In the United States, Californian schools will no longer be able to impose their own rules on vaccination against Covid-19 on students to access classrooms and participate in school activities. This is the decision of the State Court of Appeals for the 4th District rendered on November 22 against the San Diego Unified School District (SDUSD), one of the few districts in California to maintain still an obligation to vaccinate against Covid-19.
The San Diego Schools Vaccination Mandate, decided by the SDUSD, was to go into effect in September 2021. As of January 24, 2022, under this rule, unvaccinated students would have been forced to attend classes at residence ; this form of instruction was renamed for the occasion “involuntary independent study”. Ultimately, this measure was never fully applied thanks to a legal action filed almost immediately in October 2021 by Let them choosean initiative from Let them breathea Californian non-profit organization.
‘A step backwards’ for education, court says
In delivering its verdict, the court called the idea a“involuntary independent study” of “step back” for education, judging that it would not represent “not a real choice” for the students concerned. Through its vaccination mandate, SDUSD was also asserting its responsibility to keep students healthy and safe. According to them, it justifies the right of school districts to develop policies for “respond to local needs”. But in its 19-page decision, the court says SDUSD’s mandate “unlawfully sought to usurp authority” of the California State Legislature by enacting vaccination requirements for school children.
“A great victory for children and the rule of law”
Mary Holland, president and general counsel of the organization Children’s Health Defense (CHD), told The Defender news outlet that the court’s decision was “excellent news (…) because the vaccine against Covid-19 is neither safe nor effective. It is not even a vaccine in the normal sense of the term, as it fails to prevent infection with the virus, nor its transmission.” Holland also emphasizes the importance of class attendance in fostering good learning in school.
“This is a big win for children and the rule of law, which provides consistency statewide”said, meanwhile, Lee Andelin, lawyer for Let them breathe. The published notice applies to all school districts in California and sets an important precedent for protecting access to education.