.S. 11 (1905). Mellerson, J. L., C. B. Maxwell, C. L. Knighton, J. L. Kriss, R. Seither, and C. L. Black. 2018. Vaccination coverage for selected vaccines and exemption rates among children in kindergarten: United States, 2017–18 school year. Morbidity & Mortality Weekly Report (U.S. Center for Disease Control) 67 (40): 1115. NM v. Hebrew Academy of Long Beach , 155 F. Supp.3d 247 (E.D.N.Y. 2016). Phillips v. City of New York , 775 F.3d 538 (2d Cir. 2015a), cert. denied , 136 S. Ct. 104 (2015b). Turner v. Liverpool Central School , 186 F. Supp.2d 187 (N.D.N.Y. 2002). Viemester v. White , 179 N.Y. 235 (N.Y. 1904). Zucht v. King , 260 U.S. 174 (1922). Charles Russo is content area leader for ASBO International’s Legal Aspects Committee, Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), director of SEHS’s Ph.D. program in educational leadership, and research professor in the School of Law at the University of Day- ton, Ohio. Email: crusso1@udayton.edu

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