California students couldn’t opt out of COVID shots for personal beliefs under new bill

California students would need to be vaccinated against COVID-19 to attend in-person classes unless they have a medical exemption under a proposal unveiled Monday by a Sacramento lawmaker.

The proposed bill by state Sen. Richard Pan, D-Sacramento, would require that all students from kindergarten through 12th grade get vaccinated against the coronavirus starting Jan. 1, 2023.

If passed by the Legislature and signed by Gov. Gavin Newsom, it would override a major exemption in the state’s current vaccine mandate, which allows parents to opt their kids out of the requirement if they attest that getting the vaccine would violate their personal beliefs.

The current rule, which Newsom issued in October, requires students to be vaccinated against the coronavirus starting the term after the Food and Drug Administration fully approves the shot for their age group. It’s not yet in effect for students in any age group, but could be in place for high school students starting this summer, depending on how quickly federal regulators fully approve the vaccine for teens.

Pan framed his proposal as a way to keep schools open and students safe.

“We need to give parents and school districts certainty about what they need to do to be sure we keep schools open and keep them safe,” Pan told The Sacramento Bee. “Gov. Newsom got out front, he issued his executive order, but a state law would make it much more certain and less likely to be challenged in court.”

Pan’s proposal is the second major vaccine bill proposed this year. On Thursday, Sen. Scott Wiener, D-San Francisco, introduced a bill that would let California children and teens over age 12 get vaccinated without parental consent.

Already, lawmakers planning to pass legislation to increase COVID-19 vaccination rates are bracing for major protests. In past years, debates over vaccine bills have caused demonstrators to pack the halls of the Capitol in protest. In 2019, when lawmakers passed a bill that made it more difficult to get medical exemptions for childhood vaccines, lawmakers faced threats and harassment.

Several lawmakers told The Bee they expect opposition to vaccine legislation this year to be even more intense.

Pan acknowledged that the state must work to educate parents about the safety of COVID-19 vaccines if it eliminates the personal belief exemption because many parents have concerns about the shot.

Although there are some rare side effects linked to the vaccine, COVID-19 itself is more dangerous to children.

“We need to make a concerted effort to educate families about vaccines,” Pan said at a press conference in Los Angeles announcing the bill. “There’s all kinds of people trying to say that children aren’t affected by the virus. We know that’s not true. Children can get very sick. Some have unfortunately even died from this virus.”

Pan told The Bee he is still hashing out details related to the legislation, including how many shots students will need to be considered fully vaccinated, a metric still in flux for the COVID-19 vaccine. He said he is also weighing tailoring the legislation so it would apply to the COVID-19 vaccines under emergency use authorization, as well as those fully approved by the FDA. That may be a moot point, Pan said, because the FDA could move this year to fully approve the vaccine for all kids over 5.

Right now, the Pfizer COVID vaccine is fully authorized only for children over 16. Younger kids can get it under an emergency use authorization.

Shortly after Pan announced the legislation, a Republican lawmaker was already tweeting in opposition to it.

“I am absolutely going to oppose removing COVID vaccine exemptions for school children,” Assemblyman James Gallagher, R-Yuba City, wrote. “This is wrong and an unconscionable overreach into the family over a virus that poses very minimal threat to young children.”