Texas - Vaccination Waiver: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law allows waivers for religious or moral reasons.

Texas Education Code Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS.

(c) Immunization is not required for a person’s admission to any elementary or secondary school if the person applying for admission:

  • (1) submits to the admitting official:
    • (A) an affidavit or a certificate signed by a physician who is duly registered and licensed to practice medicine in the United States, in which it is stated that, in the physician’s opinion, the immunization required poses a significant risk to the health and well-being of the applicant or any member of the applicant’s family or household; or
    • (B) an affidavit signed by the applicant or, if a minor, by the applicant’s parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief; or
  • (2) is a member of the armed forces of the United States and is on active duty.

Texas Administrative Code Title 25 RULE §97.62 Exclusions from Compliance

Exclusions from compliance are allowable on an individual basis for medical contraindications, reasons of conscience, including a religious belief, and active duty with the armed forces of the United States.
Source: Office of the Secretary of State


Texas Administrative Code Title 25 RULE §97.62 Exclusions from Compliance

(1) To claim an exclusion for medical reasons, the child or student must present an exemption statement to the school or child-care facility, dated and signed by a physician (M.D. or D.O.), properly licensed and in good standing in any state in the United States who has examined the child or student. The statement must state that, in the physician's opinion, the vaccine required is medically contraindicated or poses a significant risk to the health and well-being of the child or student or any member of the child's or student's household. Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for only one year from the date signed by the physician.
(2) To claim an exclusion for reasons of conscience, including a religious belief, the child's parent, legal guardian, or a student 18 years of age or older must present to the school or child-care facility a completed, signed and notarized affidavit on a form provided by the department stating that the child's parent, legal guardian, or the student declines vaccinations for reasons of conscience, including because of the person's religious beliefs. The affidavit will be valid for a two-year period from the date of notarization. A child or student, who has not received the required immunizations for reasons of conscience, including religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of the department.
Source: Office of the Secretary of State

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