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On February 16, 2023, Connecticut’s Commissioner of Public Health (“Commissioner”) issued a memorandum to school nurse supervisors and school medical advisors regarding medical exemption reporting and in-process immunization requirements for Connecticut students.  

As we described in our prior posts here and here, in 2021, Connecticut significantly modified its law regarding exemptions from state immunization requirements.  These changes eliminated the state’s religious exemption from school immunization requirements, while still allowing certain students to continue to rely on existing and recognized religious exemptions under the law’s legacy clauses.  The revised law also addresses medical exemptions and students who are not yet fully immunized but are in the process of receiving required vaccinations.  The February 16th memorandum provides further guidance to schools regarding these changes and requirements.

Medical Exemptions from Statutory Immunization Requirements

Even as modified, Connecticut law continues to permit medical exemptions from certain immunizations, provided certain conditions are met.  In particular, the child (or the child’s parent or guardian) must present a certificate, in a form prescribed by the Commissioner of Public Health, from a physician, physician assistant or advanced practice registered nurse (collectively, “Healthcare Providers”) stating that in the opinion of the Healthcare Provider, immunization is medically contraindicated because of the child’s physical condition.

In accordance with the new law, the Connecticut Department of Public Health (“DPH”) created a Student Medical Exemption Certificate for Required Immunizations.  In its February 16th memorandum, the Commissioner announced that DPH has also created a secure, web-based portal to collect medical exemption information from each Healthcare Provider who provides a child with such certificate.  The memorandum further states that the child’s school must also continue to receive a copy of the form.

In-Process Immunization Requirements

Following the changes to the state’s school immunization law, questions remained as to how to address unvaccinated children who are now in the process of becoming compliant with state vaccination requirements.  Regarding “in-process” vaccination, the memorandum states that students whose initial immunizations have been given but for whom additional required immunizations are in process must submit the Healthcare Provider’s Certification of In Process Required School Immunizations from their Healthcare Provider, indicating that additional immunizations are in process according to guidelines and schedules specified by the Commissioner of Public Health.  The form states that Healthcare Providers must follow the Centers for Disease Control and Prevention catch-up schedule for the minimum spacing interval between doses and complete the administration of the additional required immunizations no later than thirty (30) days after the minimal interval time period has passed. 

For a particular subset of these students, the provider may submit a different form. Such declaration may be used only for a student who, prior to April 28, 2021, was (1) enrolled in a preschool program or other prekindergarten program, and (2) exempt from the state’s immunization requirements based on a statement submitted to the program that such immunizations would be contrary to the religious beliefs of the student or the student’s parent or guardian.  The memorandum further explains that the declaration form should be shared with the school the student attends. 

If you have questions about school immunization requirements, exemptions, and in-process vaccination schedules, please contact Dori Pagé Antonetti at dantonetti@goowin.com, Julie Fay at jfay@goodwin.com, Sarah Gleason at segleason@goodwin.com, or Jessica Richman Smith at jsmith@goodwin.com.

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Photo of Dori Pagé Antonetti Dori Pagé Antonetti

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients…

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients, Dori draws on her unique experience as a former educator for Teach for America.  This experience, coupled with her time as a hearing review officer for the New York City Office of Labor Relations, allows Dori to analyze issues from a practical perspective, which brings significant advantages to her clients.

Most recently, Dori’s practice has focused on assisting school districts and independent schools with various aspects of COVID-19 pandemic response and preparedness and return-to-school planning.  Dori has provided guidance on the requirements and implementation of ever-evolving federal and state laws and guidelines in various areas, such as employee leave, vaccine mandates, mask rules, health and safety protocols, telehealth, and sports-related issues.

Dori is a thoughtful attorney who has astute peripheral vision which allows her to help school clients identify legal issues and develop creative solutions.  She is attentive to detail, careful, and thorough.  Dori has extensive experience in policy development and review, and enjoys helping clients ensure that their policies and regulations are legally compliant, clearly written, and accomplish their intended purpose.  She also regularly advises schools on their obligations and responsibilities under the Family and Medical Leave Act and Americans with Disabilities Act.  For independent school clients, Dori has extensive experience drafting and revising enrollment contracts, faculty/staff handbooks, employment contracts and advising on issues such as truth-in-lending obligations, federal funding, vaccine policies and exemption issues.

Photo of Julie C. Fay Julie C. Fay

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students…

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students with disabilities, student discipline, confidentiality, school governance and policy. Julie frequently represents schools in administrative hearings, including expulsion hearings, special education due process hearings and related proceedings, and is often called upon to guide districts in drafting policies and administrative procedures in all education law areas. As part of her practice, Julie has conducted numerous professional development workshops for clients and other school organizations.

Photo of Sarah Gleason Sarah Gleason

Sarah Gleason is a member of the firm’s School Law Practice Group, where she advises public school districts on a variety of general education, special education and labor and employment issues.  Prior to receiving her J.D., Sarah worked as an elementary school teacher…

Sarah Gleason is a member of the firm’s School Law Practice Group, where she advises public school districts on a variety of general education, special education and labor and employment issues.  Prior to receiving her J.D., Sarah worked as an elementary school teacher, and she brings that unique perspective to her practice as a school law attorney.

Photo of Jessica Richman Smith Jessica Richman Smith

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information…

Jessica represents schools in a variety of education, labor relations and employment law matters.  She negotiates certified and non-certified collective bargaining agreements on behalf of numerous public boards of education.  Jessica also represents school districts in labor and employment disputes, freedom of information hearings, teacher tenure proceedings, student disciplinary matters, election law matters, and other legal proceedings arising in the education context.  In addition, Jessica advises schools on education policies and practices, compliance with the Family Educational Rights and Privacy Act and the Connecticut Freedom of Information Act, and other legal matters arising in the education context.