Can a daycare/preschool refuse your child if you have a vaccine exemption form from the state?
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Texas allows for exceptions and federal laws that prevent discrimination on the basis of religion would present an issue of a provider rejecting a child from their business.
It could be a problem if the Parents want to make a federal or state issue of it. I think as it being your business you should have the right to decline anyone but I think in this case a parent could present a problem if they know the law and want to fight you on it. Here is a helpful link: https://www.texansforvaccinechoice.c...n-information/
Do all childcare facilities/preschools have to accept the exemption form?
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Current state law requires that childcare facilities and preschools that are licensed by the Texas Department of Family and Protective Services (DFPS) to accept the exemption form. However, TFVC has received reports from members across the state that some facilities are choosing not to abide by this law and instead are denying exemptions. Your best option is to fully vet a facility, either with a phone call or web page search, on their policies before enrollment or paying any sort of deposit or other fees.
Source: Human Resources Code Sec. 42.043 and Texas Administrative Code, Title 40, Part 19, Chapter 746, Subchapter C, Division 1, Rule §746.615Last edited by Michael; 02-02-2020, 12:27 PM.
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Originally posted by Cat Herder View Post
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Originally posted by Unregistered View PostThat only shows the required immunizations but doesn’t state anything about the exemption form from the state.- Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.
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Originally posted by PB&J View PostIn my state, if you claim a religious exemption and fill out the form, we are required to enroll you to avoid religious discrimination. I am not in Texas.
Ex: I enroll infants over toddlers because I prefer longevity with clients, I want them to stay until kindergarten. I want them to grow up on my food and routines to have a smooth, peaceful program. I want this to be their second home. If a toddler came to interview with a true signed/notarized religious waiver, I'd still go with the infant and vice versa. It isn't discriminatory, it is about my program goals. Full-time over part-time attendance. Infants over toddlers. Shorter work hours over open to close hours.- Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.
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Originally posted by Unregistered View PostLegally you are not allowed to ask what their religion is though.
Of the two religions I am aware of there are other factors in which you wouldn't have to ask but would already know the family was part of that religion as there are other restrictions as well.
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Originally posted by Blackcat31 View PostThere are very few religions that actually do not allow vaccinations. Like VERY few.
Our official inspection guidelines issued by the state, my licensor, and her supervisor all say that if we do not enroll a child because they choose not to vaccinate for “personal religious reasons” then we are violating religious discrimination laws in our state.
Like CatHerder said, we can conduct a thorough interview and select based on “best fit” for our environment overall. If we choose a family and then find out they use this exclusion and then deny them for that, the family could make a case if they chose to.
All of this to say to the OP: ask your licensor what your state laws are.
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Originally posted by PB&J View PostThe state does not require them to declare a denomination, quote scripture, or otherwise specify. The form used by the state to allow for this exclusion merely says “my personal religious beliefs.”
Our official inspection guidelines issued by the state, my licensor, and her supervisor all say that if we do not enroll a child because they choose not to vaccinate for “personal religious reasons” then we are violating religious discrimination laws in our state.
Like CatHerder said, we can conduct a thorough interview and select based on “best fit” for our environment overall. If we choose a family and then find out they use this exclusion and then deny them for that, the family could make a case if they chose to.
All of this to say to the OP: ask your licensor what your state laws are.
I am not suggesting anyone ask.
Nor am I stating a family must declare anything.
The religions that do not support vaccinations have other limitations (for example dietary restrictions) etc so you would know based on that.
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Originally posted by Cat Herder View PostI enroll infants over toddlers because I prefer longevity with clients, I want them to stay until kindergarten. I want them to grow up on my food and routines to have a smooth, peaceful program. I want this to be their second home.
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