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Published: January 29, 2021

CHD appeals to US Supreme Court to stop New York from excluding kids with medical exemptions for vaccines from online education

By The Editor

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January 29, 2021 (Children’s Health Defense) — Children’s Health Defense (CHD) has petitioned the U.S. Supreme Court to get New York kids back to school.

CHD and seven New York families with medically vulnerable children took the New York State Department of Health to court in June 2020. The families filed a proposed class action lawsuit in the Northern District of New York that challenged restrictive new regulations on the medical exemption to the state’s vaccine requirements.

In New York, all children are required to receive, on average, 50 doses of vaccines on a schedule following guidelines set forth by the Centers for Disease Control and Prevention (CDC). To attend any private or public school, children must be fully up to date at the start of the school year unless they have a medical exemption. Pursuant to statute, if any physician licensed by the state certifies that the child is at risk of harm from the vaccine, the child is supposed to be exempt.

In August 2019, however, unelected officials at the state’s health department dramatically undercut the statutory medical exemption protections without any direction from the legislature

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